LAND ACQUISITION I

,

THE LAND ACQUISTTION ACT

ARRANGEMENT OF SECTIONS

PART I. Preliminary

1 . Short title.
2. Interpretation

PART 11. Acquisition. Prelitm'nnry Investigation

3. Power to enter and survey.
4. Payment for damage.

Decimation of Infended Acquisition

5. Declaration that land is required for a public purpose
6. Acquisition of land after declaration
7. Land to be surveyed.
8. Power to value land and to negotiate for purchase by private

9. Notice to persons interested.
10. Power to require information.

treaty.

Enquiry into Memwements. Value and Claims d
Award by Commissioner

11. Enqniry and award by Commissioner.
12. When award of Commissioner to be 6naL
13. Power to summon and enforce attendance of witnesses, etc.
14. Determination of compensation.

Taking Possession

15. Taking possession in case of urgency.
16. Vesting of land in Her Majesty.

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2 LAND ACQUlSITION

PART 111. Reference to Court and Procedure $hereon

17. Reference to Court.
18. Commissioner's statement to the Court.
19. Service of notice.
20. Appoinment of Assessors.
21. Death, etc., of Assessor.
22. Restriction on scope of enquiry.
23. Proceedings to be in open Court.
24. Rules as to amount of compensation.
25. Reoord of Assessor's opinion.
26. Difference of opinion between Judge and Assessors.
21. Assessor's fees.
28. Awards to be in writing.
29. Costs.
30. Commissioner may be directed to pay interest on compensation
31. Rules of Supreme Court applicable.
32. Appeal from decision of Court.

PART IV. ApporIionment of Cornpernation

33. Determination of apportionment of compensation.
34. Costs of apportionment to be borne by persons interested.

PART V. Payment

35. Payment of compensation.
36. Payment of Interest

PART VI. Temporary Occupalion of Land

37. Temporary occupation of land.
38. Power to enter and take possession of land
39. Dispute as to condition of land.

PART VII. Miscellaneous

40. Service of notices.
41. Obstructing survey. etc.
42. Police to enforce surrender.

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LAND ACQUlSITlON

43. Government not bound to complete acquisition.
44. Acquisition of part of building.
45. Payment of Commissioner's charges by Parish Council and

46. Exemption from stamp duty, etc.
47. Bar of suits to set aside awards.
48. Regulations.
49. Penalties.

K.S.A.C.

3

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LAND ACQUISlTION 5

cap. 204.

48 of 19%
6 IS.

42 of 196)

THE LAND ACQUISITION ACT LPW

122nd May, 1947.1 A* 196&

PART 1. Preliminary 32 of 1974. 3rd SCh.

1. This Act may be cited as the Land Acquisition Act. shorttiua

2. In this Act- Inrerprda-
hon. “Commissioner” means the Commissioner of Lands;

‘‘Court” means the Supreme Court;
‘‘land’’ includes benefits to arise out of land and things

a&iched to the earth or permanently fastened to any-
thing attached to the earth;

“person interested” includes every pemm daiming an
interest in compensation to be made on account of
the acquisition or occupation of land under this Act,
but does not include a tenant by the month or at will.

PART 11. Acquisition. Preliminary lnvestiguiiun

any locality is likely to be needed for any public purpose, a
notification to that effect shall be published in the Gazette
and a copy thereof served upon the owner of such land
and the Conmissioner shall came public notie of the
substance of such notification to be given at convenient
places in such locality, and thempon any officer either
generally or specially authorized by the Minister in this
behalf and his seryants and workmen may-

(a) enter upon and survey and take levels of any land
in such locality;

(b) dig or bore into the sub-soil;

3.--(1) Whenever it appears to the Minister thaf land in POWW
enta &nd

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M1

6 LAND ACQUlSlTION

(c) do all other acts necessary to ascertain whether the
land is adapted for the purpose for which it is
required,

(d) set out the boundaries of the land proposed to be
taken and the intended line of the work, if any,
proposed to be made thereon;

(e) mark such levels, boundaries and line by placing
marks and cutting trenches; and

W cut down and clear away any standing crop, fence,
bush or woodland, where otherwise the survey
cannot be completed, the levels taken or the
boundaries or line of the work marked.

12) No person shall enter into any building or upon
any enclosed yard, court or garden attached to a dwelling
house unless with the consent of the occupier thereof, with-
out previously giving such occupier at least seven days'
notice in writing of his intention so to do.

4. So soon as conveniently may be after any entry made
under section 3 the officer so authorized as aforesaid shall
pay for all damage done and, in case of dispute as to the
amount to be paid for such damage, he shall at once refer
the dispute to the Commissioner whose decision shall be
final subject to an appeal to the Minister.

Paymatfor

Declaration of Intended Acquisiiion
~ c c l p r a t i ~ l 5 4 1 ) Whenever it appears to the Minister that any
req,,idfor particular land is needed for a public purpose a declaration
a pub'ic shall be made to that effect under his signature.

311968 (2) No such declaration shall be made unless the
compensation to be awarded for such land is to be paid
'out of-

(a) the Consolidated Fund or loan funds of the

that land i i

Purpo4c.

s.2.

Government;
[The tnclusion of tlus page IS authorued by LN. 3111977l

LAND ACQUISITION 7

(b) the funds of any Parish Council or of the Kingston
and SL Andrew Corporation or of the National ;:I;%
Water Commission,

or partly out of funds arising from any of the sources
mentioned in paragraphs (a! and (b) .

(3) Every declaration shall be published in the
Gazette and shall stat-

(a) the parish in which the land is situated,
(b) the particular purpose for which it is needed;
(c) its approximate area and all other particulars

necessary for identifying it; and
(4 if a plan has been made of the land, the place

where and the time at which such plan may be
inspected.

(4) Any such declaration shall be umclusive evidence

(5) For the purpose of this section compensation 4811955
S. War

that the land is needed for a public purpose.

which is to be paid by the issue of land bonds in accordance
with the provisions of the Land Bonds Act, shall be deemed
to be compensation which is to be paid out of loan funds
of the Government of this Island.

6. Whenever any land has been so declared to be needed muisitim
ofland after for a public purpose the Minister shall direct the Commis- d d aration.

sioner to take proceedings for the acquisition of the land.

unless such land has already been marked out under section *nrveycd.
3, to be surveyed, and a plan thereof made, if no plan exists.

8 . 4 1 ) The Commissioner shall then cause the land to be powat0

7. The Commissioner shall thereupon cause the land, b d t o b e

valued and shall enter into negotiations for the purchase, value mdw land
acgotiato for

p l v n t e
plrcbarsby

by private treaty, of the land.

await the publication of the declaration under section 5
(2) It shall not be necessary for the Commissioner to mty.

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8 LAND ACQUISITION

before entering into negotiations for the purchase of the
land by private treaty.

(3) An agreement by private treaty shall not be
deemed to be. concluded until it has received the approval of
the Minister.

(4) Nothing in this section shall be deemed to pro-
hibit or delay the procedure provided by this Act for com-
pulsory acquisition of land.

9.41) where no agreement by private treaty for the
purchase of any land in respect whereof a declaration under
section 5 has been made is arrived at within such time as the
Commissioner may consider reasonable (whether because
the owner of such land cannot after reasonable enquiry be
found, or otherwise) the Commissioner shall cause notices
to be posted at convenient places on or near the land to be
acquired stating that claims to compensation for all interests
therein may be made to him.

(2) Every such notice shalI state the particulars of
the land and shall require all persons interested therein to
appear personally or by agent before the Commissioner at a
time and place to be specified in such notice, such time not
beiig earlier than twenty-one days after the date of publi-
cation of the notice, and to state the nature of their respec-
tive interests in the land and the amount and particulars
of their claims to compensation for such interests and their
objections, if any, to the survey made under section 7. The
Commissiwer may in any case require such statement to
be made in writing and signed by the party or his agent.

(3) The Commissioner shall also serve notice to the
same eflect on the occupier, if any, of such land and on all
persons known or believed to be interestad therein, or to be
entitled to act for persons 50 interested, a~ reside or have
agents authorized to receive seMce on their behalf, within
the parish in which the land is situated, provided that if any

Notice to

lntneated
P+r=na

3/1%8
s. 3

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LAND ACQ UlSl TlON

such person resides elsewhere and has no such agent the
notice may be sent to him by registered post if his address
can be ascertained after reasonable enquiry.

9

lO.-(l) The Commissioner may also require any person Power to
requm interested to deliver to him within a time to be specified , mfomation. .

not being less than thirty days, a statement in writing con-
taining, so far as may be within his knowledge, the name of
every other person possessing any interest in the land or
any part thereof as co-owner, mortgagee, lessee, sub-lessee,
tenant or otherwise, and of the nature of such interest, and
of the rents and profits, if any, received or receivable on
account thereof for three years immediately preceding the
date of the statement.

(2) Every person required under subsection (1) to
make any such statement who fails so to do shall be guilty
of an offence against this Act.

Enquiry into Measurements, Value and Claims and
Award by Commissioner

9, or on any day to which the enquiry may be adjourned,

(a) into the objections, if any, which any person
interested has stated, pursuant to the aforesaid
notice, to the survey made under section 7;

(b) into the value of the land; and
(c) into the respective interests of the p w s claim-

ing the compensation, and shall make an award
under his hand as tm-

11.-(1) On the day specified in the notice under section Enquiryd
award by

the Commissioner shall enquire- BLoner.

(i) the true area of the land;
(ii) the compensation which in his opinion

should be allowed for the said land;
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10 LAND ACQUlSlTlON

(iii) the apportionment of the said compensation
among all the persons known or believed to
be interested in the land of whose claims he
has information, whether or not they have
respectively appeared before him.

(2) When the amount of compensation has been
settled under subsection ( I ) , if any dispute arises as to the
apportionment of the same or any part thereof, or as to
the persons to whom the same or any part thereof is pay-
able, the Commissioner may refer such dispute for the
decision of the Court.

menaward 1 2 4 1 ) Every award shall be filed in the office of the
sioner to be Commissioner and shall, except as hereinafter provided, be

final and conclusive evidence as between the Commissioner
and the persons interested, whether they have respectively
appeared before the Commissioner or not, of the true area
and value of the land and the apportionment of the com-
pensation among the persons interested.

(2) The Commissioner shall serve a copy of the
award on all persons interested whose addresses are known
or can be ascertained upon reasonable enquiry at the time
the award is made.

Power to 13. For the purposes of an enquiry under t h i s Act the
Commissioner shall have the power to summon and enforce

of witnesses, the attendance of witnesses, including the persons interested
etc. or any of them, and to compel the production of documents

by the same means, and, so far as may be, in the same
manner as is provided in the case of a Resident Magistrate’s
court.

14.41) In determining the amount of compensation to

(i) the following and no other matters shall be taken
into consideration-

of Commis-

final.

summon and

Determina-

pensation,
tion of com- be awarded for land acquired under this Act-

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LAND ACQUlSiTION

(a) t%e market value at the date of the service
of the notice under subsection (3) of section
9;

(b) any increase in the value of the other land
of any person interested likely to accrue
from the use to which the land acquired will
be put;

(c) the damage, if any, sustained by any person
interested at the time of the taking posses-
sion of the land by the Commissioner by
reason of the acquisition injuriously dect- 3/1%d s. W). ing the actual earnings of such person;

(d) the reasonable expenses, if any, incidental
to any change of residence or place of busi-
ness of any person interested which is neces-
sary in consequence of the acquisition.

(ii) The following matters shall not be taken into con-
sideration-

(a) the degree of urgency which has led to the
acquisition;

(b) any disinclination of the person interested
to part with the land acquired;

(c) any damage sustained by the person inter-
ested which, if caused by a private person,
would not be a good cause of action;

(d) any damage which is liiely to be caused to
the land acquired after the date of the pub-
lication of the declaration under section 5
by or in consequence of the use to which it
has been put;

(e) any increase to the value of the land aoqui-
red which is liiely to accrue from the use to
which it will be put;

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11

12 LAND ACQUiSlTtON

cf, any outlay a additions OT improvements to
fhe land acquired, which was incurred aftex
the date of the publication of the notice
under section 5, unless such additions or
improvements were necessary for the main-
tenance of any building in a proper state of
repair;

(g) the fact that the land has been compulsorily
acquired;

(h) whether or not compensation is to be paid
in whole or in part by the issue of land
bonds in accordance with the provisions of
the Land Bonds Act.

321 I976
s. 2(b).

321 1976
s. 2(C).

12) For the purposes of sub-paragraph (a) of para-

(U) if the market value of land has been increased by
means of any improvement made by the owner or
his predecessor in interest within two years imme
diately praeding the service of the mtice under
subsection (3) of section 9, such increase shall be
disregarded unless it be proved that the improve-
ment was made born f;ie and not in contemplation
of proceedings for the land Wig taken under this
Act;

(b) when the value of land is increased by reason of
the use thereof or of any premises thereon in a
manner which could be restrained by any wurt OT
i8 contrary to law or is detrimental to the health
of the inmates of the pmim or to the public
health, the amount of that increase shall not be
taken into account.

(c) in determining the market value, regard shall be
had to any subsisting valuation of the unimproved
value of the land pursuant to the Land Valuation

gaph Q of subsection (I+

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LAND ACQUISITION 13

Act and all assessments and returns acquiesced
in or made in that behalf.

Taking Possession
15.-(1) The Commissioner may, if the Minister so directs, Taking,

at such time subsequently to the publication of the notice . In case of
required by subsection (1) of section 9 as the Minister may “rgcncy.
specify, take possession of any land needed for a public
Purpose.

(2) The Commissioner shall in such case offer to the
persons interested compensation for the loss of standing
crops and fruit.

(3) If such offer is not accepted, the value of such
crops and fruit shall be allowed for in awarding compensa-
tion for the land.

possession

16-(1) In every case, so soon as the Commissioner enters Vestins of
land in Her into possession of any land in accordance with any of the hialesty.

provisions of this Act relating to acquisition, the land shall
vest in the Commissioner of Lands in trust €or Her Majesty
in right of the Government of Jamaica from the date of ;;/;::
such entry into possession, and a notice to that effect shall
be published in the Gazette.

(2) The Commissioner shall furnish the Registrar
of Titles with a copy of every notice published under this
section, and the Registrar shall forthwith enter the parti-
culars thereof in a book to be kept by him for such purpose.

(3) So soon as a plan of the land has been prepared
in accordance with the requirements of the Registration of
Titles Act, the Commissioner shall cause application to be
made to the Registrar of Titles for the purpose of bringing
the title to the land under the operation of the Registration
of Titles Act.
-

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14 LAND ACQ UISlTlON

PART III.
17.41) Any person interested who is dissatisfied with

any award may, by written application to the Commis-
sioner, require that the matter be referred by the Commis-
sioner for the determination of the Court, whether his
objection be to the survey, the amount of the compensation,
the persons to whom it is payable, or the apportionment of
the compensation among the persons interested.

(2) The applicant shall state specifically the grounds
on which objection to the award is taken and at the hearing
no other grounds shall be given in argument without the
Ieave of the Court.

Reference 10 Court and Procediue thereon
~ d ~ ~ ~ t o
court.

(3) Every such application shall be m a d e
(U) if the person making it was present or represented

before the Commissioner at the time of the enquiry
under section 11, within six weeks from the date
of the Commissioner’s award;

(b) in other cases, within six weeks of the actual
receipt of the notice from the Commissioner under
subsection (2) of section 12 or within twelve months
from the date of the Commissioner’s award, which-
ever shall first expire.

(4) The periods within which an application for
reference to the Court shall be made shall not be capabk of
enlargement by any Court.

Commis- 1 8 4 1 ) In making the reference the Commissioner shall
sioner’s tatement to state for the information of the Court in writing under his

(U) the situation and extent of the land with parti-
culars of any trees, buildings or standing crops
thereon;

(b) the names of the persons whom he has reason to
think are interested in such land and the addresses
of such persons;

thecourt. hand-

[The inclusion of this page is authorized by LN. 31 f 19771

LAND ACQUlSiTION 15

(c) the amount awarded for damages and paid or
tendered under sections 4 and 15 or either of such
sections and the amount of compensation awarded
under section 11;

(d) if the objection be to the amount of the compensa-
tion, the grounds on which the amount of compen-
sation was determined.

(2) To the statement required under subsection (1)
shall be attached a Schedule containing particulars of the
notices served upon, and of the statements in writing made
or delivered by any persons interested.

19. The Court shall thereupon cause to be served upon- aWia
notice.

(a) the applicant;
(b) all persons interested in the objection, except

such, if any, of them as have consented without
protest to receive payment of the compensation
awarded; and

(c) if the objection is in regard to the area of the
land or to the amount of the compensation, the
Commissioner,

a notice specifying the day on which the Court will proceed
to determine the objection, and directing their appearance
before the Court on such day.

20. If the objection is in regard to the amount of the Appoint-
ment of
Assesl0l-U compensation and the award of the Commissioner is not

less than two thousand dollars, the Court shall appoint two
assessors for the purpose of aiding the Court in determining
the objection. Such assessors may also be appointed in any
other case in which the Court considers it desirable to
make such appointment. Every person so appointed shall
attend and serve as an assessor unless excused by a Judge.

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16 LAND ACQUiSiTiON

Dea!h,ctc., 21. If an assessor dies or becomes incapable of acting or
is excused by a Judge, some other person shall be appointed
in his stead.

22. The scope of the enquiry in every such proceeding
shall be restricted to a consideration of the interests of the
persons affected by the objection.

of Assessor.

Restriction

enqu,ry.
on scepe of

Proceedings 23. Every enquiry by the Court shall take place in open
Court. to be in open cour t

Rulesasto 24.-(1) Where the applicant has made a claim to
comwnsa- amount of compensation pursuant to any notice under section 9, the
lion. amount awarded to him by the Court shall not exceed the

amount so claimed or be less than the amount awarded by
the Commissioner under section 11.

(2) Where the applicant has refused to make such
claim or has omitted, for any reason which the Judge may
consider insufficient, to make such claim, the amount
awarded by the Court may be less than, but shall in no
case exceed, the amount awarded by the Commissioner.

(3) Where the applicant has omitted, for any
reason which the Judge may consider sufficient, to make
such claim the amount awarded to him by the Court may
be less than or may exceed the amount awarded by the
Commissioner.

(4) The provisions of this section and of section 14
shall be read and explained to the assessors (if any) by the
Judge before they give their opinions as to the amount
of compensation to be awarded.

Recordof

opinion.

25. The opinion of each assessor shall be given orany
Aasesor’s and shall be recorded in writing by the Judge.

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LAND ACQUISITION 17

2 6 4 1 ) In case of a difference of opinion between the Differenceof
opinion be- Judge and the assessors or either of them upon a question tween Judge

of law or practice or usage having the force of law the ~ ~ s s o r s ,
opinion of the Judge shall prevail.

(2) In case of a difference of opinion between the
Judge and both of the assessors as to the amount of
compensation or as to the amount of any item thereof the
decision of the Judge shall prevail.

27. Every assessor shall receive such fee not exceeding Assessor's
twenty dollars as the Judge shall direct for each day upon
which he shall sit as an assessor or upon which he shall be
engaged in inspecting the land the subject of the pro-
ceedings. Such fee shall be deemed to be costs in the
proceedings.

signed by the Judge and the assessor or assessors (if any) $tw,
concurring therein and shall specify-

28. Every award made under this Part shall he in writing f wards to

(a) the amount awarded under paragraph (a) of sub-
section (1) of section 14;

(6) the amount (if any) deducted under paragraph (6)
of subsection (1) of section 14;

(c) the amounts (if any) respectively awarded under
paragraphs (c) and (6) of subsection (1) of
section 14; and

(d) the grounds upon which such amounts were
awarded or deducted.

29.-(1) The costs of any proceedings under this Part Cosh.
shall be in the discretion of the Court.

(2) Any costs, payable by an applicant may be
recovered as if they were costs incurred in a suit in the
Supreme Court.

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18

~ m m i s -
sioner may
be dire-
to Pay
interest on
compensa-
tion.

Rules of
Supreme
Court
applicable.

LAND ACQUISlTION

30. If the sum which in the opinion of the Court the
Commissioner ought to have awarded as compensation is
in excess of the sum which the Commissioner did award,
the Court may direct that the Commissioner shall pay
interest on such excess at the rate of five per cenium per
m u m from the date on which he took possession of the
land to the date of the payment of such excess to the
Court or to the person interested.

31. Save in so far as they may be inconsistent with any-
thing contained in this Act, the provisions of the Rules
of the Supreme Court shall apply to aIl proceedings before
the Court under this Act.

Appealfrom
decibion of
court.

32.41) Where the amount of compensation awarded by
the Court exceeds two hundred dollars, the Commissions
or any person interested may appeal therefrom to the Court
of Appeal.

(2) Every appeal under this section shall be
presented within the time and in the manner provided for
appeals by Rules governing civil appeals to the Court of
Appeal from the Supreme Court.

PART IV. Apportionment of Compensation
Determina- 33.-(1) When the amount of the compensation has been
Bpporrion. settled and there is any dispute as to the apportionment
g:zLy- thereof, a Judge in Chambers shall determine the propor-

tions in which any persons interested are entitled to share
in such compensation.

(2) An appeal from any such decision shall lie to
the Court of Appeal.

(3) Every appeal shall be presented witbin the time
and in the manner provided for civil appeals by the Court
of Appeal Rules.

tion d

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LAND ACQUISITION 19

34. The costs of all proceedings for apportioning the ~ o s t s o f a p
portionment amount of compensation shall be borne by such of the to be borne
by persons persons interested in such proportions as the Judge shall InteresIed .

determine.

PART V. Payment
35.41) After an award under section 11 has been made, Payment of

wmpensn- the Commissioner shall offer in writing to pay the com- lion.
pensation awarded by him to the persons interested entitled
thereto according to the award, and shall pay it to such
persons unless prevented by one or more of the contin-
gencies mentioned in subsection (2).

(2) If any of the persons interested do not consent
to receive such compensation, or if there be no person
competent to alienate the land, or if there be any dispute
as to the right to receive the compensation or as to the
apportionment of it, the Commissioner shall apply ex
par& to a Judge in Chambers for an order authorizing him
to deposit the amount of the compensation in Court.

(3) Every application under subsection (2) shall be
supported by an affidavit.

(4) Any person interested upon providing s ~ c i e n t
security to the satisfaction of the Court may receive such
payment under protest as to the sufiiciency of the amount
and such receipt shall not be deemed to prejudice his right
to make application under section 17:

Provided, however, that no person who has received such
payment otherwise than under protest shall be entitled to
make application under section 17.

(5) Notwithstanding anything in this section, the
Commissioner, instead of awarding a money compensation
in respect of any land, may enter into any arrangement

[The inclusion of this page is authorized by L.N. 480/1973]

20 LAND ACQUISITION

with a person having a limited interest therein in such a
way as may be equitable having regard to the interests of
the parties concerned.

Paymentof 36. When the amount of compensation is not paid or
deposited on or before taking possession of the land, the
Commissioner shall pay the amount awarded with interest
thereon at the rate of five per centurn per annum from the
time of taking possession until it has been paid or deposited.

interest.

PART VI. Temporary Occupation of Land
T e m w w

ofimd.
37.-(1) Whenever it appears to the Minister that tempo-

rary occupation and use of any land is needed for any public
purpose he may direct the Commissioner to procure the
occupation and use of the same for such term not exceeding
three years as he thinks fit.

(2) The Commissioner shall thereupon give notice
in writing to the persons interested that the land is
required for a public purpose to be specified in the notice
and he shall for the occupation and use thereof and for the
materials (if any) to be taken therefrom pay to such persons
such compensation either in a lump sum of money or by
monthly or other periodical payments, as shall be agreed
upon.

(3) In case the Commissioner and the persons
interested differ as to the sufficiency of the cornpensatim
or the apportionment thereof the Commissioner shall refer
such difference for the decision of the Court.

occupation

Power to 38.-(1) Upon service of the notice referred to in sub-
+ section (2) of section 37, the Commissioner may enter upon
*lonofland. and take possession of the land and use or authorize its

use for the purpose specified in such notice.
(2) On the expiration of the term the Commissioner

shall make or tender CO the persons interested compensa-

enter and

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LAND ACQUISITION

tion for the damage, if any, done to the land and not
provided for by the agreement and shall restore the land
to the persons interested therein.

(3) If the land has become permanently unfit to be
used for the purpose for which it was used immediately
before the occupation thereof, and if the persons interested
shall so require, the Minister shall proceed under this Act
to acquire the land as if it was needed permanently for a
public purpose.

21

39. Where the Commissioner and the person interested Displteaa
to condition differ- of land.

(a) as to the condition of the land at the expiration
of the term; or

(b) as to the compensation to be paid under subsection
(2) of section 38; or

(c) as to any matter connected with the agreement,
the Commissioner shall refer such difference for the
decision of the Court, and upon such reference or upon a
reference under subsection (3) of section 37 a Judge in
Chambers shall decide the dispute.

PART VII. Miscellaneous

made by delivering or tendering a copy thereof duly signed
to the person to whom such notice is addressed.

(2 ) When such person cannot be found, the service
may be made on any adult member of his family residing
with him; and if no such adult member can be found, the
notice may be served by affixing the copy on the outer door
of the house in which the person therein named ordinarily
dwells or Carries on business, or by afhing a copy thereof
in some conspicuous place in the office of the Commis-
sioner and also on some conspicuous part of the land to be
acquired :

4 .41) Service of any notice under this Act shall be %rviaof

IThc inclusion of this page is authorid by L.N. 4W/l973]

22 LAND ACQUISITION

Provided that, if the Commissioner or the Court SO
directs a notice may be sent by registered letter addressed
to the person named therein at his last known residence or
place of business, and service of it may be proved by the
production of the registration receipt.

41. Every person who wilfully obstructs any person in
the execution of any of the acts authorized by section 3 or
7, or wilfully fills up, destroys, damages or displaces any
trench mark made under section 3 shall be guilty of an
offence against this Act.

42.-(1) If the Commissioner is opposed or impeded in
taking possession of any land under this Act, he shall apply
to the Commissioner of Police who shall enforce the sur-
render of the land to the Commissioner.

(2) The Commissioner of Police may use force as
may be necessary to enforce the surrender to the Commis-
sioner.

obstructing
survey. eh.

Policx to
enforce
surrender.

Government

complete

43.-(1) Except in the case provided for by subsection
(3) of section 38 the Government shall be at liberty to
withdraw from the acquisition of any land of which posses-
sion has not been taken.

not bound to

acquisition.

(2) Whenever the Government withdraws from any
such acquisition, the Commissioner shall determine the
amount of compensation due for the damage, if any, done
to such land and not already paid for under section 4, and
shall pay such amount to the person injured, and shall pay
to the persons interested all such costs as have been reason-
ably incurred by them by reason or in consequence of the
proceedings for acquisition, together with compensation for
the damage, if any, which they have sustained by reason
or in consequence of such proceedings.

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LAND ACQUlSITION

(3) The provisions of section 14 and of Part IIl
shall apply, so far as may be, to the determination of the
compensation payable under this section.

23

44.-(1) The provisions of this Act shall not be put in Ampiaition
of part of force for the purpose of acquiring a part only of any midiag.

building which is reasonably required for the full and
unimpaired use of such building if any person interested
desires that the whole of such building shall be acquired.

(2) The question whether a part of any building is
reasonably required for the full and unimpaired use of the
building shall, if the parties cannot agree, be referred by
the Commissioner to the Court for determination.

(3) If any question arises as to whether any land
proposed to be taken under this Act does or does not form
part of a building which is reasonably required for the full
and unimpaired use of the building withii the meaning
of this section, the Commissioner shall refer the determina-
tion of such question to the Court and shall not take
possession of such land until the question has been
determined.

45. Where the provisions of this Act are put in force paymentor
for the purpose of acquiring land at the cost of any sioncr'a
Parish Council or of the Kingston and St. Andrew Corpora- ?&-by
tion or of the National Water Commission, the charges CQ~@;,~,~
incurred by the Commissioner in such acquisition shall be
defrayed from or by such any Parish Council or the
Kingston and St. Andrew Corporation or the National
Water Commission, as the case may be.

commia-

46. No award of agreement made under this Act shall E m f i o n
from stamp be chargeable with stamp duty, and no person claiming duty,elc.

under any such award or agreement shall be required to
pay any fee for a copy of any such award or agreement.

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24 LAND ACQUlSITION

Barofsuits 47. No suit shall be brought to set aside an award or
Lo set aside apportionment under t h i s Act.

Regulations. 48.-(1) The Minister may make regulations generally for

(2) Regulations made under this Act shall be subject
the better carrying out of the provisions of thii Act.

42/1969 to aemative resolution.
3rd sch.

Penalties. 49. Every person guilty of an offence against this Act
shall be liable upon conviction before a Resident Magistrate
to a fine of one hundred dollars or in default of payment
of such fine to imprisonment for any period not exceeding
six months.

ITbe inclusion ab this page Is authoriurtl by LN. S711986l