64. Recovery of expenses and costs payable by owners
Feedback & supportLast amended by an amending law of 1981. 2 amendments in all.
All and any sums payable by or recoverable from the owner or owners in respect of expenses and costs incurred by the Government in or about the execution of any work which are, under this Act, recoverable from the owner or owners of any premises shall, subject and without prejudice to any other rights of the Government, be a first charge on the premises in respect of which the expenses or costs were incurred.
owner
“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and shall for the purposes of section 40 include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act;
In addition to any other remedies conferred by this Act, any such sum may be recovered in the manner hereinafter provided, and the person or persons liable to pay it shall be the owner or owners at the time when the work was completed.
Any occupier who when requested by or on behalf of the authority to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully mis-states the name shall, unless he shows cause to the satisfaction of the Court for his refusal or mis-statement, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.
occupier
“occupier” means the person in occupation of the premises in respect of which the word is used or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;
If any such sum remains unpaid at the expiration of the prescribed time, a notice shall be served upon the person or any one of the persons, if more than one, liable to pay it, calling on him to pay that sum together with a fee of such amount as may be prescribed for the cost of the notice, within 15 days of the service of such notice.
If no person liable to pay the sum can be found, such notice shall be deemed to have been duly served by the posting thereof at the office of the authority and by fixing a copy thereof on some conspicuous part of the premises in respect of which the expenses or costs were incurred.
At the expiration of the said period of 15 days or such further period as may be allowed by the authority, if any such sum or any part thereof remains due and unpaid, it shall be deemed to be arrears and may be recovered as hereinafter provided.
The charge hereinbefore mentioned shall attach, and the powers and remedies hereinbefore conferred shall become exercisable as from the date of completion of the work, and thereafter those powers and remedies may be exercised against the premises or against any movable property or crops for the time being found thereon, notwithstanding any change or changes in the ownership or occupation of the premises subsequent to that date.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
The authority may charge interest at a rate not exceeding 11%* per annum on any sum remaining unpaid at the expiry of the prescribed time.* 9% per annum w.e.f. 1st February 1986 — See G.N. No. S 14/86.[102