Cap. 563 Art. 65Proceedings for debts due to the Authority.

(1) All expenses reasonably incurred by the Authority in the exercise of its powers, or any other amount which might be due to the Authority under any provision of this Act or regulations made thereunder or under any other law or agreement signed or otherwise made by it shall be recoverable as a civil debt by the Authority from the present owner of the land, or from any occupier of the land or building, or from any person responsible for the acts mentioned in the notice, including a notice of payment, or an applicant, subject to such right of recovery such person may have against any other person. The Authority shall not be liable for any damages as a result of the exercise of its powers under this article, unless it is proved that such damage resulted from gross negligence on the part of the Authority, its officers and agents. The Authority, in its discretion, can dispose of the objects found on the land or building, without any other formalities whatsoever if the objects remain unclaimed within seven days.

(2) Where the Authority desires to sue for the recovery of a debt due to the Authority under any law or regulation which it is entitled to enforce, the Chief Executive Officer or an officer of the Authority duly authorised by the Chief Executive Officer to act on his behalf, may make a declaration on oath before the Court Registrar or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the debt and the name of the debtor and confirm that it is due. Interest at the rate of eight percent (8%) shall run from the date on which the amount mentioned in the declaration was due.

(3) The declaration referred to in sub-article (2) shall be served upon the debtor by means of a judicial act and it shall have the same effect as a final judgement of the competent court unless the debtor shall, within a period of thirty days from service upon him of the said declaration, oppose the claim by filing an application demanding that the court declares the claim unfounded. The judicial act shall on pain of nullity contain an intimation to the debtor that if he does not reply within thirty days from service upon such judicial act shall constitute an executive title.

(4) The application filed in terms of sub-article (3) shall be served upon the Authority, which shall be entitled to file a reply within a period of twenty days. The court shall appoint the application for hearing on a date after the lapse of that period and in no case later than one month from the filing of the application.

(5) Any debts due to the Authority shall be prescribed by the lapse of the period of ten years from the date on which the debt was due.