Cap. 168 ст. 192Additional duties of Registrar.

(1) In addition to the other duties prescribed by this

Ordinance, it shall be the duty of the Registrar -

(a) to ensure compliance with any provision of this

Ordinance requiring an act to be done or to be omitted to be done under a penalty;

(b) to institute proceedings for the recovery of any penalty under this Ordinance in the Civil Court, First Hall;

(c) to retain and register any document which is required to be delivered or given to or served on him for registration under any of the provisions of this Ordinance;

(d) where under any of the provisions of this Ordinance -

(i) any document is required to be delivered or given to or served on him for publication; or

(ii) any certificate is issued by him on the registration or change of name or conversion or amalgamation of a partnership, or the name of a partnership is struck off the register, to cause without delay a statement to be published in the Government Gazette showing the date at which the registration, delivery or service was made, or at which the name of the partnership was struck off the register, and the general nature of the document or certificate, and giving such particulars as are that such person has become liable to a penalty under this Ordinance specifying the nature of the infringement and indicating an amount as due by way of penalty in respect of such infringement, the person to whom the notice is given shall without prejudice to the provisions of the following sub-articles, be deemed to have incurred a penalty under this Ordinance and the amount indicated as aforesaid as due by way of penalty shall be deemed to be the penalty due under this Ordinance in respect of the infringement specified in the notice.

(3) A notice as is referred to in sub-article (2) shall upon the service of a copy thereof by means of a judicial act on the person indicated in the notice constitute an executive title for effects and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure unless such person shall within thirty days from the date of such service institute proceedings before the Civil Court, First Hall, objecting to the penalty so fixed.

(4) Where any person desires to institute proceedings objecting to a penalty referred to in sub-article (2), such proceedings shall be instituted by application against the Registrar.

(5) The application shall, under pain of nullity, state clearly and concisely the nature of the complaint, the facts out of which the complaint arises, the reasons why such complaint should be upheld and the claim that the penalty is not due at law or is due at law only in a smaller amount.

(6) The court shall not annul or reduce a penalty as aforesaid unless such penalty cannot at law be imposed in the circumstances of the case, or cannot at law be fixed in the amount fixed by the Registrar.

(7) The applicant shall attach to the application all such documents in support of his claim as it may be in his power to produce, and shall indicate in his application the names of all the witnesses he intends to produce stating, in respect of each, the proof of which he intends to make.

(8) The court shall, without delay, set down the application for hearing at an early date, which date shall in no case be later than thirty days from the date of the filing of the application.

(9) The application, and the notice of the date fixed for hearing shall be served on the Registrar without delay, and the said Registrar shall file his reply thereto within fifteen days after the date of the service of the application.

(10) The Registrar shall, in his reply, state clearly and concisely whether he agrees to the facts set out in the application, and the reasons why he objects to the claim; he shall moreover state in his reply the names of the witnesses in support of his reasons and shall attach thereto all the documents in support thereof.

(11) On the day fixed for the hearing of the application, the the oral pleading of either of the parties.

(12) The court shall hear the application to a conclusion within five working days from the date fixed for the original hearing of the application, and no adjournment shall be granted except either with the consent of both parties, or for an exceptional reason to be recorded by the court, and such adjourned date shall not be later than that justified by any such reason.

(13) Saving the preceding provisions of this article, the provisions of the Code of Organization and Civil Procedure relating to proceedings before the First Hall of the Civil Court shall apply in relation to any such application.

(14) Notwithstanding the provisions of article 256(2) of the Code of Organization and Civil Procedure, the executive title referred to in sub-article (3) shall not be enforceable before the lapse of thirty days from the service of the judicial act therein referred to.

(15) The decision of the court upon an application referred to in sub-article (4), confirming the imposition of a penalty fixed by the Registrar or reducing any such penalty, shall upon becoming res judicata be deemed to be a judgment of the court ordering the payment by the applicant of the penalty as confirmed or reduced.

(16) An appeal from a decision of the Civil Court, First Hall, upon an application referred to in sub-article (4), shall be made by means of an application to be filed within six working days of the date of the decision; the person against whom the appeal is entered shall within six working days from the service upon him of the application file a reply to the appeal.