Cap. 261 Art. 29Proceedings 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 premises, or from any person responsible for the acts mentioned in the notice, including a notice of payment, or an applicant, subject to such and agents. The Authority, in its discretion, may dispose of the objects found on the land or premises, without any other formalities whatsoever if the objects remain unclaimed within seven (7) days.

(2) Where the Authority desires to sue for the recovery of a debt due to it under any law which it is entitled to enforce, the Chief Executive Officer or an officer of the Authority duly authorised by him 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 details of the debtor and confirms that it is due. Interest at the rate of eight per cent (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 res judicata of the competent court unless the debtor, within a period of thirty (30) days from service upon him of the said declaration, opposes the claim by filing an application requesting that the Administrative Review Tribunal declares the claim unfounded. The said judicial act shall on pain of nullity contain an intimation to the debtor that if he does not reply within thirty (30) days from service upon him, the said judicial act shall have the same effect as a res judicata of a competent court. Furthermore, the intimation shall also inform the debtor that he may file an application in the time limit provided to him, which application may be signed and filed in the Administrative Review Tribunal by the debtor himself without the signature of an advocate or of a legal procurator being required. The said 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 (20) days. The Administrative Review Tribunal shall appoint the application for hearing on a date after the lapse of that period and in any case not later than one (1) month from the filing of the application.

(5) Without prejudice to any other remedy provided by the Act or under any other law, the Chairman or any other official authorised by him to represent the Authority and act on his behalf, may register the debts due to the Authority as hypothecs, privileges or may register any other guarantee according to law with the Land Registry, the Public Registry or with any other entity tasked with such registrations.