Cap. 268 Art. 3Government land tobedisposedofin terms of thisAct.

(1) No land which belongs to or is administered by the

Government shall be disposed of unless such disposal is made in accordance with one of the following provisions, that is to say -

(a) after a call for tenders published in the Gazette in respect of the property proposed to be disposed of; or

(b) after an announcement of an auction as published in the Gazette in respect of the property to be disposed of: Provided that no land may be so disposed of unless it forms part of a Building Development Zone according to any law for the time being in force: Provided further that the Minister responsible for land may by regulations establish the manner and procedure for the holding of any such auction;

(c) according to the policy applicable to the land being transferred, as shown in the Schedule, which Schedule can only be changed by virtue of a Resolution of the House of Representatives;

(d) in accordance with a special resolution of the House of Representatives which is in force at the time of the disposal; or

(e) to a body corporate established by law for the purposes of any function of such body: Provided that any land disposed of to a body corporate, other than the Housing Authority or a local council established under the Local Councils Act, under this paragraph (including a disposal made to it by another body corporate as authorised by this proviso) shall not without the approval of the House of Representatives expressed in a resolution, or in accordance with this sub-article, be disposed of by any body corporate, other than the Housing Authority or a local council as aforesaid, except in favour of the Government or of another body corporate established by law; or

(f) where a change of any condition included in the disposal of any land consists of a modification to the conditions of a lease or to the conditions of a contract of emphyteusis or sub-emphyteusis which is made for a public purpose as defined in the Land Acquisition (Public Purposes) Ordinance, which change shall not affect property exceeding a footprint of one hundred satisfied:

(i) that the Minister shall within four weeks from the conclusion of a conditional agreement to make the modification or if the House of Representatives is not in session at the end of the said period within four weeks from the date when the House next meets, lay a copy of the contract of lease or emphyteusis or sub-emphyteusis indicating the modifications proposed on the table of the House; and

(ii) the modification aforesaid shall only be valid and come into effect if, after the procedure stipulated in sub-paragraph (i) has been completed, the House does not within a period of twenty-eight days after the completion of the said procedure resolve that the modification shall be rejected or amended, and immediately upon the expiry of the said period of twenty-eight days the modification shall, unless it is rejected as aforesaid, come into effect as originally proposed or as amended by means of the said resolution; or

(g) in accordance with any other law for the time being in force.

(2) A Resolution of the House of Representatives approved in terms of subarticle (1)(d) and (e) will remain valid for one year from the date of approval, but such Resolution can be extended by virtue of another Resolution or other Resolutions proposed after another period of one year.

(3) A disposal of land to which subarticle (1) applies, made in accordance with the provisions of this article, shall not require any further authority or sanction.

(4) Before notice of a motion proposing a resolution, as is referred to in subarticle (1)(d), is given to the Clerk of the House by a Minister, such Minister shall cause such motion to be referred to the National Audit Office Accounts Committee established under Part IV of the Second Schedule to the Auditor General and National Audit Office Act, and no notice of a motion as aforesaid may be given before the said committee shall have discnssed the motion and reported thereon to the House.

(5) Not later than fifteen days after a Minister shall have caused a notice as is referred to in subarticle (4) to be referred to it, the National Audit Office Accounts Committee shall meet to discuss the draft deed or writing or notice, as the case may be, and shall not later than one month after the said draft deed or writing or notice, as the case may be, has been referred to it, report thereon to the House:

(6) When the Committee referred to in the preceding subarticle is convened for the purposes of this Act, two additional members of the House of Representatives, one appointed by the Prime Minister, the other by the Leader of the Opposition, shall have the right to attend, and take part in the debate in this Committee, without the right to vote.

(7) Where the report of the National Audit Office Accounts Committee on a motion is unanimous, the House shall proceed to vote on such motion and on any amendments proposed in the said report without debate.