Water Supply (Amendment) Law, 1981 (No. 45 of 1981)

257. PEOP.LE'SLAW NO. 45 OF 1981 PROCLAMATION BYTHE 'PEOPLE'S REVOLljTIO:'-JAK '.' GOVER~i\IENT A LAW to amend the Water Supply Act, 1960. l Cazcuet! 11th December. /981 ]. In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PRO­ CLAIM ED as follows: 1.- This Law may be cited as the . WATER SUPPLY (A~,,1ENDMENT)LAW, 1981, Short title. 23 of 196Y 3 of 1975 38 of 1974 and shall be read as one with the Water Supply Act, 1960 as amended, hereinafter referred to as the principal Law. 2.-Sections 22, 23 and 24 of the principal Law are Sections 22. 23 repealed and replaced by the following sections : ~~i~;~~fLaw . . replaced. 22.-(1) The Commission shall keep a Assessment general list showing the annual rental values list and notice of of all tenements assessed by it for general c sscssmcnt. water rate pursuant to this Act. (2) When the annual rates or rents to be r"lid have been fixed by the Commission it shall (a) where the property was pre­ viously assessed and there is no increase in the amount 258 Schedule. Objection to assessment and appeal, payable for general water rate, serve a notice on the owner thereof stating therein the amount payable and demand­ ing payment: (b) when the property was not previously assessed for general water rate or there is an increase in the annual rental of the land, house or build­ ing liable to general water rate, serve a notice of assess­ ment on the owner thereof in the form contained in the Schedule to this Act or in a form substantially to the same effect; (3) Every notice issued under this section shall be served upon the person to whom it is directed by leaving a copy at his last or usual place of abode or '6y sending it by registered post. 23.-(1) Any owner who objects to an assessment made under paragraph (bY of section 22 subsection "(2) shall within four­ teen davs after the service upon him of the notice of assessment give notice in writing to the Commission stating therein his 0 bjec­ tion to the assessment. (2) The Commission shall within seven days of receiving the notice of objec­ tion appoint two appraisers to review the assessment and if the Commission is satisfied that (a)' the assessment is excessive, it shall amend the assessment; or (b) the assessment is not excessive it shall confirm the assess­ ment, and shall inform the owner accordingly. (3) If the owner is not satisfied with the decision of the Commission, he may, within fourteen days of being notified of that decision, give notice of appeal in writing to the Magistrate of the Magisterial District in which the property is situated, setting out the grounds of his appeal and serving a copy on the Commission by delivering it at the office of the Commission or by sending it by registered post. (4) The Magistrate shall within ten days of receiving the notice of appeal inquire into the objection and for that pur­ pose examine on oath the party objecting and his witnesses and the witnesses that the Commission may call and confirm, annul, augment or increase the assessed rental value and the decision of the Magistrate shall be final. The costs of the appeal shan be in the discretion of the Magistrate and an order for payment of the same may be enforced in the same manner as other summary orders for the payment of money. (5) No appeal shall lie against any assessment of the Commission by any nerson who has been previously assessed for the current year. by the authority for the time being having power by law to assess property for the purpose of tax, at the same annual rental or value as that in respect whereof such person so objects as aforesaid 259 260 Magistrate on det;rmination of appeals to send list to Commission. and has not appealed therefrom unless good reason for not having appealed before is 24.-( i) The Magistrate shall upon deter­ mination of all appeals in the manner aforesaid send a list of the assessments as adjudicated to the Commission. (2) The Commission shall amend the general assessment Est accordingly and the assess'; cnt of every property therein set forth shall be held to be its ascertained rental or value for rental for the purpose of payment of water rates or rents during the year. Validaticn of • 24.t\, The charges and assessments made charges and by the Commission for general water rates ~~~eft~~nt:o for the years 1978, 1979 and 1980 shall not 1980. be invalid bv reason onlv of the failure of the Commission to exhibit the assessment list at the place where its meetings were usually held and at the entrance to the Magistrate's Court of the respective districts. Transitional 243. For the avoidance of doubt it is hereby declared that «(n section 22(a) of this Act shall apply to any assessment made in 1978, !979 or 1980 where there was no increase in the amount payable; (hI '~ctiO!1s 22(b), 23 and 24 of this Act shall apply to a new assessment or where there was an increase in the amount navahle for 1978, 197C) or InG.". 261 3.- Tile principal Law is amended by adding after Principal Law section 83 the following Schedule. amended, "SCHEDULE Section 22(2) (b) TAKE NOTICE that your premises No. assessed for the year(s) situated in are at the annual rental of and the Water Rates thereon as stated below for the year(s) are due and payable at the Central Water Commission or at a District Revenue Office during the months of May, June and July next. . Water Rate Amount Central Water Commission If you object to the assessment you may do so in writing to the Central Water Commission within 14 days. '. An appeal lies from the decision of the Central Water Commbsion to the MagistrAte." Dated this 27th day of November, 1981. MAURICE BISHOP Prime Minister. GUNADA. PRINTED BY THE GOVERNMENT PRINTER. AT THE GOVERNMENT PRINTING OFFICE, ST. GEORGE'S, 1981.