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(Vol. VII. P. 44).
Recovery of cost of works by Director
of Public Works.
(8) Within three days of the receipt of a certificate of the Director of Public Works given under sub-paragraph (ii) of paragraph (c) of subsection (a), the owner of the building to which it relates shall serve notice of the expiry of the closure order upon every occupier who has given notice under paragraph (a) of sub- section (7), and has not revoked the same, and such notice of expiry shall be served by sending it by registered post to such occupier at the address specified in the notice given by him under subsection (7)-
(9) Any occupier who has given notice under subsection (7) and has not revoked the same, may, within fourteen days of the date of service of the notice of expiry, re-enter and re-occupy the premises previously occupied by him to the extent that the same are still in existence, upon such terms and conditions relating to the premises as were in force at the date of the closure order in so far as the same are still applicable, and, in the event of the value of the premises to the occupier having been diminished as a result of the carrying out of any such building works as are referred to in subsection (1), at such reduced rent as is reasonable having regard to all the circumstances, and in default of agree- ment between the parties as to the amount of such reduced rent, the amount shall be determined by arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.
(10) Where an occupier who has given notice under sub- section (7) and has not revoked the same fails to exercise his right to re-enter within the period allowed by subsection (9), he shall have no further rights of occupation, and the person who would have been entitled to receive the rent from such occupier shall be entitled to recover from him a sum equal to one month's rent by action brought in the District Court.
15. (1) Where the Director of Public Works carries out any building works pursuant to the authority in that behalf conferred by paragraph (a) of section 12, he may recover the cost thereof from the owner of the building on which such building works are carried out, and may certify under his hand the amount due and the names of the persons liable therefor, and may by such certificate apportion such cost among such persons.
(2) Such cost may include supervision charges.
(3) A copy of the Director of Public Works' certificate shall be served upon cach person affected thereby.
(4) Interest at the rate of ten per cent per annum from the expiry of one month from the date of such service shall be recoverable as part of such cost.
(5) The payment of such cost by any person shall be without prejudice to his right to recover the same from any other person.
(6) Without prejudice to any other remedy of the Director of Public Works for the recovery of such cost, he may recover the same by action in the District Court where the amount claimed does not exceed five thousand dollars, and in the Supreme Court where the amount claimed exceeds that sum, and in any such action he shall sue as Director of Public Works.
(7) The writ of summons in connexion with such action shall be taken to have been duly served if it appears, to the satisfaction of the court, that the writ was left at the defendant's residence or place of business, or in case the same is unknown, that it was left at the building in respect of which the claim is made.
(8) A certificate under subsection (1) purporting to be under the hand of the Director of Public Works shall be prima facie evidence of the facts certified therein and of the signature of the Director of Public Works thereto.
(9) Before the Director of Public Works commences to carry out any such building works as are referred to in subsection (1), he may register in the Land Office against the land on which the works are to be carried out a notice of his intention to carry out such works, and if such a notice is registered the cost of the works and any interest thereon shall be and remain a first charge upon the said land until paid.
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18. Where any person is required to carry out building Payment works in order to comply with the provisions of this Ordinance, by Govern- the Director of Public Works may, on application being made to cost of him in writing by such person, enter into an agreement with that works. person for payment by the Government of the cost of the works: Provided that this section shall not apply in the case of any building erected in contravention of section 4.
17. (1) No liability shall rest upon the Government or upon Limitation any public officer by reason of the fact that any building works of public
liability. are carried out in accordance with the provisions of this Ordinance.
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