Contents of Section

Chapter:

362 PDFTitle:Trade Descriptions OrdinanceGazette Number:E.R. 2 of 2012
Section:35Heading:Compensation for loss of goods seized under section 15(1)(f)Version Date:02/08/2012

(1) Where any goods are seized or detained by an authorized officer under section 15 the Government shall, subject to this section, be liable to compensate the owner of the goods for any loss suffered by him by reason of the seizure or detention thereof or by reason that the goods, during the detention, are lost or damaged or deteriorate; but the owner shall not be entitled to compensation for any such loss if-

    (a) the goods are forfeited;
    (b) he is convicted of an offence under this Ordinance committed in relation to the goods; or
    (c) an order has been made in respect of the goods under section 30(4). (Amended 2 of 1987 s. 7)
(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of-
    (a) the owner of the goods;
    (b) the person in charge or control of the goods at the time they were seized;
    (c) the agents of the person specified in paragraphs (a) and (b); and
    (d) authorized officers, public officers and other persons concerned.
(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the grounds referred to in subsection (1) unless the proceedings are commenced-
    (a) in the case of a claim for compensation in respect of goods released to their owner by order of a court or magistrate or by any person having authority to release the goods to him, not later than 6 months after the release thereof;
    (b) in the case of a claim for compensation on the ground that any goods were lost during the detention thereof, not later than 6 months after-
        (i) the discovery by the owner of the existence of such ground; or
        (ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the existence of such ground,
        whichever is the earlier.
[cf. 1968 c. 29 s. 33 U.K.]