Protection from deprivation of property

Protection from deprivation of property

The constitution and laws of Barbados

Protection from deprivation of property

16. 1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law -

a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and

b. giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the High Court.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section -

a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -

i. in satisfaction of any tax, duty, rate, cess or other impost;

ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;

iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;

iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

v. in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;

vi. in consequence of any law with respect to the limitation of actions; or

vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or

b. to the exent that the law in question makes provision for the taking of possession or acquisition of -

i. enemy property;

ii. property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

iii. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by parliament or by any Legislature established for the former Colony of Barbados.

Constitution of Barbados

1. Constitution is supreme law

2. Persons who become citizens on 30th November 1966

3. Persons entitled to be registered as citizens

4. Persons born in Barbados after 29th November 1966

5. Persons born outside Barbados after 29th November 1966

6. Marriage to citizen of Barbados

7. Renunciation of citizenship

8. Commonwealth citizens

9. Powers of Parliament

10. Interpretation

11. Fundamental rights and freedoms of the individual

12. Protection of right to life

13. Protection of right to personal liberty

14. Protection from slavery and forced labour

15. Protection from inhuman treatment

16. Protection from deprivation of property

17. Protection against arbitrary search or entry

18. Provisions to secure protection of law

19. Protection of freedom of conscience

20. Protection of freedom of expression

21. Protection of freedom of assembly and association

22. Protection of freedom of movement

23. Protection from discrimination on grounds of race, etc

24. Enforcement of protective provisions

25. Time of emergency

26. Saving of existing law

27. Interpretation

28. Establishment of office of Governor General

29. Acting Governor General

30. Deputy to governor General

31. Personal staff of governor General

32. Exercise of Governor General's functions

33. Public Seal

34. Oaths to be taken by Governor General

35. Establishment of Parliament

36. Senate

37. Qualifications for membership of Senate

38. Disqualifications for membership of Senate

39. Tenure of seats of Senators

40. President and Deputy President of Senate

41. House of Assembly

42. Electoral law

43. Qualifications for membership of Assembly

44. Disqualifications for membership of Assembly

45. Tenure of seats of members of Assembly

46. Determination of questions of membership of Senate and Assembly

47. Filling of casual vacancies in Senate and Assembly

48. Power to make laws

49. Alteration of this Constitution

50. Regulation of procedure in Parliament

51. Presiding in Senate

52. Quorum of Senate

53. Voting in Senate

54. Introduction of Bills, etc

55. Restriction on powers of Senate as to Money Bills

56. Restriction on powers of Senate as to Bills other than Money Bills

57. Provisions relating to sections 54, 55 and 56

58. Asset to Bills

59. Oath of allegiance

60. Sessions of Parliament

61. Prorogation and dissolution of Parliament

62. General election and appointment of Senators

63. Executive authority of Barbados

64. Cabinet

65. Appointment of Ministers

66. Tenure of office of Ministers

67. Performance of Prime Minister's functions in certain events

68. Temporary Ministers

69. Oaths to be taken by Ministers

70. Presiding in Cabinet

71. Governor General to be informed concerning matters of government

72. Assignment of responsibilities to Ministers

73. Parliamentary Secretaries

74. Leader of the Opposition

75. Certain vacancies in office of Leader of Opposition

76. Privy Council

77. Proceedings of Privy Council

78. Prerogative of mercy

79. Establishment of office and functions for Director of Public

80. Establishment of Supreme Court

81. Appointment of Judges

82. Acting Judges

83. Oaths to be taken by Judges

84. Tenure of office of Judges

85. Constitution of Court of Appeal

86. Other arrangements for appeals

87. Appeals relating to fundamental rights and freedoms

88. Appeals to Her Majesty in Council in other cases

89. Establishment and composition of Judicial and Legal Service Commission

90. Establishment and composition of Public Service Commission

91. Establishment and composition of Police Commission

92. Procedure of Commissions

93. Appointment, etc., of judicial and legal officers

94. Appointment, etc., of public officers

95. Delegation of powers under section 94

96. Appointment, etc., of members of the Police Force

97. Delegation of powers under section 96

98. Appeals to Privy Council in disciplinary matters

99. Appointment of permanent secretaries and certain other public officers

100. Appointment, etc., of principal representatives abroad and subordinate staff

101. Appointment, etc., of Director of Public Prosecutions

102. Appointment, etc., of Auditor General

103. Protection of pension rights

104. Grant and withholding of pensions, etc

105. Removal form office of certain persons

106. Protection of Commissions, etc., from legal proceedings

107. Consolidated Fund

108. Estimates

109. Authorization of expenditure

110. Meeting expenditure from Consolidated Fund

111. Public debt

112. Remuneration of governor General and certain other officers

113. Establishment of office and functions of Auditor General

114. Appointments

115. Resignations

116. Vacation of office on attaining a prescribed age

117. Interpretation

First Schedule

Oaths


Second Schedule

Provisions Relating To Certain Tribunals


Third Schedule

Rules Relating To The Constituencies

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