Protection From Deprivation Of Property |
Protection From Deprivation Of Property
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The constitution and laws of Belize
17. (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 a law that-
a. prescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and
b. secures to any person claiming an interest in or right over the property a right or access to the courts for the purpose of-
i) establishing his interest or right (if any)
ii) determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance whit the law authorizing the taking of possession or acquisition;
iii) determining the amount of the compensation to which he may be entitled; and
iv) enforcing his right to any such compensation.
(2) Nothing in this section shall invalidate any by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over property-
a. in satisfaction of any tax, rate or due;
b. by way of penalty for breach of the law or forfeiture in consequence of a breach of the law;
c. by way of taking a sample for the purposes of any law;
d. as an incident of any deposit required to be made with the Government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in Belize;
e. where the property consist of an animal, upon its being found trespassing or straying; f. as an incident of a lease, tenency, mortgage, bill of sale or any other right or obligation arising under a contract;
g. by way of requiring persons carrying on business in Belize to deposit money with the Government or an agency or the Government for the purpose of controlling credit or investment in Belize;
h. by way of the vesting and administration of trust property, enemy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bankrupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up;
i) in the execution of judgments or orders of courts;
j) in consequence of any law with respect to the limitation of actions;
k) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;
l) for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or
m) for so long only as may be necessary for the purpose of an examination, investigation, trial or enquiry or, in the case of land, the carrying out on the land-
i) of work of soil conservation or the conservation for other natural resources; or
ii) of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out.
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Constitution of Belize
Chapter I - The State And The Constitution1. The State 2. Constitution Is Supreme Law
Chapter II - Protection Of Fundamental Rights And Freedoms3. Fundamental Rights And Freedoms 4. Protection Of Right To Life 5. Protection Of Right To Personal Liberty 7. Protection From Inhuman Treatment 8. Protection From Slavery And Forced Labor 9. Protection From Arbitrary Search Or Entry 10. Protection Of Freedom Of Movement 11. Protection Of Freedom Of Conscience 12. Protection Of Freedom Of Expression 13. Protection Of Freedom Of Assembly And Association 14. Protection Of Right Of Privacy 15. Protection Of Right To Work 16. Protection From Discrimination On The Grounds Or Race, Etc 17. Protection From Deprivation Of Property 18. Provisions For Periods Of Public Emergency 19. Protection Of Persons Detained Under Emergency Laws 20. Enforcement Of Protective Provisions 21. Protection Of Existing Laws 22. Interpretation And Savings
Chapter III - Citizenship23. Person Who Become Citizens On Independence Day 24. Person Born In Belize On Or After Independence Day 25. Person Born Outside Belize On Or After Independence Day 26. Registration 27. Avoidance Of Dual Nationality 29. Interpretation
Chapter IV - The Governor-general32. Oath To Be Taken By Governor-general 33. Deputy To Governor-general 34. Exercise Of Governor-general's Functions 35. Governor-general To Be Informed Concerning Matters Of Government
Chapter V - The Executive37. Prime Minister 39. Performance Of Functions Of Prime Minister During Absence Or Illness 41. Allocation Of Portfolios To Ministers 42. Attorney General 43. Performance Of Functions Of Minister During Absence Or Illness 44. Cabinet 45. Deputy Minister 46. Oath To Be Taken By Ministers Etc. 50. Control Of Public Prosecutions 51. Constitution Of Offices Etc 53. Procedure In Capital Cases Chapter VI - The Legislature55. Establishment Of Legislature
The House Of Representatives56. Composition Of House Of Representatives 57. Qualifications For Election As Member 58. Disqualifications For Election As Member 59. Tenure Of Office Of Members 60. Speaker And Deputy Speaker
The Senate62. Qualifications For Appointment As Senator 63. Disqualifications For Appointment As Senator 64. Tenure Of Office Of Senator 65. Appointment Of Temporary Senators 66. President And Vice-president 67. Clerks To Houses Of National Assembly
Powers And Procedure69. Alteration Of Constitution 70. Regulation Of Procedure In National Assembly, Etc 71. Oath To Be Taken By Members Of National Assembly 72. Presiding In House Of Representatives And Senate 73. Voting 76. Quorum 77. Introduction Of Bills, Etc 78. Restriction On Powers Of Senate As To Money Bills 79. Restriction On Powers Of Senate As To Bill Other Than Money Bills 80. Provisions Relating To Sections 77, 78 And 79 81. Mode Of Exercise Of Legislative Power 83. Sessions Of Legislature, Etc 84. Prorogation And Dissolution Of Legislature 85. General Elections And Appointment Of Senators 86. Determination Of Questions As To Membership Of National Assembly 87. Unqualified Persons Sitting Or Voting 88. Election And Boundaries Commission 90. Increase Of Electoral Divisions 91. Redivision Of Electoral Divisions Chapter VII - The Judiciary94. Establishment Of Supreme Court And Court Of Appeal 96. Reference Of Constitutional Questions To Supreme Court 97. Appointment Of Justices Of Supreme Court 98. Tenure of office of justices of Supreme Court 99. Oath To Be Taken By Justices Of Supreme Court 100. Appeals To The Court Of Appeal 101. Appointment of justices of appeal 102. Tenure of office of justices of appeal 103. Oath to be taken by justice of appeal 104. Appeals to her majesty in council
Chapter VIII - The Public Service105. Public Services Commission 106. Appointment, Etc. Of Public Officers 107. Appointment, etc. of permanent secretaries and certain other officers 108. Director of public prosecutions 109. Auditor General 110. Appointment, etc, of junior police officers 111. Appeals in discipline cases 112. Pension laws and protection of pension rights 113. Grant and withholding of pensions, etc
Chapter IX - Finance114. Establishment of consolidated revenue fund 115. Authorization of expenditure from consolidated revenue fund 116. Authorization of expenditure in advance of appropriation 117. Contingencies Fund 118. Remuneration of certain officers 119. Public Debt 120. Audit of public accounts, etc
Chapter X - Miscellaneous121. Code of conduct 122. National Symbols 123. Powers of appointment and acting appointments 124. Reappointments and concurrent appointments 125. Removal from office 126. Resignations 127. Saving for jurisdiction of courts 128. Power to amend and revoke instruments, etc 129. Consultation 130. National Seal 131. Interpretation |