PROCEEDINGS IN THE LAND ARBITRATION BOARD _g S.L.88.01 1
SUBSIDIARY LEGISLATION 88.01
PROCEEDINGS IN THE LAND ARBITRATION 
BOARD RULES 
12th December, 1935
GOVERNMENT NOTICE 495 of 1935, as amended by Legal Notices 161
of 1975 and 140 and 199 of 2000.
Title.
Added by:
L.N. 161 of 1975.
1. The title of these Rules is  Proceedings in the  Land
Arbitration Board Rules.
Sittings of the 
Board.
2. (1) The sittings of the Board shall be held at such time and
place as the  Chairman  may direct.
Cap. 12.
(2) Notice of the time and place fixed for the hearing shall be
served on the parties to the proceedings by the Registrar in
accordance with Form No.12 annexed to the Code of Organization
and Civil Procedure.
Causes of 
abstention.
Cap. 88.
Cap. 12.
3. For the purposes of article 23 (2)  of the Land Acquisition
(Public Procedures) Ordinance, hereinafter referred to as "the
Ordinance", the  Chairman  shall at the opening of the proceedings,
ask each of the other members of the Board whether there exists in
respect of him any of the causes of abstention specified in article
734 of the Code of Organization and Civil Procedure.
Acts to be filed in 
Registry of the 
Superior Courts.
4. All acts in connection with any proceedings before the
Board shall be filed in the Registry of the Superior Courts and shall
bear as a heading an indication of the Land Arbitration Board and
shall be inserted in the record of the proceedings to which they
refer:
Provided that schedules of deposit whereby any sum of
money is deposited in court in connection with any proceedings or
in execution of any decision of the Board shall be filed and bound
separately, but a note of such deposit shall be made in the record of
proceedings.
Style of act.
information as to  the  land" to the "notice to treat" and any act filed
in reply to any application shall be styled " ir-risposta ".
Copy of act and of 
exhibit to be served 
on the other party 
or parties.
Substituted by:
L.N. 161 of 1975.
6.  A copy of every act and of every exhibit filed by any one
party in connection with any proceedings before the Board shall be
served on the other party or parties to the proceedings unless such
service is dispensed with by such other party or parties by means of
a declaration to this effect made on the act and/or exhibit by the
party to be served therewith.
Composition of the 
Board.
7. As soon as practicable after any application commencing
proceedings before the Board is filed, the  Chairman  shall, prior to
any further proceedings, give such orders or directions as may be
necessary to complete the composition of the Board.
2 _g S.L.88.01 PROCEEDINGS IN THE LAND ARBITRATION BOARD
Appointment by 
Chairman.
Cap. 12.
8. The appointment by the  Chairman  of a member of the
Board to represent the owner or owners in the circumstances
referred to in article 23 (1)  of the Ordinance, shall not be deemed to
be an appointment of a referee for the purposes of the Code of
Organization and Civil Procedure.
Plan to be filed in 
duplicate.
9. The plan referred to in article 29 (3)  of the Ordinance shall
be filed in duplicate. 
Deposit of money 
to cover fees 
payable.
Amended by:
L.N. 140 of 2000.
Cap. 12.
10. Where the Board orders the owner or owners to pay the
costs of the competent authority, such costs shall be deducted from
the compensation payable, if any, or shall be recoverable from the
owner or owners by  the  executive procedure in the manner laid
down in the Code of Organization and Civil Procedure.
Registry and other 
fees.
Substituted by:
L.N. 140 of 2000.
Cap. 12.
11. (1) The registry fees established in the Tariff annexed to
these rules shall be paid together with the filing of the relative act
of procedure.
(2) Fees due to the advocate and legal procurator shall be taxed
in accordance with the Tariff of Fees annexed to the Code of
Organization and Civil Procedure.
Filing and service 
of acts.
Cap. 12.
12. In addition to  the provisions of the Ordinance and of these
Rules, the provisions of the Code of Organization and Civil
Procedure shall apply to the filing and service of acts, to the
hearing of applications and to all other proceedings, both written
and oral, before the Board.
Added by:
L.N. 140 of 2000.
Amended by:
L.N. 199 of 2000.
TARIFF
Registry fees payable in the Land Arbitration Board
1 For the filing of any claim .......................................... Lm 15
2 For the filing of any reply ........................................... Lm 10
3 For the filing of any application of appeal .................. Lm 30
4 For the filing of an answer to an application of appeal  Lm 20
5 The fees established in paragraphs 1 to 4 of this Tariff
shall include the filing of all other acts of procedure
and services (including but not limited to the filing of
warrants for the examination of witnesses, the
examination itself, recording fees, transcriptions and
copies, the services of judicial assistants, decrees and
declarations prior to definitive judgement, taxed bill
of costs and copies of the judgement) required
following the initiation of the cause through the said
act up to and including final judgement but excluding
any fees due for notification of the acts of procedure
or any fees due to referees or experts appointed by the
Board or any fees which the Board may be required to
pay to third parties.
6 (1) No fee shall be levied for the filing of any note
of admission of a claim provided that the claim is
admitted in full and unconditionally before any
contestation thereon.
PROCEEDINGS IN THE LAND ARBITRATION BOARD _g S.L.88.01 3
(2) Any counter-claim contained in any act of
procedure shall be treated as if it is a new claim and
the fees set out in paragraphs 1 to 4 shall be levied on
the counter claim and the reply thereto.
(3) The fees stated in paragraphs 1 to 4 shall also be
due on the filing of any application to the Board to be
permitted to file any statement of defence, answer or
other act of procedure filed in reply to a claim and
intended to contest, whether totally or partially, a
claim made.
7 (1) For every notification of an act of procedure,
including expenses incurred in the execution of such
notification, the following fees shall be due:
(i) registry fee ............................................. Lm 2.50
(ii) fee due to the executive officer effecting
the service .............................................. Lm 0.50
Provided that if service is to be effected outside
normal working hours, the fees contained in this
paragraph shall be increased by 100%.
(2) Notwithstanding anything contained in this
Tariff if the service of any act is to be executed
personally by an executive officer of the Board, in
cases where the law permits that service be effected
otherwise, the following additional fees shall be due,
for each notification:
(i) registry fee .............................................. Lm 20
(ii) fee due to the executive officer effecting
the service ............................................. Lm 3
(3) The fees established in sub-paragraph (2) shall
not apply when service is to be effected personally by
an executive officer of the Board in terms of any law,
and in such cases the fees established in sub-
paragraph (1) of this paragraph shall apply.
8 For any other act of procedure indicated in the Land
Acquisition (Public Purposes) Ordinance but for
which no fee is established in this Tariff .................... Lm 5
Provided that fees for services not specifically
provided for in this Tariff but provided for in other
Tariffs contained in the Code of Organization and
Civil Procedure shall be taxed according to those
Tariffs.
9 For the opening of the registry outside working
hours:
(i) registry fee .............................................. Lm 50
(ii) fee due to attending deputy registrar ....... Lm 20
(iii) fee due to each executive officer
required to effect service ........................ Lm 15
4 _g S.L.88.01 PROCEEDINGS IN THE LAND ARBITRATION BOARD
10 (1) The Board may, when delivering judgement,
order that the plaintiff or defendant in a cause pay
increased costs to the Registrar of Courts of not less
than Lm 100 and not more than Lm 250 if the Board
deems that the act of procedure initiating the claim or
the act of procedure in reply was frivolous or
vexatious or that either of the parties has
unnecessarily prolonged the proceedings and in such
case such sum will not be recoverable from the other
party.
No appeal shall lie from the decision of the Board. 
(2) The Board may, when delivering judgement,
also refer to the Commission for the Administration
of Justice the advocate of the plaintiff or of the
defendant if the Board deems that the advocate is
responsible, wholly or partly, for the frivolous or
vexatious act of procedure or for prolonging the
proceedings.
No appeal shall lie from the decision of the Board.
11 (1) All fees due shall be paid together with the filing
of the relative act and the Registrar shall not accept
for filing any act of procedure, which is not
accompanied by the relative fee.
(2) The assessment of the Registrar on the amount
of fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
12 (1) The Registrar shall cause a taxed bill of costs to
be kept in the file of each cause and shall
immediately enter therein all payments made to him
and all payments due to the advocates and legal
procurators of the parties and the parties and their
advocates and legal procurators shall have the right to
a copy thereof at any time.
(2) Within one month of the delivery of the
definitive judgement, the Registrar shall cause a final
taxed bill of costs to be drawn up.
