(a) the goods are forfeited;
(b) he is convicted of an offence under this Act committed in relation to the goods; or
(c) an order has been made in respect of the goods under section 28 (5).
(2) In any proceedings against the Government in respect of a claim for compensation an any of
the grounds referred to in subsection (1), the amount of the compensation 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 officer and other persons concerned.
(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the
grounds referred 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.
Regulations 33. The Minister may make regulations for carrying out, or giving effect to, the provision of this Act
Repeal 34.The Merchandise Marks Act is repealed.
Passed in Parliament this thirtieth day of July, one thousand, nine hundred and eight –seven.
P.J.S. Mpaso
Clerk of Parliament
13