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A Moment With The Registrar of Lands - Part 1: 2019

A Moment With The Registrar of Lands – Part 1: 2019

A moment with the Registrar of Lands

ENCUMBRANCES ON LAND

Restrictive covenants, charges, restrictions… these are all examples of encumbrances that may be registered on one’s land.

An encumbrance is defined as “a right to, or interest in, or legal liability on property that may diminish its [use or] value.”   To be effective and have legal standing, encumbrances must be registered in the Land Registry, recorded in the Land Register page of the particular parcel, so that anyone who considers it prudent to check the Land Register for information on that parcel, would be aware of the encumbrance.   The Land Register is available to the public for searches, so any  person can inquire about any land parcel in Montserrat, particularly before purchasing or otherwise investing in the land.   

Some encumbrances may arise through a contractual arrangement with the land owner, such as restrictive covenants, charges and leases.   

A restrictive covenant is agreed to by the owner at the time of purchase, that he will use the property in the agreed manner only, and that he will refrain from certain actions that may devalue the property, or run contrary to the intended use of the land development.  Common restrictive covenants are for example, that the land will not be used to raise livestock, or that the land will be used for a single-family residence only, not for multiple buildings or a commercial purpose.  A Land Registry search will reveal whether a particular parcel is subject to restrictive covenants. A copy of the specific covenants may be provided as well.

A charge is an interest recorded on land, to signify the existence of a debt on terms which include the use of the land as security for the debt, and a power of the lender to sell the land in the event of default. The owner of the land would have agreed to these terms with the lender that in exchange for the loan.  Banks and credit unions, as the primary financial institutions, account for the majority of charge holders recorded in the Land Registry.   Any person desirous of inquiring whether a land parcel is encumbered with a charge, should request a search of the property at the Land Registry.

The landlord/owner who effects a long-term lease is obliged to register the existence of the lease in the Land Register.  By registration, the Land Register page for the parcel would show the existence and duration of the leasehold interest in the property.  Therefore the property would be subject to, or encumbered with the interests of the lease, as the public record would show that the tenant has a leasehold interest in the property, and that the land lord is entitled to collect rent from the tenant.  If, for example, a landlord entered into a 15- year lease ten years ago, any prospective purchaser or investor in the property would see from the Land Register that there is a 5-year leasehold interest remaining on the property. 

Some encumbrances arise by operation of law, or as a result of competing claims.  These include restrictions and cautions.  For example, the Registrar of Lands may register a restriction on a property to prevent fraud or improper dealing or for any other sufficient reason.  The effect of the restriction is to prevent any dealings with the land until the issue to be resolved is heard and resolved by the Court or the Registrar of Lands.  Affected persons would be notified and given an opportunity to be heard.

A caution is another encumbrance that may be registered on land, to prevent any dealings with the land while the interests of the cautioner subsist.  Like the Charge, the cautioner may be a bank that has loaned money in exchange for an interest in the land.  But a cautioner may also be a person who has an interest in the land that is currently not reflected in the Land Register.  Such a person may be a person who claims part ownership, or who contends that the registered proprietor’s claim is erroneous or fraudulent.  All parties must be given an opportunity to be heard before the caution may be removed and unless there is mutual agreement, caution claims may eventually be ventilated in a formal hearing before the Registrar of Lands or a High Court judge in order for the issues to be resolved.

It is important to landowners to be aware of how encumbrances may affect their property rights, and how encumbrances may be used to protect property rights and property values.  The importance of conducting searches of property before any land purchase or investment, and of seeking legal advice cannot be over emphasized.

For further information please contact the Land and Surveys Department at surveys@gov.ms.

Part 1 2018

A moment with the Registrar of Lands

Applying for a replacement Land Certificate.

Every owner of land in Montserrat is entitled to have a land certificate issued as proof of land ownership.  Landowners must be responsible for keeping their certificate in a secure, safe location, just as they would any other important documents, such as passports and birth certificates.  However, there are times when land certificates get lost or misplaced.  This short article sets out the procedure to replace a lost land certificate.

A land certificate may get lost for several reasons.  The most common reason is that the Land Certificate got lost or misplaced after someone moved or relocated or following the death of a family member.  Land certificates may get lost or destroyed as a result of a fire, flood, hurricane or as a result of criminal activity such as arson or burglary.  There are other instances when the certificate gets lost or misplaced after it is entrusted to a third person, such as a family member, or a lawyer, surveyor, realtor, or banker.

Procedure

Sworn Statement

  • The owner of the land must make a sworn statement or affidavit including facts that would satisfy the Registrar that the certificate has been lost or destroyed.  The statement must detail events leading up to the loss, including where the certificate was last located, and the last time the whereabouts of the certificate were known.  If the certificate was entrusted to a bank, a lawyer, surveyor or family member, then that person would also have to make a statement, to confirm that the land certificate was last in his possession. 
  • Supporting documents must be attached to substantiate the facts stated, such as a police report of a burglary or fire.  In any event, the Registrar of Lands may request any supporting document to satisfy that the Land Certificate is lost or destroyed.

 Publication

After the application has been accepted by the Land Registry, with the statements and supporting documents, the Land Registry must publish a notice to the public that the certificate is lost.  Newspaper publication has been the most effective publication method for lost certificate application.  The most effective publication method for lost certificate application has been publishing in the newspaper.

Publication is a very important step because it:

  • Affords an opportunity to any person who may have information about the certificate to come forward;
  • Is easily documented as proof of publication, which the Registrar requires to cancel the old certificate and issue a new one;
  • Provides an opportunity to prevent loss by a potential equitable chargee, or a person who may have been entrusted with the certificate by the owner in exchange for a loan, or services and who would lose his security if a new certificate is issued without his knowledge.

Undertaking

Because only one certificate should exist for each parcel of land at any time, the applicant must agree or give an undertaking in his statement that if the lost certificate is ever found, it would be handed into the Land Registry.   This is a very important undertaking because the existence of two certificates for the same land parcel would be highly suspicious, and as it would appear that a falsehood or fraud took place to induce the Registrar of Lands to produce a land certificate when a land certificate was already in existence.

Conclusion

Applications for replacement of lost land certificates are not usually complicated.  Once a comprehensive statutory statement is made, most applications are granted within a short time.  Persons may wish to contact their lawyers for assistance in these applications. 

For any questions concerning these or other applications concerning land, contact the Land Registry at (664) 491-3669/3620 or by email at surveys@ gov.ms.

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Premier Romeo’s Statement at the memorial service for The Right Hon Professor Dr. George Irish (Harlem, New York, March 1, 2019)

Premier Romeo’s Statement at the memorial service for The Right Hon Professor Dr. George Irish (Harlem, New York, March 1, 2019)

Premier Donaldson Romeo

First and foremost, on behalf of the Government and the People of Montserrat wherever they may be, I would like to express profound condolences with wishes of peace and consolation to the wife, children, close relatives, and friends of The Right Hon Professor Dr. George Irish – son and hero of our native land.

Lives of great men all remind us We can make our lives sublime, And, departing, leave behind us Footprints on the sands of time.

Footprints, that perhaps another, Sailing o’er life’s solemn main, A forlorn and shipwrecked brother, Seeing, shall take heart again.  

I consider it a great privilege to be allowed to stand before you today to honour a great Montserratian whose life has left so many memories, indelible footprints, in all of our hearts.

He has left enduring footprints in our civic life and education, through trade union activity, the Credit Union, political activism and speeches, through lectures, sermons, classes and informal chats.

He has left his mark on Montserratian culture. Memories of the University Centre packed with people: Arrow on stage performing in his platform shoes, Gus white singing his heart out, Joe West playing the role of Willie Bramble, the newly formed Community Singers bringing National pride tears to our eyes with “Oh Montserrat in the Carib Sea”.

He impacted my own home, particularly through my mother, a firm fan of his. In the Black Power days of the late Sixties and early Seventies, we all wore afros, and our mother sewed up a storm of dashikis for the whole family, for just about every occasion. More importantly, we were taught to wear these symbols of our African heritage with pride, just as he did, as an outward sign of an inner liberation.

For, as sons and daughters of slaves, Montserratians had long learnt to be ashamed of our past, of the culture that had grown out of this past, of our so called “bad English”, of our very selves.

Doc Irish’s enthusiasm for Montserratian ness, for our history, our stories, our music, our jokes and our twang, was contagious, and made a priceless contribution to a joyous sense of national pride and celebration. He has left an imprint that goes way deeper than activism, deeper than clothes, or cultural events. He has left us a legacy of freedom and dignity that is encoded in the DNA of our little Caribbean Rock.

But no one could know Doc Irish for very long, especially in the later years of his life, without realizing that this was a man who loved and feared his God.

He clearly understood that the most important footprints any person can leave behind are not those, however inspiring, left in the shifting sands of time, but those he or she has made from standing firmly on the Eternal Rock of Ages.

Though I won’t see him again on the little Rock he loved so well, I hope with all my heart to see him again when God, through the Eternal Rock of ages, calls all His sleeping children back to vibrant life.

Thanks and may God bless us all.

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Honourable Premier Donaldson Romeo 2019 New Year Statement

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No access to areas south of Belham Valley

Important Notice especially for visitors, tourists and sightseers

This will be a setback for tourists on the Windstar Vessel due to arrive on Tuesday, Crafters, and especially taxi drivers who according to DiscoverMNI were urged to be ready!

 Further to potential flood warnings – comes this news later in the day

The Disaster Management Coordination Agency (DMCA) in consultation with the Commissioner of the Royal Montserrat Police Service (RMPS) has taken a decision to cease access to areas south of Belham Valley.

 The decision was taken due to the road being compromised and also to allow the authorities to carry out remedial work on the road in an effort to ensure the safety of all users.

 The road at Belham Valley will, therefore, be closed from 5 o’clock this afternoon and a further update will be given in due course.

 Persons, south of Belham are asked to make their way to the north immediately.

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Little Bay - 2008 with Potato hill, bottom rt; Renesvouz bluff, mid-left. (Barge stranded aground on shoreline below Potato Hill)

Little Bay port development by 2020

by Bennette Roach

Little Bay – 2008 with Potato hill, bottom rt; Rendesvouz bluff, beach barely seen beyond, mid-left. (Barge stranded aground on shoreline below Potato Hill)

Premier the Hon. Donaldson Romeo has been touting on the transformation projects that are about to be rolled out by the end of this year. Among them is what his government sees as most integral to the development of Montserrat. As reported he is spouting great optimism surrounding the delivery of a new breakwater and berthing facility for Montserrat. Only that will not break ground until next year.

Earlier in this month like before, the Government was reportedly in negotiation with the European Union for an additional £5million to fund the project. This is expected to supplement the 14.4 million pounds or $50.8 million already allocated under the UK Caribbean Investment Fund, UK-CIF.

Government of Montserrat (GoM) confirmed that the Caribbean Development Bank (CDB) delegation was due to travel to Montserrat soon, to move the project to the next stage.

The Premier explained, “following that we hope to go to procurement on the port a final decision as to what we’re doing with the port and go to procurement, hopefully as I said before we go towards having a contract in place and action on the port around this time next year, by this time next year with a view to spend those funds by 2020.”

He continued: “…a port would have to be in place completed by 2020,” as he confirms, “… that’s one certainty we have once we complete the negotiation successfully.”

He promises, “there will be activity over that period from next year right into 2020 which is good news for the man out there who wants that continuous work that I’ve spoken about.”

He said the visit by the bank was confirmed at the CDB’s forty seventh Annual General Meeting in Turks and Caicos being attended by the Hon Premier Donaldson Romeo, the Financial Secretary Collin Owen and Chief Economist Raja Cadre.

Economic Growth Strategy to get boost

The Premier reportedly has met with the CDB President Dr William Warren Smith and the full board of directors. Premier Romeo discussed the five transformational projects that Montserrat plan to take forward and focused on the partnership between the C.B.D. and Montserrat to deliver the breakwater facility.

It was also confirmed at the meeting that CDB’s Chief Economist will be visiting Montserrat to support the development of the economic growth strategy now being developed by the government.

Meanwhile in late news Friday, a Press Conference on Port Development Project is announced for Tuesday, August 21, 2018  advising that the Project will be implemented by the Ministry of Communications, Works, Energy and Labour.

The information says, that “Since the signing, the Ministry has been inviting and receiving tenders for several key aspects of the project, including, perhaps beginning with the provision of ‘Technical Consultancy and Supervision of the project. 

This Press Conference will therefore provide an update on the tender process and the upcoming stages required as part of the project implementation.

 

Pics Premier

Little Bay

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Montserrat Innovation Days to Open this Week

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 By TMR staff

OCTA Innovation Newsletter – Montserrat Innovation Days reveals: The Government of Montserrat is organising Innovation Days in Montserrat on 16th and 17th of August 2018. Innovation Days will be held under patronage of the honourable Donaldson Romeo, Premier of Montserrat, who will personally open the Montserrat Innovation Days. That will be great occasion for local both public and private stakeholders to gather and to exchange relevant knowledge and best available practice in different aspects of sustainable development of the island.

Mrs. Janice Panton MBE

Mrs. Janice Panton MBE, UK and EU Representative for the Government of Montserrat and Chair of the OCTA Innovation will present Association of EU Overseas Countries and Territories (OCTA) and OCTA Innovation, EU funded project for propelling innovation in the OCTs. As an introductory speaker at the Montserrat Innovation Days, Janice Panton will particularly highlight her call upon the heads of the governments of the EU Overseas Countries and Territories to embrace Systemic Innovation for the sustainable development of their territories.

The Premier’s Office on Tuesday this week, provided some more details. The linkages between innovation and sustainable development will be the focus of discussions on Montserrat for the ‘2018 Innovation Days’, being organised by the Government of Montserrat with support from the local Innovation Advisory Board.

The ‘Innovation Days’ are scheduled for Thursday August 16 and Friday August 17 at the Montserrat National Trust starting at 9:00a.m. on both days.  The event will be launched on Thursday morning by Hon. Premiere Donaldson Romeo who will deliver opening remarks. Other speakers scheduled to deliver remarks at the opening ceremony include Government of Montserrat’s UK Representative and Chair of the Overseas Countries and Territories Association (OCTA) Innovation, Mrs. Janice Panton, and Brussels based OCTA Innovation Team Leader, Milan Jezic von Gesseneck.

The Brussels based OCTA Innovation Team Leader and the local Innovation Advisory Board explained that the ‘Innovation Days’ are intended to assist in enhancing sustainable development through innovation solutions for economic diversification.  The event targets both local public and private stakeholders, encouraging exchanges of relevant knowledge and best available practice in different aspects of sustainable development of the island.

During the sessions, Milan Jezic von Gesseneck, will lead a group of EU experts who will provide some lectures and transfer of knowledge on the best EU practices to Montserrat. Milan in particular will share his knowledge and experience in innovation and sustainable development; Innovation, entrepreneurship and green business expert from Trinidad and Tobago, Alan Cooper, will share his knowledge and regional experience in policy support for innovation, entrepreneurship and green business development; while development and tourism expert James McGregor, will bring the best worldwide practice and experience in visitor economy. Some members of the local Innovation Advisory Board will also deliver presentations based on their areas of specialisation.

In addition to the Innovation Days on August 16 and 17, a round-table discussion on the ‘Creative Industry’ is also being planned for Monday, August 20 starting at 9:00a.m. at the Cabinet Secretariat’s Conference Room.

The OCTA Innovation programme assists Overseas Countries and Territories (OCTs) in propelling innovation and creativity through the organisation of local ‘Innovation Days’. Innovation Days are events held in the OCTs, ranging from one day up to several days, with support from the Brussels based OCTA Innovation Team Leader, and features lectures and trainings from experts.

Creativity in Monserrat has been recognised: handmade craft items specific to Montserrat. Emerald Isle Ceramics won OCTA Innovation BIC Award 2017 in creativity field.

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Premier Romeo attends conference of Heads of Government Meeting

Premier Romeo attends conference of Heads of Government Meeting

Premier Donaldson Romeo

Premier, the Honourable Donaldson Romeo will be attending the ‘39th Meeting of the Conference of Heads of Government of the Caribbean Community’ to be held in Montego Bay, Jamaica, this week.  

The Heads of Government Meeting from July 4 to 6 will bring together Heads from CARICOM and Associate Member States, to discuss a number of matters of importance for the Caribbean community.  The CARICOM Single Market and Economy (CSME), and how to make it more effective, is one of the agenda items. 

Other matters to be discussed include, ‘Building Resilience’ specifically as it relates to disaster resilience in the Caribbean Community Post Hurricanes Irma and Maria.  A draft declaration on climate change which was requested by the Council for Foreign and Community Relations is also on the agenda for approval by the Heads.  Security and boarder issues, the report on the marijuana commission, matters related to the Caribbean Court of Justice and a CARICOM Regional strategy for the development of statistics are also carded for deliberations.   

The Conference of Heads of Government meeting also includes the ‘24th Meeting of the Prime Ministerial Sub Committee (PMSC) On External Economic Negotiations’ to be held on Thursday, July 5.  During this meeting, the PMSC will receive an overview of the regional and global developments relevant to CARICOM’s external trade agenda.  There will also be discussions on future trade relations with the United Kingdom post Brexit. 

Premier Romeo will be accompanied by the Deputy Financial Secretary, Mr. Phillip Chambers.  

 

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Notice Of Application For Prescriptive Title

Notice Of Application For Prescriptive Title

Notice of Application for Prescriptive Title

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-Newspaper & Public Notice -2

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Summary Report of Proceedings of the Legislative Assembly Meetings held in 23rd November 19th December 2017 & January 12th 2018.

Summary Report of Proceedings of the Legislative Assembly Meetings held in 23rd November 19th December 2017 & January 12th 2018.

Summary Report of Proceedings of the Legislative Assembly Meetings held in 23rd November 19th December 2017       &    January 12th 2018.

  1. The following papers were laid on the table:

Attorney General                                              23rd   November 2017                                                                                                       

S R & O No. 64 of 2017   Legislator’s Conditions of Service (Repeal) Regulations Order 2017.

Financial Secretary                            19th December 2017

  • S R & O No.65 of 2017 Customs Duties and Consumption Tax (Ethlyn Cassell)  

                                          (Exemption) Order 2017;

       

  • S R & O No.66 of 2017  Customs Duties and Consumption Tax (Disaster Preparedness)

                                                       (Exemption) Order 2017;

 

  • S R & O No.68 of 2017   (Control and Management) (Appointment of Customs Port)

                                              (Plymouth Port) Order 2017;

 

  • S R & O No.69 of 2017   Customs Duties and Consumption Tax (Disaster Preparedness)

       (Exemption) Order 2017.

 

  • Attorney General             19th December 2017

            S R & O No. 67 of 2017     Race and Speed Trial (Designation of Place) Order 2017.

          Financial Secretary   12th   January 2018

 

  • The Golden Years Foundation for the Care of the Elderly Financial Statement for the Year ended 31 December 2016;
  • Environmental Audit on Managing Clinical Waste in the Public Health Sector, Office of the Auditor General;
  • Montserrat Financial Services Commission Audited Financial Statement for year ended 31st December, 2017.                                                                                                         
  1. The Introduction, First, Second and Third Reading of the following Bill took place in November 2017:

                        ‘Supplementary Appropriation Bill 2017’

 First Reading 23rd November 2017

Second Reading 23rd November 2017

Third Reading 23rd November 2017  

This Bill sought to sanction certain payments from the Consolidated Fund and Development Fund in excess of the sums provided by law for the services of the Government of Montserrat.

         The Bill was passed with minor adjustments.

  1. The Introduction and First Reading of the following Bill took place in November and it had a second reading in December 2017:

                       ‘Domestic Violence Bill’

                         First Reading 23rd November 2017

                        Second Reading 19th December 2017

The Bill seeks to provide greater protection for victims of domestic violence and to make provision for the granting of protection orders and for connected matters.  Part I deals with the short title and interpretation, part 2 deals with protection orders, part 3 deals with police powers of entry and arrest and part 4 deals with miscellaneous matters. 

The Bill was referred to a select committee which would report back to the Legislative Assembly within six months.

  1. The Introduction, First, Second and Third Reading of the following Bill took place in January 2018

         ‘Supplementary Appropriation (No.2) Bill 2017’

                                                            First Reading 12th January 2018

                                                Second Reading 12th January 2018

                                                Third Reading 12th January 2018                      

This Bill sought to sanction certain payments from the Consolidated Fund and Development Fund in excess of the sums provided by law for the services of the Government of Montserrat.  It was passed with minor amendments to the short title and commencement as follows: Supplementary Appropriation (No. 2) Act, 2017 changed to Supplementary Appropriation (No. 2 of 2017) Act 2018, the name of the Bill was changed from Supplementary Appropriation (No. 2) Bill 2017 to Supplementary Appropriation (No.2 of 2017) Bill 2018.

  1. The Introduction and First Reading of the following Bill took place in  January 2018

                    ‘Companies Bill’

                              First Reading 12th January 2018

The Bill seeks to replace existing company statutes with a new up to date, Companies Act.  Part I deals with the short title and interpretation, part 2—formation of companies, capacity and powers, part 3—shares, distributions and share redemptions, part 4—members, part 5—company administration, part 6 directors and secretary, part 7—registration of charges, part 8—receivers and receiver-managers, part 9—merger, consolidation, sale of assets, forced redemptions and arrangements, part 10—continuation, part 11—members’ remedies, part 12—foreign companies, part 13—strike-off and dissolution, part 14—liquidation,   part 15—investigation of companies,  part 16—administration and general, part 17-miscellaneous and transitional.

Bills that had their first readings can be read in their entirety at any of the following places:

 

Legislature Department

#1 Farara Plaza

Brades

Montserrat

Legal Department

Valley View

Brades

Montserrat

Public Library

BBC Complex

Brades

Montserrat

Government of Montserrat Website

 

Yours sincerely

___________

Sgd. Judith Baker (Mrs)

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economic growth

Montserrat’s Draft Economic Growth Strategy Available for Review Online as consultations continue

On Wednesday, January 17, 2018 – The Government Information Unit issued this release that says the Ministry of Finance and Economic Management will continue to engage members of the public over the next few weeks, for feedback on the ‘Economic Growth Strategy and Delivery Plan for Montserrat’.

During the period January 22nd to January 26th, Chief Economist in the Ministry of Finance and Economic Management, Raja Kadri, will be available to meet with any member of the public who would like to discuss the strategy in detail and share their feedback. Mr. Kadri will be available between 8:30a.m. to 4:00p.m. to meet with any individual or group. 

Individuals or groups interested in meeting with Mr. Kadri are asked to call the Ministry of Finance on 491-2777 and indicate their preferred date and time.  The meetings will be held in the Conference Room, on the second floor of the Office of the Premier building.

Following these meetings, additional public consultations will be held in Salem, Brades and Look Out.  The dates and times for these meetings will be announced in the coming days.

In the meantime, individuals are encouraged to review the ‘Economic Growth Strategy and Delivery Plan for Montserrat’ which is available online.  

The document is available in the publications section of the Government of Montserrat website.  To access the document, individuals should go to www.gov.ms click on the ‘publications’ tab, then click on ‘Ministry of Finance’ in the list provided.  Once on this page, click on the pdf ‘Growth Strategy & Delivery Plan 2017-DRAFT’ to open or download the document. 

Alternatively, individuals can access the document at the following link http://www.gov.ms/wp-content/uploads/2012/06/Growth-Strategy-Delivery-Plan-2017-DRAFT-.pdf

A survey is also being conducted to allow individuals to share their views on the document and to provide their suggestions.  Persons who decide to complete the survey should first read the ‘Economic Growth Strategy and Delivery Plan’.  The survey is confidential and the responses cannot be linked back to any individual.  To complete the survey, please go to the following link:

https://www.surveymonkey.com/r/drafteconomicstrategysurveyGOM.

 A clickable link to the survey is also available on www.gov.ms under the ‘Growth Strategy & Delivery Plan 2017-DRAFT’ pdf.

 

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