Land Act, 1950

Appointment by the Minister of new trustees.

32.—(1) Where—

(a) any trust or scheme other than a scheme to which section 30 of this Act relates has, whether before or after the passing of this Act, been constituted under any provision of the Land Purchase Acts or otherwise, and

(b) the instrument constituting the trust or scheme provides for any function in relation to the appointment of trustees to be fulfilled by the Minister or the Land Commission,

the following provisions shall have effect notwithstanding any other provision made by the instrument creating the trust, by the scheme or by or under any Act:—

(i) the Minister may by writing under his hand appoint any new trustee or trustees for the purposes of the trust or scheme,

(ii) such writing, whether or not containing any vesting declaration, shall operate to vest every estate or interest in any land or chattel subject to the trust or scheme, and every right to recover and receive any debt or thing in action so subject, in the person or persons appointed as new trustee or trustees as joint tenant or tenants with the existing trustee or trustees (or, where there is no existing trustee, in such persons as joint tenants) and for the purposes of the trust or scheme.

(2) Where the Land Commission, by any instrument executed before the passing of this Act, appointed or purported to appoint any new trustee or trustees, the instrument shall have, and be deemed always to have had, the like effect as if this section had come into operation before the instrument was executed and the instrument had been executed by the Minister.