Forestry Act, 1956
|
Acquisition of land held in commonage. |
4.—(1) Where— | |
(a) the Minister has made an application under section 23 of the Principal Act for an acquisition order in relation to any land held in commonage, | ||
(b) an acquisition order based on that application has come into force, and | ||
(c) as a result of the representation, being a representation specified in subsection (2) of this section, of any of the owners in common of the land, the acquisition order is in respect of part only of the land, | ||
the following provisions shall have effect if a vesting order is made under section 26 of the Principal Act in relation to that part of the land: | ||
(i) if the representation was made by two or more persons (in this paragraph referred to as the objectors)— | ||
(I) as on and from the vesting date, the remainder of the land shall cease to be held in common by the owners in common and shall be held in common by the objectors only, in shares proportionate to the proportions of their former shares, one to another, in the whole of the land, and, in respect of the interest in that remainder of each of the owners in common other than the objectors— | ||
(A) the vesting order shall operate, as on and from the vesting date, to transfer and attach to the compensation payable to that owner all estates, trusts and incumbrances subsisting in respect of that interest immediately before the vesting date, | ||
(B) the said compensation shall, as respects any rights or claims existing immediately before the vesting date, to or against that interest, represent that interest for all purposes, and | ||
(C) if that interest was, immediately before the vesting date, settled land, within the meaning of the Settled Land Acts, 1882 to 1890, the said compensation shall be capital money for the purposes of those Acts, | ||
(II) none of the objectors shall be entitled to compensation in relation to the acquisition effected by the vesting order, | ||
(III) the amount of the compensation payable under the Principal Act to each of the owners in common, other than the objectors, shall be determined as if the whole of the land to which the Minister's application under section 23 of the Principal Act related had been acquired by the vesting order, | ||
(IV) paragraph (b) of subsection (4) of section 26 of the Principal Act shall not apply to the interest in the vested land of the objectors and in respect of the interest in the vested land of each of the objectors— | ||
(A) the vesting order shall operate, as on and from the vesting date, to transfer to the interest of the objector in the remainder of the land all estates, trusts and incumbrances subsisting in respect of the interest of the objector in the vested land immediately before the vesting date, and | ||
(B) the said interest in the remainder of the land shall, as respects any rights or claims existing immediately before the vesting date to or against the said interest in the vested land, represent that interest in the vested land for all purposes, and | ||
(V) the Land Commission shall, on application being made to it in that behalf by any of the objectors, issue to such objector a certificate certifying the facts of the case and specifying the remainder of the land; | ||
(ii) if the representation was made by one person only (in this paragraph referred to as the objector)— | ||
(I) as on and from the vesting date, the remainder of the land shall cease to be held in common by the owners in common and shall be held by the objector only, and, in respect of the interest in that remainder of each of the owners in common other than the objector— | ||
(A) the vesting order shall operate, as on and from the vesting date, to transfer and attach to the compensation payable to that owner all estates, trusts and incumbrances subsisting in respect of that interest immediately before the vesting date, | ||
(B) the said compensation shall, as respects any rights or claims existing immediately before the vesting date, to or against that interest, represent that interest for all purposes, and | ||
(C) if that interest was, immediately before the vesting date, settled land, within the meaning of the Settled Land Acts, 1882 to 1890, the said compensation shall be capital money for the purposes of those Acts, | ||
(II) the objector shall not be entitled to any compensation under the Principal Act in relation to the acquisition effected by the vesting order, | ||
(III) the amount of the compensation payable under the Principal Act to each of the owners in common, other than the objector, shall be determined as if the whole of the land to which the Minister's application under section 23 of the Principal Act related had been acquired by the vesting order, | ||
(IV) paragraph (b) of subsection (4) of section 26 of the Principal Act shall not apply to the interest in the vested land of the objector and in respect of the interest in the vested land of the objector— | ||
(A) the vesting order shall operate, as on and from the vesting date, to transfer to the interest of the objector in the remainder of the land all estates, trusts and incumbrances subsisting in respect of the interest of the objector in the vested land immediately before the vesting date, and | ||
(B) the said interest in the remainder of the land shall, as respects any rights or claims existing immediately before the vesting date to or against the said interest in the vested land, represent that interest in the vested land for all purposes, and | ||
(V) the Land Commission shall, on application being made to it in that behalf by the objector, issue to such objector a certificate certifying the facts of the case and specifying the remainder of the land; | ||
(iii) the vesting order sent pursuant to subsection (7) of section 26 of the Act of 1946 to the registering authority under the Act of 1891 shall be accompanied by a copy of the acquisition order and, on receipt thereof, the said registering authority, in addition to causing the Minister to be registered as specified in the said subsection (7), shall cause any appropriate alterations to be made in any relevant existing registrations under the Act of 1891. | ||
(2) The representation referred to in subsection (1) of this section is a representation to the Lay Commissioners or the Appeal Tribunal (as the case may be) requesting that the relevant acquisition order be in respect of part only of the land to which the application for that order relates on the ground that the case is one in which it is proper that the provisions of subsection (1) of this section should have effect. | ||
(3) An acquisition order referred to in subsection (1) of this section shall recite each representation as a result of which such order is in respect of part only of the land to which the Minister's application under section 23 of the Principal Act relates and the name of the person making such representation. | ||
(4) In this section— | ||
“land held in commonage” means any land which is— | ||
(a) a holding to which subsections (2), (3), (4) and (5) of section 24 of the Land Act, 1939 (No. 26 of 1939), apply, or | ||
(b) land to which those subsections as extended by section 25 of the Land Act, 1950 (No. 16 of 1950), apply; | ||
“owners in common” has the same meaning as in the said subsections (2), (3), (4) and (5). | ||
(5) This section shall be regarded as being contained in Chapter III of Part III of the Principal Act. |