Land Act, 1936

Application of section 38 of the Land Act, 1933, to judicial holdings.

13.—(1) Section 38 of the Land Act, 1933 , shall apply and be deemed always to have applied in the case of a holding included in a list of vested holdings published under section 9 of the Land Act, 1931 , which is subject to a judicial rent as well as in the case of a holding so included which is subject to a rent other than a judicial rent, and accordingly the power conferred by the said section on the Land Commission to fix the standard purchase annuity for a holding in the manner provided by Part II of the First Schedule to the Land Act, 1923 , shall be exercisable and be deemed always to have been exercisable, in the circumstances mentioned in the said section, in relation to a holding which is subject to a judicial rent as well as in relation to a holding which is subject to a rent other than a judicial rent.

(2) The power conferred on the Land Commission by the said section 38 of the Land Act, 1933 , as extended by the foregoing sub-section of this section to fix the standard purchase annuity for a holding in the manner provided by Part II of the First Schedule to the Land Act, 1923 , may be exercised, in the circumstances mentioned in the said section 38, in relation to a particular holding subject to a judicial rent notwithstanding any order or decision to the contrary in respect of that particular holding which was made or given before the passing of this Act and was so made or given on the sole ground that such holding was subject to a judicial rent.