Land Act, 1939
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Amendment of section 44 of the Land Act, 1931. |
47.—The following provisions shall have effect in relation to section 44 of the Land Act, 1931 , and the enactments amending that section, that is to say:— | |
(a) an application under sub-section (1) of the said section 44 (as amended by subsequent enactments) may be granted notwithstanding that the parcel of untenanted land to which such application relates is required by the Land Commission for the relief of congestion or for the purpose of resale under the powers conferred by section 32 of the Land Act, 1933 ; | ||
(b) an application under the said sub-section (1) of the said section 44 (as so amended) may be granted not-withstanding that paragraph (b) of that sub-section is not complied with if the Land Commission is satisfied— | ||
(i) that the parcel of untenanted land to which such application relates would, if it were tenanted land as defined in section 73 of the Land Act, 1923 , not be excepted from the provisions of sub-section (1) of section 24 of the Land Act, 1923 , by sub-section (2) of that section as amended by section 40 of the Land Act, 1936 , and | ||
(ii) that the granting of such application would be in the interest of the country; | ||
(c) paragraph (d) of the said sub-section (1) of the said section 44 is hereby amended by deleting there from the words “and that it should be resold to him” now contained therein; | ||
(d) where the Land Commission is satisfied that an application under the said sub-section (1) of the said section 44 (as amended by subsequent enactments) could, having regard to the provisions of this section, be granted in respect of a part, but not in respect of the whole, of the parcel of untenanted land to which such application relates, the Land Commission may, if they so think proper, grant such application in respect of the said part only of such parcel, and thereupon paragraphs (a) and (b) of section 43 of the Land Act, 1936 , shall apply and have effect as if such application had been so granted by virtue of the said paragraph (a) of the said section 43 ; | ||
(e) where an application under the said sub-section (1) of the said section 44 (as so amended) is granted in respect of the whole or a part of the parcel of untenanted land to which such application relates and (in either case) a standard annuity is set up in consequence thereof, such standard annuity shall not exceed— | ||
(i) where such application is granted in respect of the whole of such parcel, the rent reserved by, or the rent actually paid and accepted in substitution for the rent reserved by, the fee farm grant or lease under which such parcel was held by the applicant at the date of the order so granting such application, or | ||
(ii) where such application is granted in respect of a part only of such parcel, the part of the said rent apportioned by the Land Commission on the said part of such parcel; | ||
(f) the following enactments are hereby repealed, that is to say:— | ||
(i) paragraphs (b) and (e) of the said sub-section (1) of the said section 44, | ||
(ii) section 42 and paragraph (d) of section 43 of the Land Act, 1936 . |