Land Act, 1931

Extension of powers of providing for maintenance of embankments, etc.

45.—(1) Where, in the case of an estate the holdings on which are vested under this Act in the purchasers thereof, it appears to the Judicial Commissioner, within six years after the publication of the vesting orders or the last of the vesting orders in respect of such holdings, that he could on the distribution of the purchase money of such estate, if application in that behalf had then been made to him, have directed under sub-section (1) of section 44 of the Land Act, 1923 , the transfer of land bonds to the Public Trustee for the purposes mentioned in that section, the Judicial Commissioner may within the said period of six years order any person who on such distribution received for his own benefit or received and retained under his control as a trustee any portion of such purchase money to repay to the Public Trustee so much (if any) of the said purchase money so received or so received and retained by him as the Judicial Commissioner shall consider he could have so directed to be so transferred on such distribution.

(2) Land bonds paid to the Public Trustee in pursuance of an order made under this section shall be applied in accordance with sub-section (2) of section 44 of the Land Act, 1923 , as if they had been transferred to him under sub-section (1) of that section.