Land Act, 1965

Prohibition of sale, transfer, letting or subletting of certain lands without consent of Land Commission.

13.—(1) Where a provisional list under subsection (2) of section 40 of the Land Act, 1923 , has been published after the passing of this Act, the lands (or any part thereof) mentioned in the provisional list shall not, until the termination of proceedings under the Land Purchase Acts for the acquisition of the lands, be sold, transferred, let, sublet or subdivided without the consent in writing of the Land Commission.

(2) Where a notice under subsection (6) (as amended by section 29 of this Act) of section 40 of the Land Act, 1923 , has been served after the passing of this Act, the lands (or any part thereof) mentioned in the notice shall not, in the period of three months commencing on the date of the service of the notice, be sold, transferred, let, sublet or subdivided without the consent in writing of the Land Commission; provided, however, that the Lay Commissioners may by order (which shall be an excepted matter for the purposes of section 12 of the Land Act, 1950 ) extend the said period by a further three months and also that notice of the said order shall be served by the Land Commission in the prescribed manner.

(3) Where a notice under paragraph (a) of subsection (2) of section 39 of the Land Act, 1939 , that the Land Commission propose to apply for leave to resume has been given, the holding mentioned in the notice shall not, until the termination of proceedings under the Land Purchase Acts for the resumption of the holding, be sold, transferred, let, sublet or subdivided in whole or in part without the consent in writing of the Land Commission.

(4) Any attempted or purported sale, transfer, letting, subletting or subdivision in contravention of this section shall be null and void as against all persons; provided, however, that in any case where the consent of the Land Commission under this Act is given after the attempted or purported sale, transfer, letting, subletting or subdivision, such consent shall, if the Land Commission so direct, so operate as to validate with retrospective effect such attempted or purported sale, transfer, letting, subletting or subdivision.

(5) Whenever a provisional list or a notice referred to in this section affecting registered land is published or served, the Land Commission shall furnish a copy of the list or notice to the Registrar of Titles who shall, upon receipt by him of such copy, make such entries in the appropriate register as appear to him to be necessary and shall, as soon as may be after the expiry of the appropriate period or receipt by him of notification from the Land Commission of the termination of the proceedings referred to in this section, cancel such entries.