Land Act, 1965
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Appointment of Land Commission Nominees. |
14.—(1) Where, in any proceedings under the Land Purchase Acts, the Land Commission deem it necessary or expedient for the exercise of their powers under those Acts so to do, they may, after compliance with subsection (2) of this section, by order appoint any person or persons appearing to them to be in receipt of the rents and profits or to have the control and management of any land (in this section referred to as the land) or, if there be no such person or persons or if such person or any one of such persons is under a disability, some other person, to be the nominee, for the purposes of those proceedings but for no other purpose, of all persons interested in the land, and may where necessary vest the land, or (in the case of any exchange of land under the Land Purchase Acts) other land, in that person. | |
(2) Before making an order under subsection (1) of this section the Land Commission shall give notice in the prescribed form of their intention to make the order to the person whom it is proposed to appoint to be nominee. | ||
(3) A nominee appointed under this section shall, notwithstanding any enactment or rule of law, fully and effectively represent all persons interested in the land for the purposes of the proceedings in relation to which the appointment is made (including the service of documents, but excluding the distribution of purchase money), but not further or otherwise, and may do all acts necessary to bring the said proceedings to completion, including, whether or not the land is registered land, transferring the land. | ||
(4) The Land Commission may by order— | ||
(a) terminate an appointment under subsection (1) of this section, and | ||
(b) appoint a person other than the person whose appointment is so terminated to be nominee in the same proceedings, and where necessary vest the land in that other person. | ||
(5) Whenever an order affecting registered land is made under this section the Land Commission shall furnish a copy of the order to the Registrar of Titles who shall, upon receipt by him of the copy of the order, make such changes in the appropriate register as appear to him to be necessary. | ||
(6) Where land is vested by the Land Commission in a nominee under this section, the interest so vested shall be a graft on the interest of all persons whom the nominee represents. | ||
(7) A person appointed to be a nominee under this section shall not, by reason only of such appointment, be a trustee for the purposes of the Statute of Limitations, 1957 . | ||
(8) A person appointed to be a nominee under this section may be known, and shall be sufficiently described, by the title of Land Commission Nominee. | ||
(9) No appointment shall be made under section 54 of the Land Act, 1939 , after the form referred to in subsection (2) of this section has been prescribed. |