Land Act, 1939
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Quorum of Land Commissioners. |
14.—(1) Nothing done before the passing of this Act by the Land Commission or by one or more of the Land Commissioners, whether in exercise of a statutory power, performance of a statutory duty, or otherwise howsoever, shall be open to challenge or question by objection, appeal, or otherwise on the ground that all the Land Commissioners or a sufficient number of Land Commissioners did not do or join or concur in the doing of such thing. | |
(2) Subject to the restriction imposed by the next following sub-section of this section, the powers conferred on the Minister by sub-sections (2) and (3) of section 6 of the Land Act, 1933 , shall include power to direct the number of Lay Commissioners whose concurrence is necessary for the exercise or performance of any such power or duty as is mentioned in the said sub-sections or for the doing of any other thing and, in particular, power to direct that any such power or duty may be exercised or performed or any such thing may be done by one Lay Commissioner acting alone. | ||
(3) The powers imposed by the next preceding sub-section of this section on the Minister shall be subject to the overriding restriction that the concurrence of at least two Lay Commissioners shall be necessary for the doing of any thing which is an excepted matter for the purposes of section 6 of the Land Act, 1933 . | ||
(4) No exercise or performance of any such power or duty as is mentioned in sub-section (2) or sub-section (3) of section 6 of the Land Act, 1933 , and no other thing done after the passing of this Act shall, if such power or duty is exercised or performed or such thing is done with the concurrence of the number of Lay Commissioners directed in that behalf by the Minister under this section or, where the Minister has lawfully so directed under this section, by one Lay Commissioner acting alone, be open to challenge or question by objection, appeal, or otherwise on the ground that a sufficient number of Lay Commissioners did not concur in such exercise or performance or in the doing of such thing. | ||
(5) Where a decision is made or given by a majority of the Land Commissioners concerned therein, the dissenting minority of such Land Commissioners shall be deemed, for the purposes of this section, to concur in such decision, and the words “concur” and “concurrence” shall in this section be construed accordingly. |