Land Act, 1946

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Obligation on allottees of holdings and parcels to reside thereon.

2.—Where a holding or parcel of land—

(a) either—

was allotted to, but not vested in, a purchaser before the operative date, or

is allotted to a purchaser on or after the operative date, and

(b) the holding or parcel includes a dwellinghouse (whether the dwellinghouse was built before or after or partly before and partly after the allotment of the holding or parcel),

the following provisions shall have effect—

(i) the Land Commission may, whenever and so often as they think fit, give a direction to the purchaser to reside continuously to their satisfaction in the dwellinghouse, as on and from such date (not being less than three months after the date of the direction) as the Land Commission think fit and specify in the direction until the holding or parcel is vested in him;

(ii) the Land Commission may at any time revoke any direction given to the purchaser under this section;

(iii) where a direction given to the purchaser under this section is in force and the Land Commissiongive another direction to the purchaser under this section, the first-mentioned direction shall there upon, by virtue of this paragraph, be revoked;

(iv) if the purchaser fails to comply with any direction given to him under this section and for the time being in force, the Land Commission may, if they think fit, demand and recover possession of the holding or parcel on which the dwellinghouse is situate and any other holding or parcel allotted to the purchaser in conjunction with, or for the enlargement of, the first-mentioned holding or parcel, freed and discharged from any claim by the purchaser;

(v) a certificate under the common seal of the Land Commission certifying that a direction under this section was given to the purchaser, that the direction has not been revoked and that the purchaser has failed to comply with the direction shall be conclusive evidence for all purposes of the facts so certified.