Land Act, 1950
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Quorum of Lay Commissioners. |
13.—(1) Subject to the restriction imposed by sub-section (2) of this section, the Minister shall have 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 sub-sections (3) and (4) of section 12 of this Act 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. | |
(2) The power conferred by sub-section (1) 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 12 of this Act. | ||
(3) No exercise or performance of any such power or duty as is mentioned in sub-section (3) or sub-section (4) of section 12 of this Act 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 specified in that behalf in a direction given or deemed to be given by the Minister under this section or, where the Minister has lawfully so directed, 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. | ||
(4) Where a decision is made or given by a majority of the Lay Commissioners concerned therein, the dissenting minority of such Lay Commissioners shall be deemed, for the purposes of the foregoing sub-sections of this section to concur in such decision, and the words “concur” and “concurrence” shall in those sub-sections of this section be construed accordingly. | ||
(5) Subsections (2), (3) and (4) of section 14 of the Land Act, 1939 , are hereby repealed, but— | ||
(a) any direction given under sub-section (2) of that section and in force immediately before the passing of this Act shall be deemed to be a direction given under sub-section (1) of this section and shall have effect accordingly, and | ||
(b) sub-section (4) of that section shall continue to have effect in relation to the exercise or performance of any power or duty, or the doing of any thing, such as is referred to in the said sub-section and which occurred before the passing of this Act. | ||
(6) A direction given or deemed to be given under this section may be revoked or varied by a subsequent direction given by the Minister. | ||
(7) Nothing in this section or in any direction given or deemed to be given thereunder shall be construed as rendering necessary the concurrence of any Lay Commissioners or Lay Commissioner where any power or duty is exercised or performed by virtue of sub-section (2) of section 12 of this Act by the Minister or an officer, or where any thing is done in such exercise or performance. |