Land Act, 1950
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Amendment of section 37 of Land Act, 1939. |
20.—(1) Section 37 of the Land Act, 1939 , is hereby amended by the substitution of the following paragraphs for paragraphs (a), (b), (c) and (d) of sub-section (1):— | |
“(a) on the making of the advance, there shall be added, to the purchase money of such holding, part of a holding, or parcel, a sum (in this sub-section referred to as compounded arrears) consisting of seventy-five per cent. of whichever of the following arrears of the rent payable in respect of such holding, part of a holding, or parcel is the greater (or, where they are equal, of the first-mentioned of them), that is to say:— | ||
(i) the arrears which at the appointed day have accrued due in respect of any period or periods commencing on and after the gale day next before the said particulars were furnished or the said application was lodged (as the case may be), and | ||
(ii) the arrears, not exceeding three years thereof, which have accrued due on the appointed day, | ||
together with seventy-five per cent. of the apportioned gale of such rent from the gale day next before the appointed day up to that day where that day is not a gale day, and, save as aforesaid, no payment in respect of arrears of such rent shall be required to be made, | ||
(b) where any payment after the said particulars were furnished or the said application was lodged (as the case may be) or in respect of any period or periods commencing on and after the gale day next before the said particulars were furnished or the said application was lodged (as the case may be) has been made on foot of the said rent, arrears shall be deemed to have accrued and the foregoing paragraph shall apply as if no such payment had been made, but every such payment shall be treated as having been made in respect of the compounded arrears and the amount of every such payment in excess of the compounded arrears shall be recoverable as a claim against the purchase money.” | ||
(2) Subsection (1) of this section shall not apply in relation to any case as respects which the appointed day has been fixed before the passing of this Act. |