Section 28
Survey required before alienation
⎯(1) No State land shall be alienated under this Code unless and until the survey of the land has been completed to the satisfaction of the Superintendent:
Provided that, when the immediate survey of any State land is impracticable, the Superintendent may order that a provisional lease in
Form C in the First Schedule be executed in favour of the person entitled.
(2)
Every provisional lease shall specify—
(a)
the approximate area of the land to be held thereunder;
(b)
the annual rent payable;
(c)
the period or term of the provisional lease;
(d)
the special conditions imposed thereon by the
Superintendent;
(e)
that any land held under native customary rights created under section 5 or native territorial domain under section 6A shall be excluded from the area covered by the provisional lease; and
(f)
that the term for the lease issued after the survey under subsection (1) has been completed, shall be for the remainder of the term or period stated in the provisional lease.
(3)
Notwithstanding the payment by him of any annual rent in respect of the area specified in the provisional lease, the
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registered proprietor thereof shall not be entitled to the registration of a lease in Form B in the First Schedule for an area equal to the area specified in the provisional lease if upon completion of the survey referred to in subsection (1) any such area is unavailable for reason that—
(a)
the land is already held under native customary rights created in accordance with section 5 or native territorial domain under section 6A; or
(b)
the land is required for any of the purposes as stated in section 46.
(4)
Until the survey required under subsection (1) has been completed and a lease in Form B of the First Schedule has been registered in the name of the registered proprietor, the provisions of section 132(1) shall not apply to a provisional lease.
(5)
Save as provided in subsection (4) all other provisions of this Code affecting leases or documents of title shall apply equally to provisional leases and references to a lease or document of title shall include a provisional lease.
[Sub. Cap. A179/2019.]
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