Section 92
Section 92
⎯(1) On expiry of the period of three calendar months during which the Schedule of Alienated Land is open to public inspection, the Registrar shall enter in the Register all necessary particulars of each parcel specified in the Schedule of Alienated Land, other than any parcel the subject matter of any dispute which has not been finally decided.
(2)
Where the particulars relating to any parcel of land have not been entered in the Register by virtue of the fact that a dispute in respect thereof has not been finally decided, the Registrar shall, as soon as the matter in dispute has been finally decided, make the necessary entries relating to the title of such parcel in the Register in accordance with the terms of such decision, and subsection (1) shall then apply to such title.
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(3)
If the Settlement Officer considers that the document of title relating to any parcel of land, in respect of which particulars have been entered in the Register under this section, should for any reason be replaced by a new document of title, he shall give a certificate under his hand to that effect and upon production to him of that certificate, the Registrar shall issue an appropriate certificate in Form
F in the First Schedule.
SETTLEMENT OF STATE LANDS
Presentation of claims to State land 93.⎯(1) All claimants to State land in the block shall appear at such time and such place as the Settlement Officer may, by notice under section 88, direct.
(2)
Claimants may appear in person, or by advocate, or by any representative approved by the Settlement Officer and shall produce to the Settlement Officer all documents held by them, or under their control, affecting the State land which they claim. A claimant who fails to appear may submit to the Settlement Officer a statement of his claim in writing.
Investigation of claims to State land 94.⎯(1) The Settlement Officer shall investigate publicly all claims to State land, whether based upon documentary evidence, native customary tenure or otherwise, and shall have power to determine in whose favour the rights to such land shall be shown in the Settlement Order made under section 95 or may, in the case of conflicting claims, permit the parties to refer the determination of the same to arbitration under the Arbitration Act 1952 [Act 93].
(2)
In the case of native customary rights, the Settlement
Officer may provide for the extinguishment thereof by the payment of compensation or shall show the same in the Settlement Order and, if the rights are such as would enable a lease to be issued to the persons entitled, shall enter also all the particulars to enable a lease to be issued:
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Provided that, if the Settlement Officer provides for the extinguishment of any native customary rights under this section and there is a dispute as to the amount of compensation to be paid, the
Settlement Officer shall refer the matter for arbitration in accordance with section 212.
(3)
If, before the Settlement Order has been published as provided for in section 95, the Settlement Officer is satisfied that any person who has not presented a claim is entitled to any right to land, he may proceed as if such person had presented a claim within the time prescribed.
Settlement Order 95.⎯(1) After full investigation and final determination of all claims, the Settlement Officer shall make a Settlement Order which shall be in Form E in the First Schedule and shall contain any other particulars which may be prescribed by rules made under section 213.
(2)
Every Settlement Order shall be published in the Gazette, and copies thereof shall, at the same time and for a period of one month thereafter, be exhibited at the office of the Superintendent in whose division, and at the office of the District Officer in whose district, the land is situate and at any other place which may be prescribed.
(3)
After the publication of the Settlement Order, the
Settlement Officer may by notice in the Gazette, with copies exhibited in the same manner as in the case of the Settlement Order, correct any clerical errors and make any clerical amendments or additions to the
Settlement Order, as may be necessary to give effect to his decision.
Registration of new grant or lease in respect of land specified in
Settlement Order 96.⎯(1) A new folio in the Register prescribed by section 112
shall be prepared for each parcel of land shown in the Settlement
Order and a grant or lease, as the case may be, for each such parcel, in respect of which the Settlement Order specifies some person as the proprietor of such parcel, shall be prepared by the Superintendent and registered in accordance with section 112, and any such grant or lease
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shall be for such tenure and upon such conditions as may be prescribed by this Code.
[Am. Ord. No. 2/74.]
(2)
[Deleted Ord. No. 2/74].
MISCELLANEOUS
Representation of absentees, minors, persons under disability and others and also of members of a class 97.⎯(1) Subject to any general or special direction of the
Minister, the Settlement Officer shall, after consultation with⎯
(a)
any local authority having jurisdiction over any part of the settlement area; and
(b)
the Probate Officer, appoint a committee of suitable persons to advise him on any relevant system of customary law, to represent the interests of absent persons, minors, and persons under disability and to bring to the attention of the Settlement Officer any claims which may not for any reason have been presented.
(2)
The appointment of a committee under subsection (1) shall not without further order give such committee the right to appear before the Settlement Officer or upon any appeal, but the Settlement
Officer shall take into consideration any representations made by such committee and the Settlement Officer or any court to which appeal lies may, if satisfied that there is no other person entitled to represent a party who is absent or under disability and that it is desirable to make such appointment, by order appoint such committee, or some of them, to represent such party in the proceedings before the Settlement
Officer or upon such appeal, as the case may be:
Provided that no appointment under this section shall render the committee liable to pay the costs of any other party.
Exclusion of areas from Settlement Area for Native Communal
Reserves
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