Section 129
Action to enforce forfeiture for breach of condition
of National Land Code (Revised - 2020)
(1)
The Land Administrator shall take action under this section wherever any alienated land is liable under section 127
to forfeiture for breach of condition and—
(a)
he is of opinion that the taking of action under section 128
would not be appropriate; or
(b)
the proprietor of the land has failed to comply with any notice served on him under that section.
(2)
In either of the circumstances aforesaid, the Land Administrator shall—
(a)
cause a notice in Form 7b to be served on the proprietor of the land; and
(b)
cause a copy of that notice, to which there shall be appended the additional notice set out in the supplement to that Form, to be served on the like persons and bodies as those on whom notices relating to rent are required to be served by subsection 98(1).
(3)
Upon the service of any notice under subsection (2), the Land Administrator shall (unless such a note has already been endorsed under section 128) endorse, or cause to be endorsed, on the register document of title to the land in question a note to the effect that the land is subject to action for breach of condition.
(4)
Upon the date, and at the time and place, specified in any such notice, the Land Administrator shall hold an enquiry in accordance with the provisions of this Act, and, on the conclusion thereof—
(a)
if it appears to him that the breach has been remedied, shall so declare by order, and shall cancel or cause to be cancelled any note endorsed under this section or section 128;
(b)
if it appears to him just that time (or where a notice under section 128 has already been served in respect of the breach, further time) should be allowed for remedying the breach, shall make an order specifying the action to be taken for that purpose, and the time which it is to be taken;
(c)
in any other case, shall take temporary possession of the land as he may be directed by the State Authority or in the absence of such direction, make an order declaring the land forfeit to the State Authority.
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(5)
The making of an order under paragraph (4)(b) shall operate as a waiver by the State Authority, conditional upon strict compliance with the requirements thereof, of the right of forfeiture existing by reason of the breach to which the order relates; and—
(a)
if the order is complied with, any note endorsed under this section or section 128 shall be cancelled accordingly;
(b)
if the order is not complied with, the Land Administrator shall, on the expiry of the period specified therein, take temporary possession of the land as he may be directed by the State Authority or in the absence of such direction, make an order declaring the land forfeit to the State
Authority.
(6)
Where temporary possession is taken by the Land Administrator under paragraph (4)(c) or (5)(b), the following provisions shall apply:
(a)
the State Authority or any person or body appointed by it shall have power to remedy the breach at its or the person’s or body’s own expense in any manner or form the State Authority considers appropriate;
(b)
upon completion of effecting the remedy or within such period as the State Authority considers appropriate after effecting such remedy, possession shall be returned to the proprietor with the requirement that the land be maintained in a satisfactory state in view of the remedy and that the State Authority, person or body concerned be reimbursed for the whole or part of the expenses incurred in carrying out such remedy either in one sum or in instalments; and
(c)
if any of the requirements under paragraph (b) does not appear to have been complied with, the Land Administrator shall report to the State Authority, and if the State
Authority is satisfied that the land is not maintained as required it shall then make an order declaring the land forfeit to the State Authority.
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Part Eight—FORFEITURE