National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Approval of land for alienation
80. Supplementary provisions relating to approvals
Feedback & supportThe rates of rent and premium determined by the State
rent
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…
Authority in pursuance of paragraphs 79(2)(d) and (e) shall, in the case of land of any class or description with respect to which rates are for the time being prescribed, be the rates so prescribed:
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Provided that the State Authority may, in relation to rent or premium or both, determine different rates if it thinks fit to do so in the circumstances of any particular case, and may in particular (but without prejudice to the generality of the foregoing)
determine—
a higher rate of rent in a case where no premium is to be charged; or
a nominal rate of rent where the land is to be alienated for any religious, educational, charitable or public purpose.
The State Authority may if it thinks fit direct that any State land be sold by auction; and in any such case, the State Authority shall, on the acceptance on its behalf of any bid for the land, be treated for the purposes of this Act as having approved the alienation thereof to the person or body by or on whose behalf the bid was made, and as having determined the matters specified in paragraphs 79(2)(a) to (g) in accordance with the terms on which the land was auctioned.
State land
“State land” means all land in the State (including so much of the bed of any river, and of the foreshore and bed of the sea, as is within the territories of the State or the limits of territorial waters) other than— (a) alienated land; (b) reserved land; (c) mining land; (d) any land which, under the provisions of any law relating to forests (whether passed before or after the commencement of this Act), is for the time being reserved forest;
Subject to subsection 81(2), upon the approval of the alienation of any land by the State Authority under this Act and upon payment of all fees the Registrar shall prepare, register and issue a qualified title in respect of the land.
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Notwithstanding subsection (3) and subsection 180(1), the
Registrar may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the land.
qualified title
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
Any land approved before the commencement of this Act for alienation under any previous land law, but not in fact so alienated, shall be taken as from that commencement to have been approved for alienation under this Act on the same terms as those determined by the State Authority at the time the approval was actually given:
previous land law
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
Provided that the said terms—
shall, if they provided for the land to be alienated rent-free, or for rent to be paid in respect thereof otherwise than at a rate per hectare or lesser unit of area, be modified by the State Authority so as to provide for the payment of rent at such a rate; and
may, even where they provided for the payment of rent at such a rate, be modified if the State Authority thinks fit by the substitution of a different rate, whether higher or lower.