Section 42: Land Fund – Loans for Tenants and Resettlement
42.Land Fund
(1)There is established a fund to be known as the Land Fund.
(2)Subject to the provisions of this section, the Commission shall be responsible for the management of the Fund, and may contract out the management of any part of the Fund to an organisation in the public or private sector; but no such contract shall absolve the Commission from the responsibility of management.
(3)The money to form part of the Land Fund shall be derived from the following sources—
(a)money appropriated by Parliament;
(b)loans obtained by the Government;
(c)grants from any donors;
(d)any money paid into the Fund under this Act;
(e)any other source approved by the Minister in writing in consultation with the Minister responsible for finance.
(4)The Fund shall be utilised as follows—
(a)to give loans to tenants by occupancy to enable them to acquire registrable interests pursuant to Article 237(9)(b) of the Constitution;
(b)by the Government to purchase or acquire registered land to enable tenants by occupancy to acquire registrable interests pursuant to the Constitution;
(c)to resettle persons who have been rendered landless by Government action, natural disaster or any other cause;
(d)to assist persons to acquire titles under this Act in accordance with a prescribed scheme.
(5)For the purposes of giving effect to subsection (4), the Commission shall, in particular, carry out the following functions—
(a)give loans to lawful or bona fide occupants to enable them to acquire registrable interests pursuant to Article 237(9)(b) of the Constitution;
(b)purchase or acquire land where necessary in order to redistribute it to the tenants in occupancy on such terms and conditions as shall be determined by the Commission;
(c)verify and distribute the land referred to in paragraph (b) to the tenants by occupancy;
(d)cause and facilitate the holding under paragraph (c) to be surveyed and the occupant to acquire a registrable interest of the holding;
(e)give loans to other persons to enable them to have their land surveyed for the purpose of acquiring certificates of title;
(f)perform such other functions as provided in this Act or as the Minister may in writing determine.
(6)Notwithstanding any provisions to the contrary in the Land Acquisition Act—
(a)any compulsory acquisition of land for purposes of implementing subsection (4)(b) shall be at a fair market valuation assessed on a willing seller willing buyer basis;
(b)no person from whom land is to be acquired under this section shall be required to vacate that land until he or she has received the compensation awarded to, or agreed to, by him or her;
(c)the Commission shall pay compensation for any losses caused by severance or injurious affection;
(d)the Commission shall pay all reasonable costs of disturbance to the person from whom land is to be acquired; and
(e)in the case of land occupied under customary tenure, in addition to compensation assessed under this section, there shall be paid as a disturbance allowance a sum not exceeding fifteen percent of the sum awarded to the person from whom land is to be acquired where that person was using the land as his or her home.
(7)The statutory and administrative charges such as fees and stamp duty shall be payable by the tenant in occupancy and shall not be paid out of the Fund.
(8)The Commission shall ensure that as far as possible the officers and other employees of the Commission who are allocated to the affairs of the Land Fund are identifiable and devote their attention exclusively to the affairs of the Fund.
(9)Subject to this section, the administrative costs of managing the Land Fund shall be charged on the Fund, but salaries and other emoluments shall not be payable out of the Fund.
(10)The Minister shall ensure that money are provided for the Land Fund and ensure that the Fund is duly established within one year after the coming into force of this Act.
(11)The Commission shall maintain separate accounts for the Land Fund from its other accounts.
(12)The accounts of the Land Fund shall be audited by the Auditor General in accordance with Article 163 of the Constitution, and the Auditor General shall report to Parliament on the accounts of the Fund under Article 163(4) of the Constitution.
(13)The Commission shall submit to the Minister once in every six months a report on its operations in the management of the Land Fund giving such information on the affairs of the Fund as the Minister may specify in writing.
(14)The Minister shall submit progress reports to Parliament annually on the performance of the Land Fund.
Plain English Summary
The government has created a Land Fund to help certain people get land rights. If you are a tenant by occupancy (someone living on land owned by anoth...
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