PART I
PRELIMINARY
Short title.
1.
This
Act may be cited as the Land Acquisition Act.
Interpretation.
2.
—(1)
In
this Act, unless the context otherwise requires —"assessor"
means a member of the panel of assessors
appointed under section 26 (2);
"Board"
means an Appeals Board constituted
under section 19 (1);
"Collector"
has the same meaning as in the Land
Revenue Collection Act (Cap. 155);
"Commissioner"
means a Commissioner of Appeals or
a Deputy Commissioner of Appeals, appointed under section 19 (2),
and includes an acting Commissioner of Appeals or acting Deputy
Commissioner of Appeals;
"land"
includes benefits to arise out of
land and things attached to the earth or permanently fastened to
anything attached to the earth;
"person interested"
includes every person claiming an
interest in compensation to be made on account of the acquisition
of land under this Act, but does not include a tenant by the month
or at will.
66/73. .
(2)
For the purposes of this Act, the following
persons shall be deemed persons “entitled to act” as
and to the extent hereinafter provided:(a)
trustees
for other persons beneficially interested shall be deemed the persons entitled
to act with reference to any such case, and that to the same extent as
the persons beneficially interested could have acted if free from
disability; and
(b)
Deleted by Act 19/2007, wef 07/05/2007.
(c)
the
guardians of minors and deputies appointed
or deemed to be appointed by the High Court for persons who lack
capacity (incapacitated persons) under the Mental Capacity Act 2008
with power in relation to the incapacitated persons for the purposes
of this Act, shall be deemed respectively the persons so entitled
to act, to the same extent as the minors or incapacitated persons themselves
could have acted if free from disability:
Provided that —(i)no person shall be deemed “entitled
to act” whose interest in the subject matter is shown to
the satisfaction of the Collector, the Board or the Court of Appeal
to be adverse to the interest of the person interested for whom
he would otherwise be entitled to act;
(ii)in every such case the person interested
may appear by a next friend, or, in default of his appearance by
a next friend, the Collector, the Board or the Court of Appeal,
as the case may be, shall appoint a guardian for the case to act
on his behalf in the conduct thereof;
(iii)the provisions of the Rules of Court
for the time being in force shall, mutatis mutandis, apply in the
case of persons interested appearing before the Collector, the Board
or the Court of Appeal by a next friend, or by a guardian for the
case, in proceedings under this Act; and
(iv)no person “entitled to act” shall
be competent to receive the compensation money payable to the person
for whom he is entitled to act, unless he would have been competent
to alienate the land and receive and give a good discharge for the
purchase money on a voluntary sale.