Nyasaland Protectorate (African Trust Land) Order in Council, 1950

Publication Date:January 01, 1950

1950No. 1183

NYASALAND PROTECTORATE

The Nyasaland Protectorate (African Trust Land) Order in Council, 1950

21stJuly1950

22ndJuly1950

At the Court at Buckingham Palace, the 21st day of July, 1950

Present,

The King's Most Excellent Majesty in Council

Whereas the territories of Africa now known as the Nyasaland Protectorate are under the protection of His Majesty the King:

And Whereas by the Nyasaland Protectorate (Native Trust Land) Orders in Council, 1936 to 1949(a), provision is made for the assurance, protection and preservation of the customary rights of natives of the Protectorate to use and enjoy the land of the Protectorate and the natural fruits thereof:

And Whereas it is expedient that the said Orders in Council should be consolidated and amended:

Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890(b), or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—

Interpretation.

1.—(1) In this Order, unless the context otherwise requires:—

"African" means—

(a) any member of a tribe or race of Africa which ordinarily resides in the Protectorate, and

(b) any person who ordinarily resides in the Protectorate as a member of such tribe or race;

"African trust land" means all land in the Protectorate declared to be such under Sections 4 or 11 of this Order;

"certificate of claim" means Certificate of Claim No. 61, and any certificate of claim the validity of which has been recognised by a Secretary of State;

"the existing Orders" means the Orders in Council mentioned in the First Schedule to this Order;

* The date thus appointed was 1st September, 1950.

(a) S.R. & O. 1936 (No. 728) I, p. 938; S.R. & O. 1940 (No. 1462) I, p. 401; S.R. & O. 1944 (No. 1214) I, p. 138; S.R. & O. 1947 (No. 2742) I, p. 800; S.I. 1949 (No. 356) I, p. 1862.

(b) 53 & 54 Vict. c. 37.

"the Fund" means the Fund established under the Native Development and Welfare Fund Ordinance(a), or under any Ordinance amending or replacing the same;

"the Gazette" means the official Gazette of the Nyasaland Protectorate;

"the Governor" means the Governor and Commander-in-Chief of the Nyasaland Protectorate and includes the Officer Administering the Government and, to the extent to which a Deputy for the Governor is authorized to act, that Deputy;

"minerals" means all mineral substances and mineral oils wherever found;

"native authority" means a native authority established under any law for the time being in force in the Protectorate;

"non-African" means any person other than an African;

"the Protectorate" means the Nyasaland Protectorate as defined by the British Central Africa Order in Council, 1902(b), or by any Order of His Majesty in Council amending or replacing the same;

"public land" means—

(a) all lands and interests in land acquired or occupied by or on behalf of His Majesty;

(b) land in townships not in private ownership;

(c) land in forest reserves;

(d) land which has been declared to be a public road;

(e) land declared to be public land under Section 8 or subsection (1) of Section 11 of this Order; and

(f) the lands set out in the Second Schedule hereto.

"public road" has the same meaning as it has in any law for the time being in force in the Protectorate enabling roads to be declared public roads;

"treasury" means a native treasury established under any law for the time being in force in the Protectorate.

(2) The Interpretation Act, 1889(c), shall apply for the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Short title and commencement.

2. This Order may be cited as the Nyasaland Protectorate (African Trust Land) Order in Council, 1950, and shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette, which day shall not be earlier than the day after the day on which this Order shall be laid before both Houses of Parliament.

Revocation.

3. The existing Orders are hereby revoked, but without prejudice to the validity of any right of occupancy, acquisition, exchange or licence granted, made or given thereunder.

Declaration of African Trust Land.

4. The whole of the lands of the Protectorate with the exception of—

(a) public land,

(b) all lands and interests in land (other than yearly tenancies) granted, leased or otherwise disposed of by the Governor before the thirtieth day of April, 1936 and all interests in land retained or reserved upon any such disposal,

(a) Nyasaland Ordinance No. 29 of 1949.

(b) S.R. & O. Rev. 1904, V. Foreign Jurisdiction, p. 40.

(c) 52 & 53 Vict. c. 63.

(c) all lands and interests in land held on the thirtieth day of April, 1936, under any certificate of claim, and not surrendered to the Governor before the date of this Order,

(d) all lands and interests in land granted, leased or otherwise disposed of by the holder of any certificate of claim,

(e) all lands and interests in lands granted, leased or otherwise disposed of by the Governor under the Crown Lands Ordinance(a) since the thirtieth day of April, 1936, and all interests in lands retained or reserved upon any such disposals

are hereby declared to be African trust land.

Vesting of African trust land.

5.—(1) All African trust land is hereby vested in the Secretary of State.

(2) The entire property in and control of minerals in, under or upon any African trust land are, save in so far as any part thereof may have been the subject of alienation duly ratified by the Crown, or in relation to which prospecting or mining rights subsist by virtue of express grant made by the Governor, hereby vested in the Secretary of State, and shall be administered and controlled by the Governor for the use or common benefit, direct or indirect, of Africans, but nothing contained in this Order or in any regulations made thereunder shall affect any grant ratified by the Crown relating to the ownership of mines or minerals, and any person entitled to the exercise of such rights on African trust land may enter thereon together with other persons employed by him for the purpose of exercising such rights subject to the provisions of the laws and regulations for the time being in force in the Protectorate.

(3) For the purposes of this section, "Secretary of State" means His Majesty's Principal Secretary of State for the Colonies for the time being.

African trust land to be administered by Governor.

6.—(1) The Governor shall, subject to the provisions of this Order, to the general or special directions of a Secretary of State, and to any law for the time being in force in the Protectorate, administer and...

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