NYASALAND PROTECTORATE (NATIVE TRUST LAND) Order In Council, 1936 (a)

Publication Date:January 01, 1936

1936No. 728

FOREIGN JURISDICTION

Native Trust Land

THE NYASALAND PROTECTORATE (NATIVE TRUST LAND) ORDER IN COUNCIL, 1936 (a)

[This Order in Council (S.R. & O. 1936, I, p. 938), is printed as amended by Orders in Council, dated August 7, 1940 (S.R. & O. 1940 (No. 1462) I, p. 401), October 27, 1944 (S.R. & O. 1944 (No. 1214) I, p. 138) and December 19, 1947 (S.R. & O. 1947 (No. 2742) I, p. 800).]

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas the territories of Africa now known as the Nyasaland Protectorate (hereinafter called "the Protectorate") are under the protection of His Majesty the King:

And whereas by treaty, grant, usage, sufferance and other lawful means His Majesty has power and jurisdiction in the Protectorate:

And whereas it is expedient that the customary rights of natives of the Protectorate to use and enjoy the land of the Protectorate and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves, their families and their posterity should be assured, protected, and preserved:

53 & 54 Vict. c. 37.

Now, therefore, His Majesty, by virtue and in exercise of the powers by the Foreign Jurisdiction Act, 1890, 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:—

(a) REVOCATION.—This Order in Council (and amendments thereof) was revoked and replaced, July 21, 1950, by the Nyasaland Protectorate (African Trust Land) Order in Council, 1950 (S.I. 1950 No. 1183).

1. This Order may be cited as the Nyasaland Protectorate (Native Trust Land) Order in Council, 1936.

2. In this Order unless the context otherwise requires—"Government lands" (a) means all lands and interests in land acquired or occupied by or on behalf of His Majesty.

"Public purposes" includes—

(a) for exclusive Government use, for the use of the native inhabitants of the Protectorate, or for the general public use;

(b) for or in connection with sanitary improvements of any kind;

(c) for or in connection with the laying out of any new township, or Government station, or the extension or improvement of any existing township of Government station;

(d) for obtaining control over land required for or in connection with mining;

(e) for or in connection with the conservation of trees.

"Reserved lands" means—

(a) lands other than Government lands included in any township;

(b) lands other than Government lands as set out in the Schedule to this Order;

(c) proclaimed forest reserves excluding Government lands therein;

(d) all lands and interests in land (other than yearly tenancies) granted, leased, or otherwise disposed of by the Governor before the date of this Order and all other interests in land retained or reserved upon any such disposal;

(e) all lands and interests in land held at the date of this Order under any certificate of claim (except Certificate of Claim No. 61) the validity of which has been recognised by one of His Majesty's Principal Secretaries of State and all lands and interests in land granted, leased, or otherwise disposed of by the holders of any such certificates of claim:

For the purpose of this paragraph the words "interests in land" shall not include any interest in land which consists solely of the rights to the minerals therein.

(f) All lands held under Certificate of Claim No. 61, and all lands and interests in land granted, leased, or otherwise disposed of by the holders of Certificate of Claim No. 61;

"Minerals" means all mineral substances and mineral oils wherever found.

"Native" means a native of the Protectorate not being of European or Asiatic race or origin.

"Native authority" means a native authority established under the Native Authority Ordinance, 1933, or any Ordinance amending or substituted for that Ordinance.

(a) The expression "Government lands" substituted for "Crown lands" wherever the latter appears in this Order by S.R. & O. 1947 No. 2742.

"Treasury" means a native treasury established under the Native Authority Ordinance, 1933, or any Ordinance amending or substituted for that Ordinance.

"The Secretary of State" means one of His Majesty's Principal Secretaries of State; (a)

"The Fund" means the Fund established under the Native Development and Welfare Ordinance, 1944; (b)

Notwithstanding anything contained in the Nyasaland Order in Council, 1907 (c), no Ordinance which extends or modifies the purposes for which moneys standing to the credit of the Fund may be applied, shall have effect unless—

(a) The Governor has assented thereto in pursuance of His Majesty's instructions through the Secretary of State; or

(b) His Majesty has assented thereto, either by Order in Council or through the Secretary of State; or

(c) the Ordinance contains a provision suspending the operation thereof until the signification of His Majesty's pleasure thereon and the Governor has been notified through the Secretary of State that His Majesty's power of...

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