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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter 1 : Administration

9. Regulations board

 

(1) There shall be established a deeds registries regulations board (in this section called 'the board'), with power to make regulations upon the subjects mentioned in section 10.

 

(2) The board shall consist of the chief registrar of deeds as chairman and executive officer in terms of section 2(1)(a), and four other members appointed by the Minister, of whom—
(a) one shall be an officer occupying an office mentioned in section 2(1)(b) or (c);
(b) one shall be an officer of the Department of Land Affairs; and

[Section 9(2)(b) substituted by section 4 of Act  No. 14 of 1993]

(c) two shall be conveyancers nominated by the Executive Council of the Association of Law Societies of the Republic of South Africa.

 

(3)
(a) A member of the board appointed by the Minister shall hold office for the period determined by the Minister, but the Minister may, if in his opinion there is good reason for doing so, terminate the appointment of such a member at any time before the expiration of his period of office.
(b) A member of the board whose period of office has expired shall be eligible for re-appointment.

 

(4)
(a) The board shall meet at the times and places determined by the chairman.
(b) The Minister may at any time direct the chairman of the board to convene a meeting of the board at a time and place specified by the Minister.

 

(5) In the absence of the chairman of the board, the member referred to in subsection (2)(a), shall act as chairman.

 

(6)
(a) Three members of the board, of whom one shall be a member appointed in terms of subsection (2)(c), shall form a quorum for a meeting of the board.
(b) The decision of a majority of the members present at any meeting of the board shall be the decision of the board, and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

 

(7) The board may regulate the proceedings at its meetings as it may think fit and shall cause minutes of such proceedings to be kept.

 

(8) With the Minister's approval the board may make regulations also without holding a meeting, provided any regulations so made have been agreed to by all the members of the board.

 

(9) No regulation made by the board shall take effect unless it has been approved by the Minister and has been published in the Gazette at least one month before the date specified in the relevant notice as the date of commencement thereof.

[Section 9(9) substituted by section 4 of Act No. 27 of 1982]

 

(10) The provisions of section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis with reference to regulations approved by the Minister and published in the Gazette under subsection (9).

 

[Section 9 substituted by section 9 of Act No. 57 of 1975]