Section 40: Railway Land Commissions

(1) In this section, reference to any land shall, unless the context otherwise requires, be construed as reference to the interests in that land vested in the Corporation.
(2) For the purposes of this section, there shall be established one or more commissions (in this section referred to as "the Railway Land Commissions") each consisting of-
(a) a chairman, which shall be appointed by the Minister and shall be a person who does not hold office in the service of the Corporation or of any Government in the Federation;
(b) a person appointed by the Minister to represent the Corporation; and
(c) a person appointed by the Minister as provided in subsection (6) of this section.
(3) Subject to subsection (10) of this section, the Minister may at any time refer to a Railway Land Commission, the question whether or to what extent it is necessary for the land specified in the reference, being land which was transferred to the Corporation by virtue of section 35 of this Act, to be retained by the Corporation and the Railway Land Commission shall investigate the said question and submit its recommendation thereon to the Minister.
(4) In making a recommendation for the purposes of this section, a Railway Land Commission shall have regard to the reasonable requirements of the Corporation both for discharging its functions at the time when the recommendation is made and also for the future developments of the railway undertaking.
(5) A person appointed to a Railway Land Commission under paragraph (b) of subsection (2) of this section, shall, if a recommendation is made in that behalf by the Corporation within such period as the Minister may direct, be the person so recommended.
(6) A person appointed to a Railway Land Commission under paragraph (c) of subsection (2) of this section, shall be a person appointed to represent the Government of the State in which the land which is the subject of a reference under this section to the Railway Land Commission is situated, or, if the land is situated in the Federal Capital Territory, Abuja, of the Government of the Federation.
(7) Upon receiving a recommendation by a Railway Land Commission that it is not necessary for the land specified in the recommendation to be retained by the Corporation, the Minister, subject to the approval of the President, may make an order declaring that such land, or such part of the land as he may specify in the order, shall be transferred to and vest in the State, and thereupon the land to which the order relates, shall be transferred to and vest in the State by virtue of such orders and without further assurance, to be held for the purposes of the Government of the Federation or of the State in which the land is situated, as may be directed in the order.
(8) It shall be lawful for the Minister to make an order under this section in relation to any land, notwithstanding that no reference has been made to, or no recommendation has been made by, a Railway Land Commission under this section, if the Corporation has given notice in writing to the Minister that the Corporation does not require to retain the land.
(9) Where an order made under this section affects the value of the railway undertaking transferred to the Corporation by virtue of section 35 of this Act, there shall be deducted from the compensation payable by the Corporation under section 37 of this Act, or if payment of such compensation has already been made, there shall be refunded to the Corporation, such sums as shall be agreed between the Government of the Federation and the Corporation.
(10) No order shall be made under this section after the expiry of such period, not exceeding five years next following the vesting day, as may be prescribed, and different period may be prescribed in relation to different parts of Nigeria.
(11) The Minister may make regulations governing the discharge of the functions by Railway Land Commissions and the appointment and tenure of office of the member thereof, and generally for carrying the purposes and provisions of this section into effect.