Section 1
Short title
/akn/my/act/act/2020/828
UNDANG-UNDANG
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Section 2
Application
Section 3
Commencement
Section 4
Savings
Section 5
Interpretation
Part One (A)—COMPUTERIZED LAND
REGISTRATION SYSTEM
Section 5a
Coming into operation of the Computerized Land Registration System in any land Registry
Section 5b
Amendment of the Fourteenth Schedule
Part One (B)—MODIFICATIONS TO FACILITATE THE
IMPLEMENTATION OF THE PENGURUSAN DANAHARTA
NASIONAL BERHAD ACT 1998
Section 5c
Modifications to facilitate the implementation of Pengurusan Danaharta
Nasional Berhad Act 1998
Laws of Malaysia 6
Act 828
Part One (C)—MODIFICATIONS TO FACILITATE THE
IMPLEMENTATION OF THE ELECTRONIC LAND
ADMINISTRATION SYSTEM
Section
Section 5d
Coming into operation of the Electronic Land Administration System in any land Registry
Part Two—ADMINISTRATION
Chapter
Chapter 1—Powers of the Federation and of Federal Officers
Section 6
Director General of Lands and Mines (Federal) and other Federal Officers
Section 7
Delegation of Minister’s powers to Director General
Section 8
General powers of Director General
Section 9
National Land Council: initiation of action with respect to certain matters
Section 10
Regulation of procedure, etc., of Survey and Mapping Department
Chapter
Chapter 2—Powers of the States and of State Officers
Section 11
Administrative areas
Section 12
State Director and other State Officers
Section 13
Delegation of powers of State Authority to State Director, etc.
Section 14
Power of State Authority to make rules
Section 15
General powers of State Director, etc.
Section 16
Actions by and against the State Authority
Section 17
Power to require removal, etc., of trees
Section 18
Power to consolidate notices, orders and notifications
Chapter
Chapter 3—General provisions relating to officers, etc.
Section 19
Information to be kept secret
Section 20
Purchase of land by officers, etc.
Section 21
Officers to be public servants
Section 22
Protection of officers
National Land Code 7
Chapter
Chapter 4—Provisions relating to enquiries
Section
Section 23
Interpretation
Section 24
Conduct of enquiry
Section 25
Time and place of enquiry
Section 26
Enquiry to be open to public
Section 27
Notice of enquiry
Section 28
Cancellation and postponement of enquiries, and change of venue
Section 29
Hearing of enquiry
Section 30
Veracity of evidence
Section 31
Substance of evidence and reasons for decision to be recorded
Section 32
Inspection of record of evidence, etc.
Section 33
No alteration, etc., of decision or order
Section 34
Re-opening of enquiry
Section 35
Death etc., of Land Administrator
Section 36
Former applications
Section 37
Appeal
Section 38
Costs of enquiry
Section 39
Application of Penal Code
Part Three—RIGHTS AND POWERS OF THE
STATE AUTHORITY
Chapter
Chapter 1—Property in land and powers of disposal
Section 40
Property in State land, minerals and rock material
Section 41
Powers of disposal of State Authority, and rights in reversion, etc.
Section 42
Powers of disposal
Section 43
Persons and bodies to whom land may be disposed of
Section 44
Extent of disposal: general
Section 45
Extent of disposal: minerals, rock material and forest produce
Section 46
Reversion, etc., to the State Authority 46a.
Reversion to State Authority of an undivided share in land or parcel of subdivided building
Section 47
Buildings to vest in State Authority on reversion, etc.
Laws of Malaysia 8
Act 828
Section
Section 48
No adverse possession against the State
Section 49
Effect of advance or retreat of sea, etc.
Section 50
Power of State Authority to vary provisions, extend time, etc.
Chapter
Chapter 2—Classification and use of land
Classification
Section 51
Classification of land
Use of Lands Alienated under this Act
Section 52
Categories of land use and application thereof to lands alienated under this Act
Use of Lands Alienated before Commencement
Section 53
Conditions affecting use of lands alienated before commencement until category of land use...
Section 54
Application of categories of land use to lands alienated before commencement
Use of Lands Approved for Alienation before Commencement
Section 55
Application of section 53 to lands approved before commencement
Section 56
Application of section 54 to lands approved before commencement
Chapter
Chapter 3—Rights of access to, and use of, alienated lands
Section 57
General
Section 58
Nature and extent of rights
Section 59
Notice of intended works
Section 60
Objection to intended works
Section 61
Compensation 61a.
Private person carrying out works
National Land Code 9
Division II—DISPOSAL OF LAND
Part Four: DISPOSAL OTHERWISE THAN BY ALIENATION
Chapter
Chapter 1—Reservation of land
Section
Section 62
Power of reservation of State land
Section 63
Power to lease reserved land
Section 64
Revocation of reservation
Chapter
Chapter 2—Temporary occupation of land
Section 65
Power to licence temporary occupation of State land, mining land and reserved land
Section 66
Issue of temporary occupation licences
Section 67
Duration, conditions, etc., and form of temporary occupation licences
Section 68
Temporary occupation licences not capable of transfer or transmission on death 68a.
Deposits in respect of temporary occupation licence
Section 69
Combined temporary occupation licence and permit under Chapter 3
Chapter
Chapter 3—Removal of rock material
Section 70
Power to permit extraction, removal and transportation of rock material
Section 71
Issue of permits
Section 72
Duration, conditions, etc., and form of permits
Section 73
Permits not capable of transfer or transmission on death
Section 74
Deposits in respect of permits
Section 75
Effect of permits on conditions affecting land
Chapter
Chapter 4—Permit to use air space above state land and reserved land 75a.
Power to permit use of air space above State land or reserved land 75b.
Applications for permits 75c.
Issue of permits on approval 75d.
Conditions, etc., of permits
Laws of Malaysia 10 10
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Section 75e.
Permits not capable of assignment except with consent of State Authority 75f.
Deposit or security in respect of permits 75g.
Power to cancel permits
Part Five—DISPOSAL BY ALIENATION
Chapter
Chapter 1—Introductory
Section 76
Meaning of alienation
Section 77
Titles under which land may be alienated 77a.
(Deleted)
Section 78
How alienation is effected
Chapter
Chapter 2—Approval of land for alienation
Section 79
General provisions relating to approvals
Section 80
Supplementary provisions relating to approvals
Section 81
Items of land revenue payable on approval
Section 82
Power to require payment of deposit
Chapter
Chapter 3—Alienation under final title
Section 83
Survey for purposes of alienation under final title
Section 84
Recomputation of items of land revenue after survey
Section 85
Register and issue documents of title
Section 86
Form of documents for Registry title
Section 87
Form of documents for Land Office title
Section 88
Registration of register documents of title
Section 89
Conclusiveness of register documents of title
Section 90
Issue of issue documents of title 90a.
Extension of land alienated for a term of years
Section 91
Exemption of documents of title from stamp duty
Section 92
Indefeasibility of final title, and rights of dealing etc.
National Land Code 11 11
Part Five (A): DISPOSAL OF UNDERGROUND LAND
Section 92a.
Interpretation 92b.
Specification of rights in respect of underground land upon alienation 92c.
Alienation of underground State land 92d.
Application for independent use or alienation of underground land below alienated land 92e.
Specification of rights in respect of underground land upon the grant of a lease of reserved land 92f.
Lease of underground land below reserved land 92g.
Application for independent use of underground land below leased reserved land 92h.
Relationship of this Part to other provisions of this Act 92i.
Regulations by the Minister
Division III—ALIENATED LANDS: INCIDENTS AND
REGISTRATION OF TITLE
Part Six—RENT
Chapter
Chapter 1—General
Section 93
Rent to be a debt due to State Authority
Section 94
When rent due, and when in arrear
Section 95
Where rent payable
Section 96
Computation of rents 96a.
Rent of land with subdivided building
Chapter
Chapter 2—Collection of arrears of rent
Section 97
Notice of demand
Section 98
Right of chargees, lessees, etc., to pay sum demanded
Section 99
Effect of payment of sum demanded 100.
Forfeiture for non-payment of sum demanded
Laws of Malaysia 12 12
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Chapter
Chapter 3—Revision of rent
Section 101.
Power of State Authority to revise rents periodically 102.
Power in respect of lands alienated before commencement
Part Seven—CONDITIONS AND RESTRICTIONS IN INTEREST
Chapter
Chapter 1—General 103.
Interpretation and scope 104.
Conditions and restrictions in interest to run with the land 105.
Duration of conditions and restrictions in interest 106.
Time to be of the essence of fixed-term conditions of a positive character 107.
Extension of time for compliance with fixed-term conditions of a positive character 108.
Conflict with local by-laws, etc.
Chapter
Chapter 2—Summary of conditions and restrictions in interest affecting alienated lands
Lands Alienated under this Act 109.
Conditions, etc., applicable on alienation
Lands Alienated Before Commencement 110.
Conditions, etc., applicable as from commencement 111.
Conditions, etc., applicable after category of land use imposed under section 54
Lands Approved for Alienation before Commencement 112.
Conditions, etc., applicable on alienation, and after imposition of category of land use by virtue of section 56
Changes in Conditions and Restrictions 113.
Manner in which changes may be effected
National Land Code 13 13
Chapter
Chapter 3—Implied conditions
Boundary Marks
Section 114.
Implied conditions affecting all alienated land
Category: Agriculture 115.
Implied conditions affecting land subject to the category “agriculture”
Category: Building 116.
Implied conditions affecting land subject to the category “building”
Section 116a
(Deleted)
Category: Industry 117.
Implied conditions affecting land subject to the category “industry”
Agricultural Land Alienated under Qualified Title 118.
Implied condition affecting agricultural land alienated under qualified title
Land Endorsed “Padi” before Commencement 119.
Implied condition affecting land alienated before commencement for padi cultivation
Chapter
Chapter 4—Express conditions and restrictions in interest
General Powers Upon Alienation 120.
Imposition of express conditions and restrictions in interest on alienation under this Act
Land Alienated Subject to a Category 121.
Category: Agriculture 122.
Categories: Commercial, Residential and Industry
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Act 828
Land Becoming Subject to a Category after Alienation
Section 123.
Imposition of express conditions on land becoming subject to a category under section 54
Variation of Conditions, Restrictions and Categories 124.
Power of State Authority to vary conditions, etc., on application of proprietor 124a.
Simultaneous applications for subdivision and under subsection 124(1)
in respect of the proposed subdivisional portions
Chapter
Chapter 5—Enforcement of conditions 125.
When a breach of condition arises 126.
Breach of complex condition 127.
Liability to forfeiture for breach of condition 128.
Summary action to secure remedying of breach of condition 129.
Action to enforce forfeiture for breach of condition
Part Eight—FORFEITURE
Section 130
Forfeiture to take effect upon notification in the Gazette 131.
Effects of forfeiture 132.
Land not to be re-alienated, etc., during period for appeal against forfeiture 133.
Power of State Authority to annul forfeiture, or re-alienate to previous proprietor on new terms, etc.
Section 134
Appeals against forfeiture
Part Nine—SUBDIVISION, PARTITION AND AMALGAMATION
Chapter
Chapter 1—Subdivision of lands 135.
Power of proprietor to subdivide with approval of State Director or Land
Administrator 136.
Conditions for approval of subdivision 137.
Applications for approval 138.
Powers of Land Administrator or State Director in relation to applications 139.
Issue of title to subdivisional portions
National Land Code 15 15
Chapter
Chapter 2—Partition of lands
Section
Section 140
Powers of co-proprietors to partition with approval of State Director,
Land Administrator or State Authority
Section 141
Conditions for approval of partition
Section 141a
Application for partition by any co-proprietor
Section 142
Applications for approval
Section 143
Powers of Land Administrator or State Director in relation to applications
Section 143a
Power of State Authority in relation to application for partition of land subject to the ca...
Section 144
Issue of title to individual portions
Section 145
Power of Court to facilitate termination of co-proprietorship
Chapter
Chapter 3—Amalgamation of lands
Section 146
Power of proprietor to amalgamate contiguous lots with approval of
State Director or Land Administrator
Section 147
Conditions for approval of amalgamation
Section 148
Applications for approval
Section 149
Powers of Land Administrator or State Director in relation to applications
Section 150
Issue of title to combined area
Chapter
Chapter 4—Subdivision of buildings 151—157. (Repealed)
Chapter 4—Subdivision of buildings 151—157. (Repealed)
Part Nine(A)—POWERS OF ATTORNEY
Section 157a
Application by donee of a power of attorney
Section 157b
Procedure in respect of filing of copy of power of attorney
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Part Ten—PREPARATION AND MAINTENANCE OF
REGISTERS ON FINAL TITLE
Chapter
Chapter 1—The registers
Section
Section 158
Registry title—the register of grants and the register of State leases
Section 159
Land Office title—the Mukim Registers
Section 160
Saving for existing registers
Section 160a
Definition of “new district”
Section 160b
Powers of Land Administrator of new district in respect of registers
Section 160c
Issue of title in continuation
Chapter
Chapter 2—The subsidiary register 161-163.
(Repealed)
Chapter
Chapter 3—Final title in continuation of final title
Introductory
Section 164
When title in continuation may be issued under this Chapter
Section 165
General provisions with respect to documents in continuation
CONTINUATION OF TITLE TO LAND AS A WHOLE
Section 166
Circumstances in which title in continuation may be issued to land as a whole
Section 167
Preliminary procedure in circumstances described in paragraph 166(1)(a) or (e)
Section 168
Preliminary procedure in circumstances described in paragraph 166(1)(c) or (d)
Section 169
Costs of issuing title in continuation to land as a whole
Section 170
Form and content of documents in continuation of title to land as a whole
Continuation of Title on Subdivision, Etc.
Section 171
Preliminary procedure in cases of subdivision
Section 172
Preliminary procedure in cases of partition and amalgamation
Section 173
Form and content of documents in cases of subdivision, partition and amalgamation
National Land Code 17 17
Procedure after Issue of Title in Continuation
Section 174.
Cancellation, etc., of subsisting documents of title
Issue of Duplicate Issue Document Only 175.
Power to issue duplicate issue document only where register document not in need of renewal
Chapter
Chapter 4—Replacement of register document of final title 175a.
Power to replace register document of title where the register is lost, etc.
Section 175b
Application for registration as a proprietor of land or of interest in the present register...
Preparation of provisional register document of title 175d.
Provisional register document of title to be opened for inspection 175e.
Objection 175f.
Authentication of the provisional register document and the effect of such authentication
Part Eleven—QUALIFIED TITLE
Chapter
Chapter 1—Introductory 176.
Purposes and effect of qualified title 177.
Forms of qualified title, and documents of title appropriate thereto 178.
Preparation, registration and issue of documents of qualified title 179.
Registers of qualified title
Chapter
Chapter 2—Alienation under qualified title 180.
Qualified title to be registered and issued upon approval of alienation 181.
Procedure prior to registration and issue of qualified title 182.
Rent to be paid on basis of approved area
Laws of Malaysia 18 18
Act 828
Chapter
Chapter 3—Final title and qualified title in continuation
On Subdivision, Partition and Amalgamation of
Lands Held under Final Title
Section 183.
Subdivision 183a.
Power of Registrar or Land Administrator relating to the issuance of final title upon subdivision 184.
Partition 184a.
Power of Registrar or Land Administrator relating to the issuance of final title upon partition 185.
Amalgamation 185a.
Power of Registrar or Land Administrator relating to the issuance of final title upon amalgamation 186.
Contents of documents prepared on subdivision, partition or amalgamation
Where Register Document of Qualified Title
Requires Replacement 187.
Power to issue title in continuation where register document full up, etc.
Section 187a
Power to replace register document of qualified title where the register is lost, etc.
187aa.
Power to issue title in continuation upon creation of a new district under section 160a
Issue of a Duplicate Issue Document of
Qualified Title 187b.
Power to issue duplicate issue document of qualified title only where register document not in need of renewal
Procedure after Issue of Title in Continuation 188.
Cancellation, etc., of subsisting documents of title
Chapter
Chapter 4—Conversion of qualified title into final title 189.
Conversion to take place after survey 190.
Procedure in case of land alienated under qualified title
National Land Code 19 19
Section 191.
Procedure in case of land held under qualified title on subdivision, etc.
Section 192
Preparation, registration and issue of documents of final title 193.
Contents of documents of title 194.
Cancellation, etc. of subsisting documents of title
Part Twelve—SURRENDER OF TITLE
Power to Surrender 195.
Power to surrender whole or part with approval of State Director or
Land Administrator 196.
Conditions for approval of surrender
Procedure for Surrender of Whole 197.
Applications for approval of surrender of whole 198.
Procedure on applications 199.
Revesting of land and destruction of issue document
Procedure for Surrender of Part Only 200.
Applications for approval of surrender of part 201.
Procedure on applications 202.
Revesting of part surrendered, and resurvey of part retained
Surrender and Re-Alienation—Contiguous Lots
Held under Land Office Title 203.
Applications for surrender and re-alienation, and procedure thereon 204.
Procedure for re-alienation
Surrender and Re-Alienation—Special Provisions 204a.
Declaration as to continued operation of section 124 and Chapters 1 and 3
of Part Nine 204b.
Power to approve surrender and re-alienation
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Section 204c.
Conditions for approval of surrender and re-alienation 204d.
Applications for approval of surrender and re-alienation 204e.
Procedure on applications 204f.
Reconsideration under subsection 79(2) and withdrawal of application 204g.
Reversion of land and destruction of issue document 204ga.
Land subject to a charge 204h.
Application of Act to re-alienation as to alienation
Division IV—ALIENATED LANDS: DEALINGS
Part Thirteen—GENERAL
Section 205
Dealings capable of being effected, and persons capable of taking thereunder
Section 206
Need for proper instrument of dealing, duly registered
Section 207
Form of instruments of dealing
Section 208
Instruments to contain description, etc., of parties
Section 209
Instruments to contain proper description of land affected
Section 210
Execution of instruments of dealing
Section 211
Attestation of instruments of dealing
Section 212
Inclusion in one instrument of dealings affecting different lands
Section 213
Special provisions with respect to tenancies exempt from registration
Part Fourteen—TRANSFERS
Powers of Transfer
Section 214
What may be transferred, and restrictions on exercise of powers 214a.
Control of transfer of estate land
Transfers of Land
Section 215
Form, and effect generally, of transfer of land
Section 216
Additional provisions with respect to lands transferred subject to leases, charges, etc.
National Land Code 21 21
Transfers of Undivided Shares
Section 217.
Form and effect of transfer of undivided share
Transfers of Leases and Charges 218.
Form of transfer of lease or charge 219.
Effect of transfer of lease or charge
Transfers of Exempt Tenancies 220.
Form and effect of transfer of exempt tenancy
Part Fifteen—LEASES AND TENANCIES
Chapter
Chapter 1—Powers of leasing, etc.
Section 221
Power of proprietors to lease for terms exceeding 3 years 222.
Power of lessees and sublessees to sublet for terms exceeding 3 years 223.
Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 years 224.
Calculation of terms of leases and tenancies 225.
General restrictions on powers conferred by this Chapter 226.
Additional restriction where land or lease subject to prior charge 227.
Effect of leases and tenancies 228.
Options for renewal, or for purchase of reversion 228a.
Reference to a part of any building
Chapter
Chapter 2—Express and implied provisions 229.
Incorporation of agreements set out in Sixth Schedule 230.
Agreements implied in all leases and subleases 231.
Agreements by lessees and sublessees implied in absence of contrary intention 232.
Agreements by lessors and sublessors implied in absence of contrary intention 233.
Construction of implied agreements to keep “in repair”
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Chapter
Chapter 3—Forfeiture
Section 234.
Power of forfeiture 235.
Notice before forfeiture 236.
Effect of forfeiture 237.
Relief against forfeiture 238.
Relief to persons and bodies having dependent interests
Chapter
Chapter 4—Determination of leases and tenancies 239.
Surrender 240.
Determination otherwise than by surrender
Part Sixteen—CHARGES AND LIENS
Chapter
Chapter 1—Creation of charges, and general provisions relating thereto 241.
Powers of charging 242.
Form of charges 243.
Effect of charges 244.
Custody of issue document of title or duplicate lease 245.
Restriction on consolidation 246.
Tacking of further advances 247.
Postponement of charges 248.
Application of this Part to existing charges
Chapter
Chapter 2—Implied provisions 249.
Agreements by chargor implied in all charges 250.
Agreements by chargor implied in absence of contrary intention 251.
Implied agreement by chargee as to consent to leases, etc.
Section 252
Construction of implied agreements to keep “in repair”
National Land Code 23 23
Chapter
Chapter 3—Remedies of chargees: sale
Introductory
Section 253.
Purpose and scope of this Chapter
Notice before Sale 254.
Service of default notice, and effect thereof 255.
Special provision with respect to sums payable on demand
Procedure—Registry Title, Qualified Title
Corresponding Thereto, and Subsidiary Title 256.
Application to Court for order for sale 257.
Matters to be dealt with by order for sale 258.
Procedure prior to sale 259.
Procedure at sale
Procedure—Land Office Title, Qualified Title
Corresponding Thereto, and Subsidiary Title 260.
Application to Land Administrator for order for sale 261.
Land Administrator to hold enquiry 262.
Provisions as to enquiry 263.
Order for sale, and matters to be dealt with thereby 264.
Procedure prior to sale 264a.
Postponement or cancellation of an order for sale by Land
Administrator 265.
Procedure at sale
General Provisions 266.
Right of chargor to tender payment at any time before sale 266a.
Statement of payment due 267.
Effects of sale 267a.
Application of deposit upon failure to settle purchase price, etc.
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Section 268.
Application of purchase money 268a.
Application of purchase money by chargee who is a financial institution 269.
Protection of purchasers
Chapter
Chapter 4—Remedies of chargees: Possession 270.
Limitation of powers to certain lands, and to first chargees only
Right to Possession 271.
Power of chargee to take possession on any default by chargor 272.
Procedure for taking possession 273.
Duration of right to possession
Effects of Taking Possession 274.
Position of chargee in possession 275.
Power of chargee in possession to grant leases and accept surrenders 276.
Provisions as to notices by chargees to receive rents
Application of Rents and Profits 277.
Application of rents and profits by chargees in possession.
Chapter
Chapter 5—Discharge 278.
Discharge otherwise than by payment 279.
Discharge by payment to Registrar in cases of death, absence or disability 280.
Memorialization on discharge by payment
Chapter
Chapter 6—Liens 281.
Creation, and effect, of liens
National Land Code 25 25
Part Seventeen—EASEMENTS
Chapter
Chapter 1—Creation
Section 282.
Meaning of “easement”
Section 283
Rights able to be granted as easements 284.
Necessity for express grant 285.
Restrictions on power to grant 286.
Form, and effect, of grants 287.
Enjoyment of easements by lessees, tenants and chargees in possession 288.
Special provisions as to easements of way
Chapter
Chapter 2—Release, extinguishment and cancellation 289.
Release of easement by dominant proprietor 290.
Extinguishment of easements by unity of title and possession 291.
Cancellation of easements by Registrar
Part Eighteen—REGISTRATION OF DEALINGS
Chapter
Chapter 1—Presentation of instruments for registration 292.
Instruments capable of being registered, and method of presentation therefor 292a.
Lodgement of instrument in electronic form 293.
Fees to accompany instruments so presented 294.
Documents to accompany instruments so presented 295.
Entry of instruments in Presentation Book 296.
Withdrawal of instruments
Chapter
Chapter 2—Procedure generally 297.
Registrar to determine fitness for registration, and register if fit and accompanied by nec...
Rejection or suspension for unfitness, or absence of certain documents 299.
Procedure in absence of other documents 300.
Instruments to be dealt with in order of presentation
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Chapter
Chapter 3—Determination of fitness for registration
Section 301.
When an instrument is fit for registration 301a.
Rents to be paid before presentation 302.
Enquiries, etc., by Registrar 303.
Limitations on Registrar’s powers
Chapter
Chapter 4—Manner of registration 304.
How instruments to be registered, and time from which registration effective 305.
Other action by Registrar in connection with registration 306.
Documents on which copy memorials to be made pursuant to section 305 307.
Additional endorsements to be made pursuant to section 305 308.
Additional procedure where sale by chargee extinguishes subsequent charges
Chapter
Chapter 5—Powers of Attorney 309.
Documents to accompany instruments executed under power of attorney 310.
Procedure in respect of instruments so executed 311.
Enquiries, etc., by Registrar
Chapter
Chapter 6—Cancellation of registration 312.
Summary of Registrar’s powers of cancellation 313.
Cancellation of leases and subleases on determination otherwise than by surrender 314.
Cancellation of charges discharged by payment 315.
Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.
Chapter
Chapter 7—Endorsement of exempt tenancies 316.
Applications for endorsement 317.
Procedure on application 318.
Cancellation of endorsement
National Land Code 27 27
Part Nineteen—RESTRAINTS ON DEALING
Chapter
Chapter 1—Caveats
Section 319.
Nature and effect of Registrar’s caveats 320.
Circumstances in which Registrar’s caveats may be entered 321.
Procedure with respect to Registrar’s caveats and duration thereof
Private Caveats 322.
Nature and effect of private caveats 323.
Applications for entry of private caveats 324.
Procedure on applications 325.
Withdrawal of private caveats 326.
Removal of private caveats by Registrar 327.
Removal of private caveats by the Court 328.
Lapse of private caveats 329.
Compensation for wrongful caveats, and limitation on repeated applications
Lienholders’ Caveats 330.
Creation and effect of lienholders’ caveats 331.
Determination of lienholders’ caveats
Trust Caveats 332.
Nature and effect of trust caveats 333.
Creation of trust caveats and duration thereof
Chapter
Chapter 2—Prohibitory orders 334.
Meaning of “prohibitory order”
Section 335
Prohibitory orders ineffective until entered by Registrar 336.
Effect of prohibitory orders 337.
Sale of land or interest subject to prohibitory order 338.
Lapse of prohibitory order by expiry of time 339.
Other methods of determination
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Division V—ALIENATED LANDS: SUPPLEMENTAL
Part Twenty—INDEFEASIBILITY OF TITLE AND INTEREST
Section 340.
Registration to confer indefeasible title or interest, except in certain circumstances 341.
Adverse possession not to extinguish titles or interests
Part Twenty-One—CO-PROPRIETORSHIP AND TRUSTS
Chapter
Chapter 1—Co-proprietorship 342.
Meaning of co-proprietorship, and when it arises 343.
Incidents of co-proprietorship
Chapter
Chapter 2—Trusts 344.
Registration as trustee or trustees, and deposit or trust instrument 345.
Survivorship
Part Twenty-Two—TRANSMISSION ON DEATH
AND BANKRUPTCY
Death 346.
Registration of personal representatives 347.
Effects of registration 348.
Small estates distribution orders
Bankruptcy 349.
Registration of Director General of Insolvency 350.
Effect of disclaimer, discharge, etc.
Part Twenty-Three—REVERSION IN ABSENCE
OF PROPRIETOR
Section 351
Reversion to or vesting in State Authority on proprietor’s death without successors 352.
Reversion to State Authority on abandonment of title by proprietor
National Land Code 29 29
Part Twenty-Four—RESURVEY OF LAND HAVING
NATURAL BOUNDARIES
Section
Section 353
Resurvey of land alienated before commencement by reference to natural feature boundaries
Section 354
Procedure (including appeal) after resurvey, and provision as to costs
Part Twenty-Five—SUBDIVIDED BUILDINGS
355—374. (Repealed)
Division VI—GENERAL AND MISCELLANEOUS
Part Twenty-Six—GENERAL POWERS AND DUTIES
OF THE REGISTRAR
Section 375
Safe keeping of registers, etc.
Section 376
Supply of forms, and issue of guidance notes, etc.
Section 377
Marking of instruments, and power to require thumbprints, etc.
Section 378
Changes of name by proprietors, etc.
Section 379
Changes of address by proprietors, etc.
Section 380
Correction of errors in documents of title, etc.
Section 381
Cancellation of obsolete entries, and bringing of documents of title up to date
Section 381a
Power of Registrar or Land Administrator to standardize express conditions and restrictions...
Section 382
Supplementary provisions as to amendments, corrections and cancellations
Section 382a
Actions in relation to documents of title where alienated land becomes State land under sec...
Section 383
Certified copies of documents of title, etc.
Part Twenty-Seven—SEARCHES
Section 384
Private searches
Section 385
Official searches
Section 386
Compensation
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Act 828
Part Twenty-Eight—LAND ADMINISTRATOR’S
RIGHTS OF WAY
Section 387.
Interpretation 388.
Land Administrator’s rights of way 389.
Characteristics of Land Administrator’s rights of way 390.
Creation of right 391.
Procedure on creation of right 392.
Cost of survey, construction, maintenance and repair 393.
Compensation 394.
Sharing of right by adjacent proprietors 395.
Extinction of right
Part Twenty-Nine—SURVEY
Chapter
Chapter 1—General 396.
Manner in which survey is to be carried out 396a.
Amendment of Survey Plan 397.
Control and supervision of officers 398.
Powers of Director of Survey and Mapping 398a.
Duty to complete survey 399.
Duties of Director of Survey and Mapping 400.
Notice to secure attendance for purpose of pointing out boundaries, etc.
Section 400a
Unauthorized survey 401.
Notice to clear boundaries 402.
Recovery of cost of boundary marks 403.
Penalty for interference with boundary marks and survey reference marks 404.
Removal and alteration of boundary marks 404a.
Removal and alteration of survey reference marks 405.
Replacement of boundary marks which are damaged, etc.
Section 405a
Replacement of survey reference marks which are damaged, etc.
Section 406
Compensation for damage 407.
Errors in survey
National Land Code 31 31
Section 408.
Director of Survey and Mapping’s certificate as to cost of work 409.
Powers of Land Administrator and Settlement Officer 409a.
Survey by licensed land surveyor
Chapter
Chapter 2—Deposited plans 410.
Nature of deposited plan 411.
Description of land by reference to deposited plan 412.
Copies of deposited plans 413.
Inspection of plans and inspection and provision of copies
Part Thirty—REGISTRATION OF STATUTORY VESTING
Section 414
Interpretation 415.
Application for registration of a statutory vesting of a registered or registerable interest in land 416.
Substitution of transferee for transferor in documents of entitlement 416a.
Recording of reservation of land in favour of transferee 416b.
Provisions in respect of lands falling under Clause (3) of Article 166 of the Federal Constitution 416c.
Provisions as to rights in whole or part of alienated land vested in the transferee 416d.
Transferee to succeed to applications by transferor, and to proceedings to which transferor is a party 416e.
Procedure where transferee unable to produce the issue document of title or document of entitlement
Part Thirty-One—JURISDICTION OF THE COURT
Section 417
General authority of the Court 418.
Appeals to the Court 419.
Power of Registrar and Land Administrator to refer questions to the
Court 420.
Registration of vesting orders 421.
Taking of proceedings in name of proprietor, etc.
Section 421a
Interpretation
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Act 828
Part Thirty-One (A)—POWER OF INVESTIGATION
Section 421aa.
Power of investigation 421ab.
Power to require attendance of witnesses 421ac.
Examination of witnesses
Part Thirty-Two—POWERS OF ARREST AND
SEIZURE AND PENALTIES
Section 422
Penalty for false statements, etc.
Section 423
Penalty for fraudulent alteration, destruction, etc., of documents
Section 424
Penalty for failure to produce documents
Section 425
Unlawful occupation, etc., of State land, reserved land or mining land 425a.
Unlawful use of air space above State land or reserved land
Section 426
Unlawful extraction or removal of rock material 426a.
Power of arrest, seizure, etc.
Section 426b
Custody and delivery of things seized 426c.
Forfeiture of things seized 426d.
No costs or damage arising from seizure to be recoverable
Section 427
Unlawful grazing of animals
Section 428
Obstruction of Land Administrator’s rights of way, roads and other public places 428a.
Wrongful receipt of information 428aa.
Offences committed by body corporate: officers deemed to be guilty
Section 429
Miscellaneous penalties 429a.
Institution of prosecution 429b.
Compounding of offences
Part Thirty-Three—SERVICE AND PUBLICATION OF NOTICES
Section 430
Interpretation
Section 431
Methods of service 431a.
Service where proprietor is dead
Section 432
Substituted service
Section 433
Publication of certain notices and notifications
National Land Code 33 33
Part Thirty-Three (A)—RESTRICTIONS IN RESPECT OF
NON-CITIZENS AND FOREIGN COMPANIES
Section 433a.
Interpretation 433b.
Non-citizens and foreign companies may acquire, etc., land only with approval of State Authority 433c.
Disposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and void 433d.
Saving 433e.
Other conveyances or disposal to non-citizen or foreign company subject to approval and payment of levy, etc.
Section 433f
Execution by non-citizen or foreign company under power of attorney void 433g.
Levy to be paid within thirty days of service of notice of approval 433h.
Non-application of this Part, etc.
Part Thirty-Four—MISCELLANEOUS
Section 434
Determination, and payment, of compensation under this Act 435.
Rules relating to rice cultivation 436.
Supplementary provision as to forms and procedure 436a.
Particulars of identity card etc., and of citizenship 437.
Form of Presentation Book
Part Thirty-Five—REPEALS, TRANSITIONAL PROVISIONS, ETC.
Section 438
Repeal and amendment of existing laws 438a.
Modifications for Federal Territory 439.
Modifications for Penang and Malacca 440.
Modifications for Kelantan 441.
Transitional provision with respect to rules, orders, etc.
Section 442
Transitional provision with respect to administrative areas 443.
Transitional provision with respect to officers 444.
Transitional provision with respect to dealings, etc.
Section 445
Power of State Authority to make additional transitional provisions, etc.
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Act 828
Section 446.
Special provision for land subject to conditions in Second and
Third Schedules 447.
Saving for rules of court, and procedure in cases not provided for
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule (Repealed)
Seventh Schedule—A (Repealed)
Seventh Schedule—B (Repealed)
Eighth Schedule (Repealed)
Ninth Schedule (Repealed)
Tenth Schedule
Eleventh Schedule
Twelfth Schedule
Thirteenth Schedule
Fourteenth Schedule
Fifteenth Schedule
Sixteenth Schedule
National Land Code 35
Provisions of the
National Land Code
Modification
The whole (except where it is expressly otherwise provided hereinafter)
In its application to the Federal Territory of Kuala
Lumpur—
references to “Director of Survey” shall be construed as references to “Director General of
Survey and Mapping” or “Director of Survey and
Mapping of the Federal Territory acting on behalf of the Director General of Survey and Mapping”;
P.U. (A) 169/1978;
references to the “Gazette” shall be construed as references to the “Gazette of the Federation”;
references to the “Senior Inspector of Mines”
shall be construed as references to the “Chief
Inspector of Mines”;
references to the “State” shall be construed as references to the “Federal Territory”;
references to “State Authority” shall be construed as references to the “Government of the Federation”;
references to “the State Commissioner” shall be construed as references to “the Land Executive
Committee”;
references to “State Land” shall be construed as references to “Federal Land”;
references to “State lease” shall be construed as references to “Federal lease”.
Laws of Malaysia 36
Provisions of the
National Land Code
Modification
The whole (except where it is expressly otherwise provided hereinafter)
In its application to the Federal Territory of Putrajaya—
references to “Director of Survey” shall be construed as references to “Director General of
Survey” or “Director of Survey of the Federal
Territory acting on behalf of the Director General of Survey”;
references to “Gazette” shall be construed as references to “Gazette of the Federation”;
references to “Senior Inspector of Mines” shall be construed as references to “Chief Inspector of Mines”;
references to “State” shall be construed as references to “Federal Territory of Putrajaya”;
P.U. (A) 180/2002
references to “State Authority” shall be construed as references to “Government of the Federation”;
references to “State land” shall be construed as references to “Federal land”; and references to “State lease” shall be construed as references to “Federal lease”.
Act 828
National Land Code
National Land Code 37
Provisions of the
National Land Code
Modification
The whole (except where it is expressly otherwise provided hereinafter)
In its application to the Federal Territory of Labuan—
references to “Gazette” shall be construed as references to the “Gazette of the Federation”;
references to “Land Administrator” shall be construed as references to the “Registrar”;
references to “State” shall be construed as references to “Federal Territory of Labuan”;
references to “State Authority” shall be construed as references to the “Government of the Federation”;
references to “State land” shall be construed as references to “Federal land”;
references to “State lease” shall be construed as references to “Federal lease”;
references to “this Act” shall be construed as references to “the extended Code”.
Laws of Malaysia 38 38
Act 828
National Land Code 39
Act 828
Preamble
An Act to amend and consolidate the laws relating to land and land tenure, the registration of title to land and of dealings therewith and the collection of revenue therefrom within the
States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan,
Pahang, Penang, Perak, Perlis, Selangor, Terengganu and the
Federal Territories of Kuala Lumpur, Putrajaya and Labuan and for purposes connected therewith.
[Peninsular Malaysia—1 January 1966,
L.N. 474/1965;
Federal Territory of Kuala Lumpur—1 February 1974,
P.U. (A) 56/1976;
Federal Territory of Putrajaya—1 February 2001,
P.U. (A) 213/2001;
Federal Territory of Labuan—1 January 2010,
P.U. (A) 454/2009]
WHEREAS it is desired to introduce in the form of a National
Land Code a uniform land system within the States of Johore,
Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang,
Perak, Perlis, Selangor, Terengganu and the Federal Territory of
Kuala Lumpur:
AND WHEREAS provision has been made by the National Land
Code (Penang and Malacca Titles) Act 1963, for the introduction of a system of registration of title to land in the States of
Penang and Malacca, for the issue of replacement titles, for the assimilation of such system to the provisions of the National
Land Code, and for matters incidental thereto:
AND WHEREAS it is now expedient for the purpose only of ensuring uniformity of law and policy to make a law with respect to land tenure, registration of titles relating to land, transfer of land, leases and charges in respect of land, and easements and other rights and interests in land:
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Laws of Malaysia 40
Now, THEREFORE, pursuant to Clause (4) of Article 76 of the
Federal Constitution, IT IS ENACTED by the Parliament of
Malaysia as follows:
Division I—INTRODUCTORY
Part One—PRELIMINARY
Short title
Section 1
This Act may be cited as the National Land Code.
Application
Section 2
This Act applies only to Peninsular Malaysia and the Federal
Territory of Labuan.
Commencement
Section 3
This Act shall come into force in each State upon such date as the Minister may, with the a...
Council, appoint in relation to that State by a notification in the
Gazette of the Federation.
Savings
Section 4
Nothing in this Act shall affect the past operation of, or anything done under, any previou...
Provided that any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall, except as hereinafter expressly provided, be subject to the provisions of this Act.
Act 828 36
National Land Code 41
Provisions of the
National Land Code
Modification
Laws of Malaysia 42
Provisions of the
National Land Code
Modification
Subsection 4(2)
In its application to the Federal Territory of Labuan, in paragraph (b), substitute for the words “Malay reservations or Malay holdings” the words “native holding”.
Act 828
National Land Code
National Land Code 43
(2
) Except in so far as it is expressly provided to the contrary, nothing in this Act shall affect the provisions of—
(a)
any law for the time being in force relating to customary tenure;
(b)
any law for the time being in force relating to Malay reservations or Malay holdings;
(c)
any law for the time being in force relating to mining;
(d)
any law for the time being in force relating to sultanate lands;
(e)
any law for the time being in force relating to wakaf or
Baitulmal;
(f)
the Terengganu Settlement Enactment 1356 [Terengganu
En. No. 65 of 1356];
(g)
the Padi Cultivators (Control of Rent and Security of
Tenure) Act 1967 [Act 793];
(h)
the Kelantan Land Settlement Act 1955 [Act 460];
(i)
the Land (Group Settlement Areas) Act 1960 [Act 530];
(ia)
the Perlis Land Settlement Enactment 1966 [Perlis En.
No. 16 of 1966]; or
(j)
any law for the time being in force relating to exemptions from the payment of land revenue, and, in the absence of express provision to the contrary, if any provision of this Act is inconsistent with any provision of any such law, the latter provision shall prevail, and the former provision shall, to the extent of the inconsistency, be void.
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Laws of Malaysia 44
Interpretation
Section 5
In this Act, in all documents of title to alienated land, and in all leases, licences, perm...
“agriculture” includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, the breeding and keeping of honey-bees, livestock and reptiles, and aquaculture;
“alienate” means to dispose of State land in perpetuity or for a term of years, in consideration of the payment of rent, and otherwise in accordance with section 76 or, when used in relation to the period before the commencement of this Act, to dispose of
State land in perpetuity or for a term of years under a previous land law (not being a law relating to mining);
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State
Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
“appropriate authority” when used in relation to any consent or approval, means the authority having power under any written law to grant such consent or approval, as the case may be;
“boundary mark” includes any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar or other mark used for the purpose of marking boundaries;
“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;
“building” includes any structure erected on land;
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National Land Code 45
Provisions of the
National Land Code
Modification
Section 5
In its application to the Federal Territory of Kuala
Lumpur—
(1
) the definition of “Chief Surveyor” shall have no application;
—see P.U. (A) 148/1990
(2
) insert, immediately after the definition of “to deliver”, the following definition of “Director of Survey”:
‘“Director of Survey” means the
Director of Survey and Mapping of the Federal Territory appointed under section 12, and includes a Deputy Director of Survey and Mapping;’;
—see P.U. (A) 148/1990;
(3
) insert immediately after the definition of
“land”, the following definition of “Land
Executive Committee”—
‘ “Land Executive Committee” means the Committee established under subsection 12(1);’;
P.U. (A) 430/1984
(4
) substitute for the definition of “district” the following:
‘ “district” in relation to Federal Territory means the whole area of the Federal
Territory of Kuala Lumpur consisting of an area as shown in the plan identified by reference to Plan No. 383 deposited in the office of the Director of Survey and Mapping, Selangor.’.
—see P.U. (A) 505/2002
Laws of Malaysia 46
Provisions of the
National Land Code
Modification
Section 5
In its application to the Federal Territory of
Putrajaya—
(1
) the definition of “Chief Surveyor” is repealed;
(2
) insert after the definition of “Director
General” the following definition:
‘ “Director of Survey” means the
Director of Survey of the Federal Territory appointed under section 12, and includes a Deputy Director of Survey;’;
(2a
) substitute for the definition of “district” the following definition:
‘ “district”, in relation to Federal
Territory of Putrajaya means the whole area of the Federal Territory of Putrajaya consisting of an area as shown in the plan identified by reference to
Plan No. P.P 2-2000 deposited in the office of the Director of Survey and
Mapping, Selangor’;
—see P.U. (A) 180/2002
(3
) insert after the definition of “land” the following definition:
‘“Land Executive Committee”
means the Committee established under subsection 12(1);’.
Act 828
National Land Code
National Land Code 47
Provisions of the
National Land Code
Modification
Section 5
In its application to the Federal Territory of Labuan—
(1
) in the definition of “certificate of sale”, delete the words “or subsection 265(4)”;
(2
) substitute for the definition of “Court” the following definition:
‘ “Court” means the High Court in
Sabah and Sarawak;’;
(3
) delete the definition of “estate land”;
(4
) insert after the definition of “entry” the following definition:
‘ “extended Code” means the National
Land Code as extended and modified under the Federal Territory of Labuan (Extension and Modification of National Land Code)
Order 2009 [P.U. (A) 454/2009];’;
(5
) in the definition of “final title”—
(a)
delete the words “, Land Office title”;
and
(b)
substitute for the words “all forms” the words “a form”;
(6
) delete the definitions of “Land Administrator”
and “Land Office title”;
(7
) insert before the definition of “land revenue”
the following definition:
‘“Land Executive Committee”
means the Committee established under subsection 12(1);’;
(8
) in the definition of “licensed land surveyor”, insert after the words “Licensed Land Surveyors
Act 1958 [Act 458]” the words “as extended and modified under the Federal Territory of Labuan (Extension and Modification of
Licensed Land Surveyors Act) Order 2009
[P.U. (A) 456/2009]”;
Laws of Malaysia 48
Provisions of the
National Land Code
Modification
Section 5
(9
) delete the definitions of “mukim”, “Mukim grant”, “Mukim lease”, “Mukim Register”
and “penghulu”;
(10
) substitute for the definition of “Registrar”
the following definition:
‘ “Registrar” means a Registrar of Titles or Deputy Registrar of Titles appointed under subsection 12(1b);’;
(11
) in the definition of “State Authority”, substitute for the words “Ruler or Governor of the State, as the case may be” the words “Government of the Federation”;
(12
) substitute for the definition of “State Director”
the following definition:
‘ “State Director” means the Director of Lands and Mines of the Federal
Territory of Labuan and Deputy Directors of Lands and Mines appointed under subsection 12(1b);’;
(13
) in the definition of “trust”, substitute for the semicolon at the end of the definition a full stop;
(14
) delete the definition of “village land”.
Act 828
National Land Code
National Land Code 49
“calendar year” means a year beginning on 1 January;
“caveat” means a registered caveat;
“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);
“charge” means a registered charge;
“condition” does not include any restriction in interest;
“co-proprietorship” has the meaning assigned thereto by subsection 342(1), and “co-proprietor” shall be construed accordingly;
“country land” has the meaning assigned thereto by subsection 51(2);
“Court” means the High Court in Malaya;
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
“to deliver” includes to transmit by hand or post;
“digital cadastral database” means any computerized cadastral database based on the cadastral coordinate system adopted and maintained by the Survey and Mapping Department;
“Director General” means the Director General of Lands and
Mines referred to in section 6 and includes the Deputy Director
General of Lands and Mines and an Assistant Director General of Lands and Mines;
“Director General of Survey and Mapping” means the officer performing the duties of the head of the Survey and Mapping
Department;
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Laws of Malaysia 50
“Director of Survey and Mapping” means the Director of Survey and Mapping of the State appointed under section 12, and includes a Deputy Director of Survey and Mapping appointed thereunder;
“Disaster Recovery Centre” means a centre of backup and recovery system set up by the State Authority for the continuity of business operation of the Electronic Land Administration
System;
“disposal” means any disposal of land made by the State
Authority in the exercise of any of the powers conferred by section 42 or of any of the corresponding powers conferred by any previous land law;
“district” means any area duly constituted as a district under section 11 or, by virtue of section 442, deemed to be a district so constituted;
“document of title”, in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
“easement” has the meaning assigned thereto by subsection 282(1);
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
“estate land” has the meaning assigned to it by subsections 214a(11)
and (12);
“final document of title” means any document of title relating to land held under final title, or prepared for the purpose of its being so held;
“final title” means Registry title, Land Office title and subsidiary title (that is to say, all forms of title other than qualified title);
“foreshore” means all that land lying between the shoreline and the low-water mark of ordinary spring tides;
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National Land Code 51
“forest produce” has the meaning assigned to it by any law for the time being in force in the State relating to forests;
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
“Gazette” means the Gazette of the State;
“grant” means a register document of title in Form 5b (that is to say, in the form appropriate under this Act to land held under
Registry title in perpetuity);
“industrial purposes” has the meaning assigned thereto by paragraph 117(1)(a);
“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
“land” includes—
(a)
that surface of the earth and all substances forming that surface;
(b)
the earth below the surface and all substances therein;
(c)
all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;
(d)
all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and
(e)
land covered by water;
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Laws of Malaysia 52
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
“Land Office title” means title evidenced by a Mukim grant or
Mukim lease, or by any document of title registered in a Land
Office under the provisions of any previous land law;
“land revenue” means every sum now due, or which shall hereafter become due, to the State Authority on account of any premium or rent payable in respect of alienated land, or under any licence or permit relating to land, and fees of any kind (including arrears of fees and, notwithstanding that they constitute items of Federal revenue, any fees, costs or other sums payable in connection with the carrying out of any survey by the Survey and
Mapping Department) chargeable under this Act or any previous land law;
“lease” means a registered lease or sublease of alienated land;
“licensed land surveyor” means a surveyor licensed to practise under the Licensed Land Surveyors Act 1958 [Act 458];
“lot” means any surveyed piece of land to which a lot number has been assigned by the Director of Survey and Mapping;
“mining land” means any land in respect of which a mining lease or certificate granted or issued under any written law relating to mining is for the time being in force;
“Minister” means the Minister charged with the responsibility for lands;
“mukim” means any area duly constituted as a mukim under section 11 or, by virtue of section 442, deemed to be a mukim so constituted;
“Mukim grant” means a register document of title in Form 5d
(that is to say, in the form appropriate under this Act to land held under Land Office title in perpetuity);
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National Land Code 53
“Mukim lease” means a register document of title in Form 5e
(that is to say, in the form appropriate under this Act to land held under Land Office title for a term of years);
“Mukim Register” means any register maintained under section 159;
“penghulu” means a Penghulu or Assistant Penghulu duly appointed as such;
“planning authority” means any authority having jurisdiction under any law for the time being in force relating to town planning, country planning or both;
“pre-computation plan” means a plan of the layout of lots prepared by Director of Survey and Mapping or licensed land surveyor showing the intended new boundaries and areas of those lots which are based on computation from existing survey data and other relevant data, where the linear misclosure of the computation is not less than one part in four thousand;
“prescribed” means prescribed by rules made by the State
Authority under section 14;
“to present” means to deliver for registration;
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
“prohibitory order” has the meaning assigned thereto by section 334;
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
“provisional register document of title” means a register document of title prepared in accordance with section 175c;
“purchaser” means a person or body who in good faith and for valuable consideration acquires title to, or any interest in, land;
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Laws of Malaysia 54
“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
“Registrar” means—
(a)
in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to
Registry title, or under subsidiary title dependent on a
Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12;
(b)
in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land
Office title, the Land Administrator;
“Registry title” means title evidenced by a grant or a State lease, or by any document of title registered in a Registry under the provisions of any previous land law;
“rent” includes—
(a)
any annual sum payable to the State Authority by way of rent;
(b)
any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and
(c)
any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14;
(d)
(Deleted by Act A615);
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National Land Code 55
“reserved land” means land for the time being reserved for a public purpose in accordance with section 62 or any previous land law;
“restriction in interest” means any limitation imposed by the State Authority on any of the powers conferred on a proprietor by Part Nine, or on any of his powers of dealing under
Division IV, and any like limitation imposed under any previous land law;
“river” means any river, stream, creek or other natural watercourse, and any tributary, distributary or artificial deviation thereof;
“rock material” means any rock, stone, gravel, common sand, common earth, common laterite, loam, common clay, soil, mud, turf, peat, coral, shell, and any other rock materials within or upon any land, and includes processed materials therefrom, other than minerals defined under any written law relating to mining which is for the time being in force;
“Settlement Officer” means a Settlement Officer appointed under section 12;
“shoreline” means the high-water mark of ordinary spring tides;
“State” means any State to which this Act applies;
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy
Director of Lands and Mines appointed thereunder;
“State land” means all land in the State (including so much of the bed of any river, and of the foreshore and bed of the sea, as is within the territories of the State or the limits of territorial waters) other than—
(a)
alienated land;
(b)
reserved land;
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Laws of Malaysia 56
(c)
mining land;
(d)
any land which, under the provisions of any law relating to forests (whether passed before or after the commencement of this Act), is for the time being reserved forest;
“State lease” means a register document of title in Form 5c
(that is to say, in the form appropriate under this Act to land held under Registry title for a term of years);
“subdistrict” means any area duly constituted as a subdistrict under section 11 or, by virtue of section 442, deemed to be a subdistrict so constituted;
“subdivided building”, in relation to subdivision of any building under the Strata Titles Act 1985 [Act 318], includes subdivision of building or land;
“sublease” means a registered sublease of any alienated land;
“subsidiary register” means the register of subsidiary title maintained under the provisions of the repealed section 161
(which nonetheless, by virtue of, and subject to, subsection 82(2)
of the Strata Titles Act 1985, continues to apply to the matters mentioned, and to the extent provided, in that subsection), and includes a strata register as defined in section 4 of that Act;
“subsidiary title” means title issued under this Act to any of the individual parcels within a building which has been subdivided pursuant to the provisions of the repealed Chapter 4 of Part Nine
(which Chapter nonetheless, by virtue of, and subject to, subsection 82(2) of the Strata Titles Act 1985, continues to apply to the matters mentioned, and to the extent provided, in that subsection), and includes a strata title as defined in section 4 of that Act;
“Survey and Mapping Department” means the Survey and
Mapping Department of the Government of the Federation operative in the States of Malaya;
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Subsection 5a(2)
In its application to the Federal Territory of Labuan, substitute for subsection (2) the following subsection:
“(2) For the purposes of subsection (1), the term “land Registry” means the office of the
Registrar of Titles.”.
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“Survey Officer” means the Director of Survey and Mapping or any Survey Officer appointed under section 12;
“survey reference mark” means any beacon, standard traverse mark, road box, electronic distance measurement (EDM) base, state boundary pillar, international boundary pillar, benchmark, geodetic station or other mark used in connection with survey for boundary;
“temporary occupation licence” means a licence issued under
Chapter
Chapter 2 of Part Four;
“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);
“territorial waters” has the meaning assigned to it in subsection 3(3)
of the Territorial Sea Act 2012 [Act 750];
“town land” has the meaning assigned thereto by subsection 51(2);
“trust” does not include a wakaf created in accordance with the principles of Islamic law;
“village land” has the meaning assigned thereto by subsection 51(2).
Part One (A)—COMPUTERIZED LAND
REGISTRATION SYSTEM
Coming into operation of the Computerized Land Registration
System in any land Registry 5a. (1) The Minister may, with the approval of the National Land
Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Computerized Land
Registration System in any land Registry.
(2
) For the purposes of subsection (1), the term “land Registry”
means—
(a)
in the case of land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, the office of the Registrar of Titles;
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(b)
in the case of land held or to be held under Land Office title, or under the form of qualified title corresponding to
Land Office title, the office of the Land Administrator.
(3
) Upon the coming into operation of the Computerized Land
Registration System in any land Registry—
(a)
the provisions of the Fourteenth Schedule shall apply;
and
(b)
the provisions of this Act in so far as they relate to the forms of documents of title, the procedure for the preparation and registration of any document of title, any dealing in land and any entry or endorsement of any note, memorial or memorandum or any correction or cancellation thereof on any document of title shall be read with the modifications, amendments, additions, deletions, substitutions or adaptations as provided in the
Fourteenth Schedule.
(4
) Except as provided in paragraph (3)(b), all other provisions of this Act shall remain in force and continue to apply to every document of title, instrument or other document prepared under the Computerized Land Registration System.
Amendment of the Fourteenth Schedule 5b. The Minister may, with the approval of the National Land
Council, by order published in the Gazette of the Federation, make any amendment to the Fourteenth Schedule that he may consider necessary, desirable or expedient.
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Subsection 5d(2)
In its application to the Federal Territory of Labuan, delete paragraph (b).
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Part One (B)—MODIFICATIONS TO FACILITATE THE
IMPLEMENTATION OF THE PENGURUSAN DANAHARTA
NASIONAL BERHAD ACT 1998
Modifications to facilitate the implementation of Pengurusan
Danaharta Nasional Berhad Act 1998 5c. (1) Upon the coming into operation of the Pengurusan Danaharta
Nasional Berhad Act 1998 [Act 587], the Fifteenth Schedule which provides for the modifications to the National Land Code to facilitate the implementation of the Pengurusan Danaharta
Nasional Berhad Act 1998 shall apply and the Act shall be read subject to the provisions of the Schedule.
(2
) The Minister may, with the approval of the National Land
Council, by order notified in the Gazette of the Federation, make such amendments to the Fifteenth Schedule as he considers necessary, or expedient.
(3
) In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations and non-application of any provisions.
Part One (C) —MODIFICATIONS TO FACILITATE
THE IMPLEMENTATION OF THE ELECTRONIC LAND
ADMINISTRATION SYSTEM
Coming into operation of the Electronic Land Administration
System in any land Registry 5d. (1) The Minister may, with the approval of the National
Land Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Electronic
Land Administration System in any land Registry.
(2
) For the purpose of this section, “land Registry” means—
(a)
in the case of land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, the office of the Registrar of Titles;
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(b)
in the case of land held or to be held under Land Office title, or under the form of qualified title corresponding to
Land Office title, the office of the Land Administrator;
and
(c)
Disaster Recovery Centre in times of disaster as specified by the State Authority.
(3
) Upon the coming into operation of the Electronic Land
Administration System in any land Registry—
(a)
the provisions of the Sixteenth Schedule shall apply;
(b)
the provisions of this Act shall be read with modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Sixteenth Schedule—
(i)
in so far as they relate to the forms of document of title, the procedure for the preparation and registration of any document of title, any dealing in respect of land and any entry or endorsement of any note, memorial or memorandum or any correction or cancellation thereof on any document of title;
(ii)
in so far as they relate to the forms of document of temporary occupation licence or permit or lease of reserved land, the procedure for the preparation and authentication of any document of temporary occupation licence or permit or lease of reserved land, and entry of any note thereof on any document of aforesaid licence or permit or lease of reserved land; and
(iii)
in so far as they relate to the procedure for the payments of any item of land revenue, or the procedure for searches, or the procedure for the safe keeping of registers or other records, or the procedure for the maintenance of Presentation
Book and Correction Note-Book thereof; and 50
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(c)
the provisions of the Fourteenth Schedule shall cease to be operative.
(4
) The Minister may, with the approval of the National Land
Council, by order published in the Gazette of the Federation, make any amendment to the Sixteenth Schedule that he may consider necessary, desirable or expedient.
Part Two—ADMINISTRATION
Chapter
Chapter 1—Powers of the Federation and of Federal Officers
Director General of Lands and Mines (Federal) and other
Federal Officers
Section 6
The Director General of Lands and Mines (Federal) appointed under the Federal Lands Commiss...
General of Lands and Mines; and the Yang di-Pertuan Agong may appoint a Deputy Director General of Lands and Mines and so many Assistant Directors General of Lands and Mines and such other officers as he may consider necessary for the purposes of this Act.
Delegation of Minister’s powers to Director General
Section 7
The Minister may by notification in the Gazette of the Federation delegate to the Director...
Provided that—
(i)
this section shall not apply to any power of the Minister under this Act to make orders; and 51
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(ii)
the giving of a notification under this section with respect to any power or duty shall not prevent the
Minister from exercising that power or performing that duty in person in any case where it appears to him expedient to do so.
General powers of Director General
Section 8
The Director General may—
(a)
consult and correspond with any State Director;
(b)
require any State Director to furnish him with such returns, reports and other information as he may require relating to land administration within the State;
(c)
from time to time convene meetings of the State
Directors for the purpose of consultation concerning the administration of this Act;
(d)
with the approval of the State Director, enter within and inspect the records of any Land Registry or Land
Office in any State;
(e)
with the concurrence of the State Director, issue such circulars relating to the administration of this Act as may be considered desirable.
(2
) The Director General shall, in the exercise of the functions conferred on him by or under this Act, act in accordance with any directions given to him by the Minister.
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Subsection 10(2)
In its application to the Federal Territory of Kuala
Lumpur, this subsection shall have no application.
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National Land Council: initiation of action with respect to certain matters
Section 9
Where under Article 91 of the Federal Constitution the
National Land Council formulates any policy to be followed by the Federal and State Governments, or prepares advice with respect to any matter on which it has been consulted by any of those Governments, it shall be lawful for the Minister, on behalf of the Council, to notify the Governments or Government concerned thereof, and to make such enquiries as may appear necessary for the purpose of keeping the Council informed as to the implementation of the policy or, as the case may be, the adoption of the advice.
(2
) If it appears to the National Land Council, in considering in the exercise of any of their functions under the said Article any matter relating to the administration of this Act, that any of the provisions of the First, Fifth, Sixth or Tenth Schedule ought to be amended in any respect, or repealed, it shall be lawful for the Minister, by an order made on the recommendation of the
Council and notified in the Gazette of the Federation, to make the amendment or repeal in question.
Regulation of procedure, etc., of Survey and Mapping Department
Section 10
The Minister may, after consultation with the National Land
Council, by order notified in the Gazette of the Federation, prescribe—
(a)
the procedure to be adopted by the Survey and Mapping
Department, and the powers and duties of officers of that Department;
(b)
the fees, costs and other sums to be charged for any survey carried out by that Department;
(c)
the conditions upon which, and the authorities by whom, any such fees, costs or other sums may be varied or remitted, either in whole or in part.
(2
) Sums chargeable in connection with surveys carried out by the Survey and Mapping Department, notwithstanding that they constitute items of federal revenue, shall nevertheless be payable in the first instance to the State Authority.
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Chapter
Chapter 2—Powers of the States and of State Officers
Administrative areas
Section 11
The State Authority may by notification in the Gazette—
(a)
divide the territory of the State into districts;
(b)
divide any district into subdistricts;
(c)
divide any district or subdistrict into mukims;
(ca)
vary or alter the boundary of any district, subdistrict, mukim, town or village;
(d)
after the survey or definition thereof by or on behalf of the Director of Survey and Mapping, declare any area of the State to be a town or village.
State Director and other State Officers
Section 12
The State Authority may appoint for the State—
(a)
a State Director of Lands and Mines, a Registrar of Titles and a Director of Survey and Mapping;
(b)
so many Deputy Directors of Lands and Mines, Assistant
Directors of Lands and Mines, Deputy Registrars of
Titles, Deputy Directors of Survey and Mapping, Land
Administrators, Assistant Land Administrators, Survey
Officers, Settlement Officers and other officers as the
State Authority may consider necessary for the purposes of this Act.
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Section 11
In its application to the Federal Territory of Labuan—
(1
) delete paragraph (c);
(2
) in paragraph (ca), substitute for the words
“, mukim, town or village” the words “or town”;
(3
) in paragraph (d), delete the words “or village”.
Section 12
In its application to the Federal Territory of Kuala
Lumpur—
(1
) substitute for subsection (1) and the marginal note thereof the following subsections:
“Land Executive Committee, Registrar and other officers
P.U. (A) 430/1984
Section 12
There shall be established a Land
Executive Committee for the Federal Territory consisting of—
(a)
the Chief Secretary to the Government who shall be the Chairman;
(b)
the Secretary General of the Ministry of Federal Territories who shall be the Deputy Chairman;
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Section 12
(c)
the Attorney General or his representative;
(d)
the Secretary General of Treasury or the Deputy Secretary General of
Treasury as his alternate;
P.U. (A) 505/2002;
(e)
the Director General of Lands and
Mines;
(f)
the Senior Deputy Secretary General of the Prime Minister’s Department;
and
—see P.U. (A) 228/2013
(g)
the Commissioner appointed under section 4 of the Federal Capital Act 1960 [Act 190].
—see P.U. (A) 228/2013
(1a
) The quorum of the Land Executive
Committee shall be its Chairman and a majority of its other members mentioned in subsection (1).
—see P.U. (A) 408/1988;
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Section 12
(1b
) The Minister charged with the responsibility for lands in the Federal Territory may appoint for the Federal Territory—
(a)
a Director of Land and Mines, a
Registrar of Titles and a Director of
Survey and Mapping;
—see P.U. (A) 430/1984;
(b)
so many deputy Registrars of Titles,
Deputy Directors of Survey and
Mapping, Land Administration,
Assistant Land Administrators, Survey
Officers and other Officers as the
Minister may consider necessary for the purposes of the Act.”;
—see P.U. (A) 430/1984;
P.U. (A) 550/2002
(2
) the reference in subsection (3) thereof to the “State Authority” shall be construed as reference to the “Minister for the time being charged with the responsibility for lands in the Federal Territory”;
(3
) substitute for paragraph (3)(d) the following:
“(d) subject to the direction of the Minister for the time being charged with the responsibility for lands in the Federal
Territory, exercise general control and supervision over the Registrar,
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Section 12
and over all officers (other than the
Deputy Directors of Survey and other Survey Officers) referred to in subsection (1b).”;
P.U. (A) 220/2004
(4
) substitute for the word “officer” appearing in subsection (4) thereof the words “Chairman of the Committee or the officer”.
In its application to the Federal Territory of
Putrajaya—
(1
) substitute for subsection 12(1) and its marginal note the following subsections:
“Land Executive Committee, Registrar and other officers
Section 12
There shall be established a Land
Executive Committee for the Federal Territory of Putrajaya consisting of—
(a)
the Chief Secretary to the Government who shall be the Chairman;
(b)
the Secretary General of the Ministry of Federal Territories who shall be the Deputy Chairman;
(c)
the Attorney General or his representative;
(d)
the Secretary General of Treasury or the Deputy Secretary General of
Treasury as his alternate;
(e)
the Director General of Lands and
Mines;
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Section 12
(f)
the Senior Deputy Secretary General of the Prime Minister’s Department;
and
(g)
the President of the Perbadanan
Putrajaya appointed under section 5
of the Perbadanan Putrajaya Act 1995
[Act 536].
(1a
) The quorum of the Land Executive
Committee shall be its Chairman and a majority of its other members mentioned in subsection (1).
(1b
) The Minister charged with the responsibility for lands in the Federal Territory may appoint for the Federal Territory—
(a)
the State Director, a Registrar of Titles and a Director of Survey;
(b)
so many Deputy Registrars of Titles,
Deputy Directors of Survey, Land
Administrators, Assistant Land
Administrators, Survey Officers and other officers as that Minister may consider necessary for the purposes of this Act.”;
P.U. (A) 180/2002;
P.U. (A) 226/2013
(2
) reference in subsection (3) to “State Authority”
shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
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Modification
Section 12
In its application to the Federal Territory of Labuan—
(1
) substitute for the shoulder note the following shoulder note:
“Land Executive Committee, Registrar and other officers”;
(2
) substitute for subsection (1) the following subsection:
“12. (1) There shall be established a Land
Executive Committee for the Federal Territory of Labuan consisting of—
(a)
the Chief Secretary to the Government who shall be the Chairman;
(b)
the Secretary General of the Ministry of Federal Territories who shall be the Deputy Chairman;
(c)
the Attorney General or his representative;
(d)
the Secretary General of Treasury or the Deputy Secretary General of
Treasury as his alternate;
(e)
the Director General of Lands and
Mines;
(f)
the Senior Deputy Secretary General of the Prime Minister’s Department;
and
(g)
the Chief Executive Officer of the
Perbadanan Labuan appointed under section 10 of the Perbadanan Labuan
Act 2001 [Act 609].”;
—see P.U. (A) 454/2009;
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Section 12
(3
) insert after subsection (1) the following subsections:
“(1a) The quorum of the Land Executive
Committee shall be its Chairman and a majority of its other members mentioned in subsection (1).
—see P.U. (A) 454/2009;
(1b
) The Minister charged with the responsibility for lands in the Federal
Territory may appoint for the Federal
Territory of Labuan—
(a)
a Director of Lands and Mines;
(b)
a Registrar of Titles;
(c)
a Director of Survey and Mapping;
and
(d)
such number of Deputy Directors of
Lands and Mines, Deputy Registrars of Titles, Deputy Directors of
Survey and Mapping, Survey
Officers, Settlement Officers and other officers.”;
(4
) in subsection (2), substitute for the words
“paragraph (1)(b)” the words “subsection (1b)”;
(5
) in subsection (3)—
(a)
references to the “State Authority”
shall be construed as references to the “Minister charged with the responsibility for lands in the Federal
Territory”;
(b)
in paragraph (3)(c), delete the words
“and a Land Administrator”; and
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(c)
in paragraph (3)(d), substitute for the words “paragraph (1)(b)” the words
“paragraph (1b)(d)”;
(6
) in subsection (4), substitute for the words
“The State Director, the Registrar and every
Land Administrator” the words “The State
Director and the Registrar”;
(7
) delete subsection (5).
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(2
) The State Authority may define the districts, subdistricts and other areas in which any of the officers referred to in paragraph (1)(b) may exercise the powers and perform the duties conferred or imposed upon them by or under this Act.
(3
) The State Director shall—
(a)
be responsible to the State Authority for the due administration within the State of the provisions of this
Act;
(b)
act in accordance with any direction given to him by the
State Authority;
(c)
have all the powers conferred upon the Registrar and a
Land Administrator by or under this Act;
(d)
subject to the direction of the State Authority, exercise general control and supervision over the Registrar, and over all officers (other than Deputy Directors of Survey and Mapping and other Survey Officers) referred to in paragraph (1)(b).
(4
) The State Director, the Registrar and every Land
Administrator shall each have a seal of office, and every instrument purporting to bear any such seal, and to have been signed by or on behalf of the officer in question shall, unless the contrary be proved, be deemed to have been sealed and signed by him or at his direction.
(5
) Subject to subsection (3), in every district in which there may be one or more Assistant Land Administrators in addition to a Land Administrator, every Assistant Land Administrator shall exercise the powers and perform the duties conferred or imposed upon him by or under this Act in conformity with the directions of the Land Administrator.
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Delegation of powers of State Authority to State Director, etc.
Section 13
The State Authority may by notification in the Gazette delegate to the State Director, or t...
of any powers or duties conferred or imposed on the State
Authority by or under this Act:
Provided that—
(i)
this section shall not apply to any power of the State
Authority under this Act to make rules;
(ii)
this section shall not apply to any power of the State
Authority under this Act to dispose of any land—
(a)
within fifty metres of the bank of any such river as may be declared by the State Authority by notification in the Gazette;
(b)
within fifty metres from the edge of any such lake or spring as may be declared by the State
Authority by notification in the Gazette, with the edge of any such lake or spring to be delineated therein; and
(c)
within fifty metres of any shoreline;
(iii)
the giving of a notification under this section with respect to any power or duty shall not prevent the State Authority from itself exercising that power or performing that duty in any case where it appears to the State Authority expedient to do so.
(2
) For the purposes of paragraph (ii) of the proviso to subsection (1), “river” includes a reservoir of water resulting from the damming of a river.
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Proviso to subsection 13(1) In its application to the Federal Territory of Putrajaya, insert after paragraph (i) the following paragraph:
“(ia) This section shall not apply to the power of the State Authority under section 11”.
—see P.U. (A) 180/2002
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Power of State Authority to make rules
Section 14
Subject to subsection (2), the State Authority may make rules generally for carrying out th...
Act within the State, and in particular, but without prejudice to the generality of the foregoing, may by such rules make provision with respect to—
(a)
the mode in which applications for State land are to be made;
(aa)
the exemption of any disposal of land, or any dealing or other act with regard to alienated land or any interest in land from the requirement in subsection 433b(1) or 433e(1), as the case may be;
(ab)
the exemption of any non-citizen or foreign company or class of non-citizen or foreign company from
Part Thirty-three (A) and the circumstances in which the exemption may be given;
(b)
the issue, under Chapters 2 and 3 respectively of Part Four, of temporary occupation licences and permits to extract and remove rock materials, and the issue for the purposes of section 427 of permits for the grazing of animals;
(c)
the control and management of reserved land, and the leasing thereof under section 63;
(d)
the sale by auction of land required by or under this Act to be so sold;
(e)
the rates (being rates per †hectare or other lesser unit of †area) at which the rent to be reserved on, and the premium, if any, to be charged in respect of, the alienation under this Act of land of any class or description are, subject to the provisions of this Act, to be calculated;
† In respect of underground land, substitute for the words “hectare” and “area” the words “cubic metre” and “volume” respectively—see P.U. (A) 204/1997.
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Section 14
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister for the time being charged with the responsibility for lands in the Federal Territory”.
P.U. (A) 534/1983
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan—
(1
)
references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”;
(2
)
in paragraph 14(1)(k), substitute for the words
“12(1)” the words “12(1b)”.
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(f)
the payments to be made under, and other incidents of, including matters relating to refund or forfeiture of any sum paid as deposit, licences and permits issued under this Act;
(g)
the fees or levy to be paid in connection with any matter arising under this Act;
(ga)
the remission in whole or in part of any levy to be paid under paragraph (g) or the exemption of any non-citizen or foreign company from the payment of such levy or any part thereof;
(h)
the scale of costs to be paid in relation to enquiries under this Act;
(i)
the places at which, and officers to whom, any item of land revenue is to be paid;
(j)
the collection, remission, rebate, payment by instalments or deferment of payment of any item of land revenue;
(ja)
the offences which may be compounded and the method and procedure for compounding such offences;
(k)
the powers and duties of any officers appointed under subsection 12(1); and
(l)
in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
(1a
) Notwithstanding paragraphs (1)(aa), (ab), (g) and (ga), the
State Authority shall not make rules under paragraph (aa), or (ab), or under paragraph (g) with respect to any levy to be paid under this Act, or under paragraph (ga), except in accordance with the directions given by the National Land Council.
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Modification
Section 15
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
substitute for the words “The State Director, the Registrar and any Land Administrator”
the words “The State Director and the
Registrar”; and
(b)
in paragraph (d), references to the “State
Secretary” shall be construed as references to the “Chief Secretary to the Government”;
(2
) in subsection (3), substitute for the words
“12(1)” the words “12(1b)”.
Paragraph 15(1)(d)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Secretary” shall be construed as reference to the “Chief Secretary”.
In its application to the Federal Territory of
Putrajaya, reference to “State Secretary” shall be construed as reference to “Chief Secretary”.
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(2
) Nothing in subsection (1) shall empower the State Authority to make rules with respect to the practice or procedure of the
Survey and Mapping Department, or the powers or duties of Survey
Officers, or with respect to any matter concerning payments in connection with surveys carried out by the Survey and Mapping
Department other than the collection of such payments.
General powers of State Director, etc.
Section 15
The State Director, the Registrar, and any Land Administrator, may for the purposes of this...
(a)
at all reasonable times have free access to, and enter upon, any land in the State;
(b)
conduct enquiries in accordance with the provisions of
Chapter
Chapter 4;
(c)
administer oaths and affirmations, examine any witness on oath or affirmation, summon any person before him, take and record the evidence of any such person and award costs to any person appearing and giving evidence before him;
(d)
with the approval of the State Secretary, inspect and take copies of any documents available in any public office in the State;
(e)
by a notice in Form 2b, require any person or body—
(i)
to produce for inspection or any other purpose provided under this Act, any document of title, or other document relating to land, in his possession or control;
(ii)
to give him such information as that person or body may possess as to the whereabouts of any such document; or 59
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(iii)
to produce the issue document of title for the purpose of standardization of the express conditions and restrictions in interest under section 381a, and take copies of, or extracts from, any such document:
Provided that no person or body shall be compelled by virtue of this paragraph to produce any document which he could not be compelled to produce on the trial of a suit;
(f)
require any application made to him pursuant to the provisions of this Act to be supported by such affidavit or statutory declaration as he may consider necessary or proper;
(g)
exercise all other powers conferred on him by this Act, and all such powers ancillary or incidental thereto as may be reasonably necessary to carry out the purposes of this Act.
(2
) The Director of Survey and Mapping, the Deputy Director of Survey and Mapping and any other Survey Officer may for the purposes of this Act (and without prejudice to the exercise of any powers conferred upon him by any other written law)
exercise any of the powers referred to in paragraphs (1)(a), (e)
and (g).
(3
) Any other officer appointed under subsection 12(1) and authorized by the State Director either generally or specially in that behalf may for the purposes of this Act exercise such of the powers referred to in paragraphs (1)(a) to (f) as are specified in the authorization.
Actions by and against the State Authority
Section 16
The State Director may, on behalf of the State Authority, commence, prosecute and carry on...
(a)
State land;
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Provisions of the
National Land Code
Modification
Section 16
In its application to the Federal Territory of
Putrajaya, delete the words “, the State’s Legal
Adviser” which appears in subsection (3).
Laws of Malaysia 90
(b)
any contract concerning land to which the State Authority is a party;
(c)
any trespass to, or other wrong committed in respect of, land;
(d)
the recovery of any item of land revenue, or any instalment thereof; or
(e)
the recovery of any fine, or the enforcement of any penalty, under this Act.
(2
) Any action, suit or other proceedings relating to land in which it is sought to establish any liability on the part of the
State Authority shall be brought against the State Director in the name of his office and shall not in any circumstances be in the name of any officer.
(3
) In any action, suit or other proceedings to which this section applies, the State Director may appear personally, or may be represented by any advocate and solicitor, any Federal
Counsel, the State’s Legal Adviser or any Land Administrator or other officer appointed under subsection 12(1).
Power to require removal, etc., of trees
Section 17
The Land Administrator may require the proprietor of any alienated land, or the lessee for...
Provided that no compensation shall be paid in the case of any tree standing within twenty-two metres of the centre line of any road maintained by the Federal Government, the State
Government or any public authority unless it is proved that the tree was in existence prior to the construction of the road:
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Provisions of the
National Land Code
Modification
Subsection 16(3)
In its application to the Federal Territory of Labuan—
(1
) delete the words “or any Land Administrator”;
(2
) substitute for the words “12(1)” the words
“12(1b)”.
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Provided further that where the proprietor or lessee fails to trim, fell or remove any tree as required by the Land Administrator, the Land Administrator may himself cause the tree to be trimmed, felled or removed, and the cost of carrying out such work shall be recoverable from the proprietor or lessee as a debt due to the
State Authority.
Power to consolidate notices, orders and notifications
Section 18
The State Director, the Registrar or any Land Administrator may, in such manner as he may t...
Chapter
Chapter 3—General provisions relating to officers, etc.
Information to be kept secret
Section 19
Every officer appointed under this Part, and every person employed in any Survey Office, La...
(a)
shall maintain, and aid in maintaining, the secrecy of all matters which come to his knowledge in the performance of his duties; and
(b)
except for the purpose of carrying into effect the provisions of this Act, shall not communicate or divulge, or aid in divulging, any such matter to any other person.
Purchase of land by officers, etc.
Section 20
Where any land or interest therein is offered for sale in pursuance of any provision of thi...
(a)
the State Director, Registrar and Director of Survey and
Mapping of the State in which the land or interest is situated;
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Provisions of the
National Land Code
Modification
Section 18
In its application to the Federal Territory of Labuan, substitute for the words “The State Director, the
Registrar or any Land Administrator” the words
“The State Director or the Registrar”.
Section 19
In its application to the Federal Territory of Labuan, delete the words “, Land Office”.
Laws of Malaysia 94
(b)
any Land Administrator, District Officer, Settlement Officer or Survey Officer having jurisdiction in the district or subdistrict in which the land or interest is situated;
(c)
any person employed under any of the officers referred to in paragraph (a) or (b);
(d)
any person having any duty to perform in connection with the sale.
Officers to be public servants
Section 21
Every officer appointed under this Part shall be deemed to be a public servant within the m...
Protection of officers
Section 22
No officer appointed under this Part shall be liable to be sued in any civil court for any...
Chapter
Chapter 4—Provisions relating to enquiries
Interpretation
Section 23
In this Chapter—
“Land Administrator” includes the State Director, the Registrar, and any other person required or empowered to hold an enquiry;
“enquiry” means an enquiry held under any provision of this Act.
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Provisions of the
National Land Code
Modification
Paragraph 20(b)
In its application to the Federal Territory of Labuan, delete the words “Land Administrator,”.
Section 23
In its application to the Federal Territory of Labuan, in the definition of “Land Administrator”, delete the words “, the Registrar”.
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Conduct of enquiry
Section 24
Every enquiry shall be conducted as nearly as may be in accordance with the provisions of t...
Time and place of enquiry
Section 25
Every enquiry shall be held at such place and time as the
Land Administrator may direct.
Enquiry to be open to public
Section 26
Every enquiry shall be open to the public unless the Land
Administrator shall, for special reasons to be recorded by him, order otherwise.
Notice of enquiry
Section 27
Before holding any enquiry, the Land Administrator shall—
(a)
publish, in such manner as he may consider appropriate in the circumstances of the case, a notice thereof in
Form 2a; and
(b)
serve on every person or body who is to his knowledge interested in the subject matter thereof a copy of that notice, to which shall be appended the additional notice set out in the supplement to that Form.
Cancellation and postponement of enquiries, and change of venue
Section 28
The Land Administrator may at any time cancel or postpone the holding of any proposed enqui...
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(2
) Any person or body claiming to be interested in the subject matter of any proposed enquiry may, by registered letter addressed to the Land Administrator, apply for a postponement or change of venue under this section.
(3
) Every application under subsection (2) shall state the reasons for which the postponement or change of venue is sought, and shall indicate also the nature of any evidence proposed to be given or adduced by or on behalf of the applicant.
(4
) Notice of any cancellation, postponement or change of venue under this section shall be given by the Land Administrator to every person or body on whom notice of the enquiry has been served pursuant to section 27, and in such other manner as he may consider appropriate in the circumstances of the case.
Hearing of enquiry
Section 29
On the day and at the time and place fixed for the hearing of any enquiry the Land Administ...
Provided that the Land Administrator may if he thinks it necessary or expedient to do so from time to time adjourn the hearing of any enquiry.
(2
) The Land Administrator shall give to any person or body claiming to be interested in the subject matter of any enquiry an opportunity of being heard thereat, either in person or by his advocate and solicitor, and of producing such evidence, oral or documentary, as appears to the Land Administrator to be relevant thereto.
Veracity of evidence
Section 30
Any person who at any enquiry wilfully gives false evidence commits an offence and shall, o...
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Substance of evidence and reasons for decision to be recorded
Section 31
In conducting any enquiry it shall not be necessary for the
Land Administrator—
(a)
to take down the evidence of any witness verbatim, unless he thinks it desirable to do so, or is so requested by that witness or by any other person appearing in the course of the enquiry:
Provided that the Land Administrator shall record the substance of any evidence which is not taken down verbatim;
(b)
to put in writing any decision given or order made, except in a short and concise form, showing the reasons for arriving thereat.
Inspection of record of evidence, etc.
Section 32
The record of all evidence, whether oral or documentary, taken by the Land Administrator at...
(a)
be made up in a separate file or book;
(b)
be recorded in the national language;
(c)
at all reasonable times, upon a written application in that behalf, be open to the inspection of any person or body interested in the enquiry, or his agent duly authorized in writing, or his advocate and solicitor, any of whom may, upon payment of such fee as may be prescribed, obtain copies thereof or extracts therefrom.
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No alteration, etc., of decision or order
Section 33
Save in the special circumstances specified in section 34, a decision or order of the Land...
Re-opening of enquiry
Section 34
In any of the circumstances specified in subsection (2), a Land Administrator may re-open a...
Act by himself or any predecessor in office and, where it appears to him just to do so, may vary or set aside any decision or order previously given or made therein:
Provided that no enquiry shall be re-opened under this section—
(i)
at any time after an appeal has been lodged therein as mentioned in section 37, unless the appeal is subsequently withdrawn; or
(ii)
more than three years after the date on which any decision or order therein was first given or made.
(2
) The said circumstances are as follows:
(a)
where fresh evidence of a material nature is available, not being evidence which could, by the exercise of reasonable diligence, have been produced at any earlier hearing;
(b)
where any earlier hearing was conducted in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part.
(3
) A Land Administrator shall record briefly his reasons for re-opening any enquiry under this section.
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Death etc., of Land Administrator
Section 35
If, in the course of any enquiry, or at any time before any decision or order is made there...
Former applications
Section 36
Except as provided in section 34, no Land Administrator shall hold any enquiry in which the...
Appeal
Section 37
From any decision or order given in any enquiry, an appeal shall lie to the Court in accord...
Costs of enquiry
Section 38
The Land Administrator may make such order as to the whole or any part of the costs of any...
Application of Penal Code
Section 39
In sections 193 and 228 of the Penal Code the words “judicial proceeding” shall be deemed t...
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Part Three—RIGHTS AND POWERS OF THE
STATE AUTHORITY
Chapter
Chapter 1—Property in land and powers of disposal
Property in State land, minerals and rock material
Section 40
There is and shall be vested solely in the State Authority the entire property in—
(a)
all State land within the territories of the State;
(b)
all minerals and rock material within or upon any land in the State the rights to which have not been specifically disposed of by the State Authority.
Powers of disposal of State Authority, and rights in reversion, etc.
Section 41
Without prejudice to its powers and rights under any other written law for the time being i...
(a)
all the powers of disposal conferred by section 42 with respect to—
(i)
property vested in it under section 40;
(ii)
reserved land; and
(iii)
mining land, which powers shall be exercised in such manner and to such extent as is authorized by this Act, and not otherwise; and
(b)
all the rights in reversion and other similar rights conferred on it by section 46.
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Powers of disposal
Section 42
Subject to subsection (2), the State Authority shall have power under this Act—
(a)
to alienate State land in accordance with section 76;
(b)
to reserve State land, and grant leases of reserved land, in accordance with the provisions of Chapter 1 of Part Four;
(c)
to permit the occupation of State land, reserved land and mining land under temporary occupation licences issued in accordance with the provisions of Chapter 2 of Part Four;
(d)
to permit the extraction and removal of rock material from any land, other than reserved forest, in accordance with the provisions of Chapter 3 of Part Four;
(e)
to permit the use of air space on or above State land or reserved land in accordance with the provisions of
Chapter
Chapter 4 of Part Four provided that such air space shall be within the confines of a struc...
Chapter 4 of Part Four provided that such air space shall be within the confines of a structure of any description erected thereon.
(2
) Nothing in this Act shall enable the State Authority—
(a)
to dispose of any land for the purposes of mining (within the meaning of any written law for the time being in force relating to mining);
(b)
to permit the extraction or removal of rock material from any land for the purpose of obtaining metal or mineral therefrom;
(c)
to dispose of any land for the purpose of the removal of forest produce therefrom; or 70
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(d)
to alienate any land so as to have the effect of less than two-fifths of a hectare of land subject to the category
“agriculture” or to any condition requiring its use for any agricultural purpose being held by more than one person or body, provided that the State Authority may, under exceptional circumstances, alienate such land to more than one person or body notwithstanding that it is less than two-fifths of a hectare.
Persons and bodies to whom land may be disposed of
Section 43
Subject to the provisions of Part Thirty-three (A), the powers of disposal conferred on the...
(a)
natural persons other than minors;
(b)
corporations having power under their constitutions to hold land;
(c)
sovereigns, governments, organizations and other persons authorized to hold land under the provisions of the Diplomatic
Privileges (Vienna Convention) Act 1966 [Act 636], the International Organizations (Privileges and Immunities)
Act 1992 [Act 485] and the Consular Relations (Vienna
Convention) Act 1999 [Act 595];
(d)
bodies expressly empowered to hold land under any other written law:
Provided that it shall not be necessary for a corporation to have power to hold land in order for it to be able to apply for, and be issued with, a permit to extract and remove rock material.
Extent of disposal: general
Section 44
Subject to the provisions of this Act and of any other written law for the time being in fo...
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alienated, reserved land has been leased or a temporary occupation licence (including a licence so styled under a previous land law)
has been granted in respect of any land, shall be entitled to—
(a)
the exclusive use and enjoyment of so much of the column of airspace above the surface of the land, and so much of the land below that surface, as is reasonably necessary to the lawful use and enjoyment of the land;
(b)
the right to the support of the land in its natural state by any adjacent land, and all other natural rights subsisting in respect thereof; and
(c)
where the land abuts on the foreshore or any river or public place, but subject to any express provision in the document of title, lease or licence, a right of access thereto.
(2
) For the purposes of paragraph (1)(c), land shall be taken to abut on a river or road notwithstanding that it is separated therefrom by land retained by the State Authority for use in conjunction therewith, or for purposes connected with the maintenance or preservation thereof.
Extent of disposal: minerals, rock material and forest produce
Section 45
Any person or body to whom land has been disposed of in any of the ways mentioned in sectio...
(a)
to extract, move or use within the boundaries of the land any rock material in or upon the land; and
(b)
to fell, clear, destroy or use within the boundaries thereof any forest produce thereon.
(2
) No person or body to whom land has been disposed of as aforesaid shall be entitled—
(a)
to extract any metal or mineral from any rock material in or upon the land; or 72
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(b)
to remove beyond the boundaries of the land any rock material or forest produce extracted or taken from the land or anything obtained or manufactured therefrom:
Provided that nothing in this subsection shall prevent any person or body from doing anything which is authorized by or under the provisions of any law for the time being in force relating to mining or forests; and nothing in paragraph (b) thereof shall prevent any person or body from doing anything which is authorized by a permit for the time being in force under Chapter 3
of Part Four.
Reversion, etc., to the State Authority
Section 46
Without prejudice to the provisions of any other written law for the time being in force, a...
(a)
upon the expiry of the term, if any, specified in the document of title thereto;
(b)
upon the publication in the Gazette of a notice under section 130 (that is to say, a notice published on the making of an order of forfeiture by the Land Administrator on the grounds of non-payment of rent or breach of condition);
(c)
in the circumstances mentioned in sections 351 and 352
(which relate respectively to the death of a proprietor without successors, and the abandonment of title by proprietors); and
(d)
upon the surrender thereof in accordance with the provisions of Part Twelve, and any part of alienated land affected by encroachment by the sea or any river shall revert to and vest in the State Authority in accordance with section 49.
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(2
) Without prejudice to the provisions of any other written law for the time being in force, reserved land shall cease to be reserved upon the taking effect in respect thereof of any revocation under section 64.
(3
) Leases of reserved land, and licences and permits issued under this Act, shall terminate at the expiry of the term for which they were granted or issued, or on the occurrence before that time of any event specified in that behalf in the lease, licence or permit, or in any rule made by the State Authority under section 14; and any licence or permit issued under this Act shall also terminate on the death or dissolution, except as provided in section 416, before that time of the person or body for the time being entitled to the benefit thereof.
Reversion to State Authority of an undivided share in land or parcel of subdivided building 46a. Where an undivided share in land or parcel of a subdivided building reverts to the State Authority under the provisions of this
Act, or of any other written law, or by virtue of any contract or agreement, whether oral or written, formal or informal, express or implied, the undivided share which so reverts to the State
Authority shall vest and be registered in the name of any statutory authority as may be nominated by the State Authority to hold the same on behalf, and for the benefit, of the State Authority.
Buildings to vest in State Authority on reversion, etc.
Section 47
On the reversion of any alienated land to the State
Authority, or the determination of any lease of reserved land, or of any licence or permit issued by the State Authority with respect to any land under this Act or any previous land law, there shall, subject to subsection (3), vest in the State Authority all buildings on the land (by whomsoever erected) other than any of temporary construction and capable of removal.
(2
) Subject to subsection (3), no compensation shall be payable by the State Authority in respect of any building vesting in it pursuant to this section.
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Provisions of the
National Land Code
Modification
Subsection 46(3)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister charged with the responsibility for lands in the
Federal Territory”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
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(3
) Subsections (1) and (2) shall have effect subject to any provision to the contrary in the document of title to the land in question or, as the case may be, the lease, licence or permit in question.
No adverse possession against the State
Section 48
No title to State land shall be acquired by possession, unlawful occupation or occupation u...
Effect of advance or retreat of sea, etc.
Section 49
Where the shoreline or the bed of any river advance so as to encroach on any alienated land...
Power of State Authority to vary provisions, extend time, etc.
Section 50
The State Authority shall, in addition to the like powers conferred by Part Seven in respec...
(a)
to vary or rescind any provision contained (expressly or by implication) in any lease of reserved land, or in any licence or permit issued under this Act or the provisions of any previous land law, where satisfied that compliance therewith is impossible or that great hardship would otherwise accrue to the person or body for the time being entitled to the benefit of the lease, licence or permit, as the case may be; and
(b)
to extend, on such terms as the State Authority may think fit to impose, the time within which any act is required to be done by any such provision.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Subsection 51(2)
In its application to the Federal Territory of Labuan—
(1
) delete paragraph (b);
(2
) in paragraph (c), delete the words “or village land”.
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(2
) Any extension granted under paragraph (1)(b), and any terms imposed under that paragraph, shall operate for the benefit of or, as the case may be, be binding upon, any person who, or body which, may at any time thereafter become entitled to the benefit of the lease, licence or permit in question.
Chapter
Chapter 2—Classification and use of land
Classification
Classification of land
Section 51
For the purposes of this Act, land shall be classified as follows:
(a)
land above the shoreline; and
(b)
foreshore and seabed.
(2
) Land above the shoreline shall be classified as follows:
(a)
town land, that is to say, land in any area of the State declared in accordance with section 11 to be a town or, by virtue of section 442, deemed to be a town duly constituted as such under those provisions;
(b)
village land, that is to say, land in any area of the
State declared in accordance with section 11 to be a village or, by virtue of section 442, deemed to be a village duly constituted as such under those provisions;
(c)
country land, that is to say, all land above the shoreline other than town land or village land.
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Use of Lands Alienated under this Act
Categories of land use and application thereof to lands alienated under this Act
Section 52
For the purposes of this Act there shall be three categories of land use, to be known respe...
and “industry”; and, subject to subsection (5), where any land is alienated under this Act—
(a)
there shall be endorsed on the document of title thereto such one of those categories as the State Authority may have—
(i)
prescribed by a notification having effect in relation thereto under subsection (2); or
(ii)
in the absence of any such notification, determined in relation thereto pursuant to subsection (3);
and
(b)
the conditions to which the land becomes subject shall include accordingly—
(i)
such express conditions as may be imposed by the
State Authority by virtue of section 121 or 122;
and
(ii)
such implied conditions as are applicable thereto by virtue of section 115, 116 or 117.
(2
) The State Authority may, by notification in the Gazette, specify any area of the State, and prescribe a category of land use in relation thereto for the purposes of this section; and that category shall be the one to be endorsed under subsection (1) on the alienation pursuant to any approval given after the notification is published of any State land in that area which has not at any previous time been alienated.
(3
) Except in a case falling within subsection (2), the category of land use to be endorsed pursuant to subsection (1) on the document of title to any land shall be determined by the State
Authority at the time when the land is approved for alienation.
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Provisions of the
National Land Code
Modification
Subsection 52(5)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
which appears for the first time shall be construed as reference to the “Selangor State Authority”;
and the reference to the “State Authority” which appears for the second time shall be construed as reference to the “Government of the Federation”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” which appears for the first time shall be construed as reference to “Selangor State Authority”; and the reference to “State Authority” which appears for the second time shall be construed as reference to
“Government of the Federation”.
In its application to the Federal Territory of Labuan—
(1
) substitute for the words “this Act” the words
“any previous land law”;
(2
) reference to “the State Authority” which appears for the first time shall be construed as reference to “any previous authority” and reference to “State Authority” which appears for the second time shall be construed as reference to the “Government of the
Federation”;
(3
) substitute for the word “thereof” the words
“of the extended Code” wherever they appear.
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(4
) Copies of any notification under this section shall be published in accordance with section 433.
(5
) This section does not apply to any land alienated under this Act in pursuance of an approval given by the State Authority before the commencement thereof; and the State Authority may, on approving the alienation of any land after that commencement, direct that no category of land use be endorsed on the document of title thereto, if satisfied that the use thereof could be more appropriately controlled by the imposition of express conditions under section 120.
Use of Lands Alienated before Commencement
Conditions affecting use of lands alienated before commencement until category of land use imposed
Section 53
This section applies to all land alienated before the commencement of this Act other than l...
(2
) All land to which this section applies which is at the commencement of this Act—
(a)
country land; or
(b)
town or village land held under Land Office title, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only:
Provided that this condition—
(i)
shall not prevent—
(a)
the use of any part of the land for any purpose for which it could (under section 115) be lawfully used if it were subject instead to the category
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Provisions of the
National Land Code
Modification
Section 53
In its application to the Federal Territory of Labuan—
(1
) substitute for subsection (2) the following subsection:
“(2) All land to which this section applies which, at the commencement of the extended
Code, other than town land, shall become subject at that commencement to an implied condition that it shall be used for agricultural purposes only:
Provided that this condition—
(i)
shall not prevent—
(a)
the use of any part of the land for any purpose for which it could
(under section 115) be lawfully used if it were subject instead to the category “agriculture”; or
(b)
the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of the extended
Code; and
(ii)
shall not apply to any part of the land which is occupied by or in conjunction with—
(a)
any building lawfully erected before that commencement; or
(b)
any building erected after that commencement, the erection of which would (under section 115)
be lawful if the land were subject instead to the category
“agriculture.”;
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(b)
the continued use of any part thereof for any industrial purpose for which it was lawfully used immediately before the commencement of this Act; and
(ii)
shall not apply to any part of the land which is occupied by or in conjunction with—
(a)
any building lawfully erected before that commencement; or
(b)
any building erected after that commencement, the erection of which would (under section 115)
be lawful if the land were subject instead to the category “agriculture”.
(3
) All other land to which this section applies shall become subject at the commencement of this Act to an implied condition that it shall be used neither for agricultural nor for industrial purposes:
Provided that this condition—
(i)
shall not prevent the continued use of any part of the land for any agricultural or industrial purpose for which it was lawfully used immediately before the commencement of this Act; and
(ii)
shall not apply to any part of the land which is occupied by or in conjunction with—
(a)
any building lawfully erected before that commencement; or
(b)
any building erected after that commencement, the erection of which would (under section 116)
be lawful if the land were subject instead to the category “building”.
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Provisions of the
National Land Code
Modification
Section 53
(2
) substitute for subsection (3) the following subsection:
“(3) All other land to which this section applies shall become subject at the commencement of the extended Code to an implied condition that it shall not be used for agricultural purposes:
Provided that this condition—
(i)
shall not prevent the continued use of any part of the land for such purpose for which it was lawfully used immediately before the commencement of the extended Code; and
(ii)
shall not apply to any part of the land which is occupied by or in conjunction with any building lawfully erected before that commencement.”.
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(4
) No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434.
Application of categories of land use to lands alienated before commencement
Section 54
The State Authority may, by notification in the Gazette, specify any area of the State, and...
(a)
all land in that area which was alienated before the commencement of this Act shall become subject to a category of land use determined as provided by subsection (2) (which category shall, on or before that date, be endorsed on the register document of title thereto); and
(b)
the conditions to which any such land is subject shall become as mentioned in subsection (3):
Provided that—
(i)
the provisions of this section shall not apply to any land in the area which has previously become subject to any category of land use pursuant to an application by the proprietor under section 124, or to any direction given by the State Authority under subsection 147(3) on sanctioning its amalgamation with any other land; and
(ii)
the State Authority may in any such notification exempt any land in the area from the operation of this section.
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(2
) The category of land use to which land becomes subject by virtue of this section shall be—
(a)
in the case of land previously subject to the implied condition specified in subsection 53(2), the category
“agriculture”;
(b)
in the case of land previously subject to the implied condition specified in subsection 53(3), the category
“building”;
(c)
in the case of land previously subject to any express condition requiring its use for a particular purpose, such category as is appropriate to that purpose.
(3
) Where any land becomes subject to a category of land use by virtue of this section—
(a)
it shall become subject also to such express conditions as the State Authority may have directed under section 123, and to such implied conditions as are applicable thereto by virtue of section 115, 116 or 117; and
(b)
all conditions to which the land was previously subject shall cease to have effect, except those implied under section 114.
(4
) No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434:
Provided that this subsection does not apply to any express condition which has been subsequently varied on the application of the proprietor under section 124.
(5
) Copies of any notification under this section shall be published in accordance with section 433.
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Use of Lands Approved for Alienation before Commencement
Application of section 53 to lands approved before commencement
Section 55
This section applies to all land approved for alienation before the commencement of this Ac...
(2
) Land to which this section applies shall become subject on alienation, or at the commencement of this Act if it is then lawfully occupied in expectation of title—
(a)
in the case of land which is at that commencement country land, to the implied condition specified in subsection 53(2);
(b)
in any other case, to the implied condition specified in subsection 53(3).
(3
) No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434.
Application of section 54 to lands approved before commencement
Section 56
As from the date prescribed in any notification published with respect to any area under se...
(2
) In its application to any land by virtue of this section, paragraph 54(3)(b) shall have effect as if for the words “section 114”
there were substituted the words “section 114 and, where applicable, section 118”.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Subsection 56(3)
In its application to the Federal Territory of Labuan, substitute for the words “Land Administrator or
Registrar, as the case may be,” the word “Registrar”.
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(3
) Where any land approved for alienation before the commencement of this Act has not been alienated by the time that the notification referred to in subsection (1) is published, the
Land Administrator or Registrar, as the case may be, shall, unless the approval has previously lapsed, take action under Chapter 2 of
Part Eleven to prepare, register and issue a document of qualified title to the intended proprietor and subject to subsection (4), the land shall be so alienated before the date prescribed in the notification:
Provided that any fee in respect of the document of qualified title which the intended proprietor (other than the intended proprietor in lawful occupation of land in expectation of title) would be required to pay, shall become payable on alienation and unless sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.
(4
) Before the registration and issue of documents of qualified title under Chapter 2 of Part Eleven, the Land Administrator shall ascertain whether the items of land revenue specified in paragraphs 81(1)(a) to (d) have been paid in respect of the land and, if under that section the approval of the State Authority to the alienation of the land lapses for non-payment of any such sum, the requirement of subsection (3) shall cease to apply thereto.
Chapter
Chapter 3—Rights of access to, and use of, alienated lands
General
Section 57
Subject to subsection (2), the State Authority shall have in respect of all alienated land...
(2
) The said rights shall be exercisable in relation to any land to the extent only that their exercise in any particular respect is not inconsistent with any express provision in the document of title thereto.
(3
) The rights conferred by this Chapter shall be in addition to, and not in derogation of, any right of entry onto, or use of, land exercisable by or on behalf of the State Authority under any other written law for the time being in force.
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Nature and extent of rights
Section 58
The State Authority may carry, make or instal, and thereafter inspect, use, maintain, repai...
Provided that the State Authority shall not be entitled under this section to interfere with any building lawfully erected on any such land.
(2
) Any officer or other person or authority appointed by or acting on behalf of the State Authority shall have free access to any alienated land at all reasonable times for the purpose of surveying, setting out or marking the line of any drain, sewer, pipe, cable or wire, or for any of the purposes specified in subsection (1).
Notice of intended works
Section 59
At least one month before carrying, making or installing any drain, sewer, pipe, cable or w...
(a)
describing the nature of the intended work; and
(b)
naming a place where a plan thereof may be inspected at all reasonable times:
Provided that this subsection does not apply to the carrying out of any works with the consent of the proprietor of the land and, so far as the enjoyment of his interest will be thereby affected, of every person or body in occupation of any part thereof under any registered lease or tenancy exempt from registration, or entitled to the benefit of any easement thereover.
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(2
) Copies of any notice published under subsection (1) shall be served on the persons referred to in the proviso to that subsection and published in accordance with section 433.
Objection to intended works
Section 60
Within one month of the application of a notice under subsection 59(1) with respect to any...
(2
) Where any notice of objection has been served under subsection (1)—
(a)
the intended work shall not, in so far as it affects the land specified in that notice, be commenced without the sanction of the State Director; and
(b)
the State Director shall appoint such person or persons as he may think fit to enquire on the spot into the propriety of the intended work and the validity of the objection thereto, and to report to him thereon, and shall, on receiving the report, make an order allowing or disallowing the work, or allowing it with such modifications as he may consider necessary or desirable.
Compensation
Section 61
Where any land, tree or crop is damaged or destroyed in the exercise of any power conferred...
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Private person carrying out works 61a. (1) Where any person or body who intends to carry out any of the works mentioned in subsection 58(1) on any alienated land fails to obtain the consent of the proprietor of the land and, so far as the enjoyment of his interest will be thereby affected, of every person or body in occupation of any part thereof under any registered lease or tenancy exempt from registration, or entitled to the benefit of any easement thereover, the first-mentioned person or body may apply to the State Director for an order allowing the carrying out of such work.
(2
) Upon receiving an application under subsection (1), the
State Director shall publish in the Gazette a notice as described in subsection 59(1), and section 59 and subsection 60(1) shall apply mutatis mutandis.
(3
) Where the proprietor, person or body having any interest in the land referred to in subsection (1) has served a notice of objection on the Land Administrator, the State Director shall appoint such person or persons as he may think fit to enquire on the spot into the propriety of the intended work and the validity of the objection thereto and to report to him thereon, and shall, on receiving the report, make an order allowing or disallowing the work, or allowing it with such modifications or upon such conditions as he may consider necessary or desirable.
(4
) Where the State Director allows the intended work, the person or body carrying out the work, or his authorized agent or servant—
(a)
shall carry out the work in accordance with such modifications or conditions as are contained in the order of the State Director; and
(b)
shall have free access to any alienated land at all reasonable times for the purpose of surveying, setting out or marking the line of any drain, sewer, pipe, cable or wire, or for any of the purposes specified in subsection 58(1).
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(5
) Where the person or body carrying out the work fails to comply with any modification or condition contained in the order of the State Director, the State Director shall make an order—
(a)
directing the work to be discontinued; and
(b)
requiring the person or body to restore the land to the same state or condition as it stood at the time of the order allowing the carrying out of the work.
(6
) Where any land, tree or crop is damaged or destroyed in the carrying out of any work by any person or body under this section, the proprietor of the land or, as the case may be, the owner of the crop, shall be paid such compensation as may be agreed between such proprietor or owner of the crop and the person or body carrying out the work or, in default of an agreement between them, such compensation as may be determined by arbitration, and subsection 434(2) shall apply mutatis mutandis.
Division II—DISPOSAL OF LAND
Part Four—DISPOSAL OTHERWISE THAN BY ALIENATION
Chapter
Chapter 1—Reservation of land
Power of reservation of State land
Section 62
The State Authority may by notification in the Gazette reserve any State land for any publi...
(2
) Any notification gazetted under subsection (1) shall—
(a)
describe the reserved land;
(b)
describe the purpose for which the land is reserved;
(c)
designate the public officer for the time being having the control of the reserved land;
(d)
be conclusive evidence that the land so described is reserved for a public purpose.
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(3
) Copies of any such notification shall be published in accordance with section 433.
(4
) Without prejudice to the provisions of any other written law for the time being in force, reserved land shall not be—
(a)
disposed of by the State Authority except to the extent permitted by, and in accordance with the provisions of, section 63 and Chapters 2, 3 and 4 of this Part; or
(b)
used for any purpose other than that for which it is reserved except in pursuance of a disposition made by virtue of any of those provisions.
Power to lease reserved land
Section 63
The State Authority may, on an application made by the officer for the time being having th...
(2
) Any lease granted under this section shall be in Form 4e;
and any such lease shall have effect subject to such express conditions or other provisions as may be contained therein and, so far as not inconsistent therewith, to any other conditions or provisions which may be prescribed.
Revocation of reservation
Section 64
The reservation of any land for a public purpose (whether effected under this Act or the pr...
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Provisions of the
National Land Code
Modification
Subsection 64(1)
In its application to the Federal Territory of Labuan, substitute for the word “thereof” which appears for the first time the words “of the extended Code”.
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(2
) Where it is proposed to revoke any reservation in pursuance of subsection (1), notice of the proposal shall be published in the Gazette together with details of a time and place at which an enquiry will be held with respect thereto by the State Director;
and the State Authority—
(a)
shall not revoke the reservation until it has considered a report by the State Director setting out the nature of any objections to the proposal received by him at the enquiry, and his observations thereon and on the proposal generally, but
(b)
may thereafter revoke the reservation, either in accordance with the proposal as published, or in accordance with the proposal modified in such respects as the State
Authority may consider necessary or desirable.
(3
) Copies of any notice published under subsection (2) shall be published in accordance with section 433.
(4
) Any lease of reserved land subsisting at the time the reservation is revoked under this section shall continue in force notwithstanding the revocation.
Chapter
Chapter 2—Temporary occupation of land
Power to licence temporary occupation of State land, mining land and reserved land
Section 65
The State Authority may, in accordance with the provisions of this Chapter and of any rules...
(a)
State land;
(b)
mining land not for the time being used for the purposes of mining;
(c)
reserved land not for the time being used for the purposes for which it was reserved.
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(2
) Temporary occupation licences may be issued for any purpose other than one prohibited by subsection 42(2).
Issue of temporary occupation licences
Section 66
Temporary occupation licences may, subject to any contrary direction by the State Authority...
(a)
in the case of State land, by the Land Administrator;
(b)
in the case of mining land, by the Land Administrator acting with the approval—
(i)
of the Director of Mines, or such other officer as may for the time being be charged with the administration within the State of any written law relating to mineral development, and with the approval also of any lessee thereof;
(ii)
of the person or body for the time being entitled to the benefit of the mining lease or certificate in question;
(c)
in the case of reserved land—
(i)
by the Land Administrator acting with the approval of the officer for the time being having the control thereof; or
(ii)
by that officer, whenever and to such extent as he may be authorized in that behalf by the State
Authority.
(2
) Nothing in this section shall authorize the Land Administrator to issue temporary occupation licences in respect of—
(a)
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(b)
any such lake or spring and up to fifty metres from the edge of any such lake or spring, as may be declared by the State Authority by notification in the
Gazette in accordance with the proviso to section 13.
Duration, conditions, etc., and form of temporary occupation licences
Section 67
Except in so far as it is otherwise prescribed, every temporary occupation licence other th...
applies (that is to say, a temporary occupation licence combined with a permit to extract and remove rock material) shall be issued for a term expiring not later than the end of the calendar year in which it commences, and subject to subsection (3) may be renewed annually:
Provided that a licence issued for the purpose of enabling any public exhibition or entertainment to be held may be issued for such other term as may be appropriate in the circumstances.
(2
) Every temporary occupation licence shall have effect subject to such provisions as may be contained therein and so far as not inconsistent therewith, to any other provisions which may be prescribed.
(3
) Subject to the condition under which a temporary occupation licence is issued, the Land Administrator may on the application of a licensee renew such a licence for a term of not more than one calendar year:
Provided that there shall not be more than three renewals made in respect of a temporary occupation licence unless a prior written approval of the State Authority has been obtained.
(4
) Every temporary occupation licence other than one to which section 69 applies shall be in Form 4a and in the case of renewal of such licence it shall be endorsed with a note of such renewal and the date of its intended expiry.
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Temporary occupation licences not capable of transfer or transmission on death
Section 68
Except so far as it is otherwise prescribed, a temporary occupation licence shall not be ca...
Deposits in respect of temporary occupation licence 68a. The State Authority may if it thinks fit direct that, except in such circumstances as may be specified in the direction, the Land Administrator or other officer by whom any temporary occupation licence is issued shall require the person or body to whom it is issued to deposit with him such sum as he may consider reasonable as security for the due performance and observance of the provisions to which the licence is subject and the rehabilitation of the land to which the temporary occupation licence relates upon the termination thereof.
Combined temporary occupation licence and permit under
Chapter
Chapter 3
Section 69
Without prejudice to the generality of subsection 65(2), the purposes for which a temporary...
and, in any such case, the licence—
(a)
shall be in Form 4b; and
(b)
may be issued for a maximum term not exceeding five years, or such greater number of years as may be prescribed.
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(2
) So far as it authorizes the extraction and removal of rock material from land, a temporary occupation licence shall, notwithstanding that it is issued in accordance with, and has effect subject to, the provisions of this Chapter, be deemed to constitute a permit validity issued on behalf of the State
Authority in accordance with the provisions of Chapter 3; and accordingly—
(a)
any direction given by the State Authority under section 74 shall apply in relation to licences authorizing the extraction and removal of rock material as it applies to permits under that Chapter; and
(b)
any such licence shall have the like effect in relation to any conditions to which the land in question is for the time being subject as such a permit has by virtue of section 75.
Chapter
Chapter 3—Removal of rock material
Power to permit extraction, removal and transportation of rock material
Section 70
The State Authority may, in accordance with the provisions of this Chapter and of any rules...
(otherwise than for the purpose of obtaining metal or mineral therefrom) from—
(a)
State land;
(b)
alienated land;
(c)
mining land;
(d)
reserved land.
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Issue of permits
Section 71
Permits to extract, remove and transport rock material may, subject to any contrary directi...
(a)
in the case of State land, by the Land Administrator;
(b)
in the case of alienated land, by the Land Administrator to—
(i)
the proprietor of the land; or
(ii)
with the consent of the proprietor, any other person or body;
(c)
in the case of mining land, by the Land Administrator, acting with the approval of the Director of Mines or of such other officer as may for the time being be charged with the administration within the State of any written law relating to mineral development, to—
(i)
the person or body for the time being entitled to the benefit of the mining lease or certificate in question; or
(ii)
with the consent of that person or body, any other person or body;
(d)
in the case of reserved land—
(i)
by the Land Administrator acting with the approval of the officer for the time being having the control thereof; or
(ii)
by that officer, whenever and to such extent as he may be authorized in that behalf by the State
Authority.
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(2
) Nothing in this section shall authorize the Land Administrator to issue permits to extract, remove and transport rock material in respect of—
(a)
any such river and up to fifty metres of the bank of any such river; or
(b)
any such lake or spring and up to fifty metres from the edge of any such lake or spring, as may be declared by the State Authority by notification in the
Gazette in accordance with the proviso to section 13.
Duration, conditions, etc., and form of permits
Section 72
Except in so far as it is otherwise prescribed, every permit to extract, remove and transpo...
(2
) Every permit to extract, remove and transport rock material shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.
(3
) Every permit to extract, remove and transport rock material shall be in Form 4c.
Permits not capable of transfer or transmission on death
Section 73
Except so far as it is otherwise prescribed, a permit to extract, remove and transport rock...
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Deposits in respect of permits
Section 74
The State Authority may if it thinks fit direct that, except in such circumstances as may b...
Administrator or other officer by whom any permit to extract, remove and transport rock material is issued shall require the person or body to whom it is issued to deposit with him such sum as he may consider reasonable as security for—
(a)
the due performance and observance of the provisions to which the permit is subject; and
(b)
the rehabilitation of the land to which the permit relates upon the termination thereof.
Effect of permits on conditions affecting land
Section 75
The doing of anything authorized by any permit to extract, remove and transport rock materi...
Chapter
Chapter 4—Permit to use air space above
State land and reserved land
Power to permit use of air space above State land or reserved land 75a. The State Authority may in accordance with the provisions of this Chapter and of any rules under section 14 approve the issue of a permit for a period not exceeding twenty-one years for the purpose of erecting, maintaining and occupying a structure on
State land or reserved land, or over State land or reserved land as an adjunct to any structure on the adjoining land:
Provided that in a case involving reserved land, the consent of the officer for the time being having control thereof shall first have been obtained.
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Applications for permits 75b. (1) Any application for a permit under section 75a shall be in such form as may be prescribed, and shall be addressed to the
Land Administrator and accompanied by—
(a)
such fee as may be prescribed;
(b)
details of the structure to be erected and maintained, and a plan thereof as approved by the appropriate planning authority; and
(c)
in the case of an application involving the use of air space for the purpose of erecting a structure on or over reserved land, a letter of consent from the officer for the time being having control of that land.
(2
) The State Authority may, if it is satisfied that it is necessary in the circumstances of the case to allow the air space to be used for the purpose as specified in the application, give its approval.
Issue of permits on approval 75c. Upon approval of the application, the Land Administrator or any officer authorized by the State Authority shall issue on behalf of the State Authority, a permit in Form 4d.
Conditions, etc., of permits 75d. Every permit under section 75a shall be issued subject to the following:
(a)
an annual payment as may be determined by the State
Authority; and
(b)
such terms and conditions as may be specified.
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Permits not capable of assignment except with consent of
State Authority 75e. A permit under this Chapter shall not be capable of assignment except with the prior consent of the State Authority.
Deposit or security in respect of permits 75f. The State Authority may, if it thinks fit, direct that the Land
Administrator by whom such permit is to be issued shall, before issuing the same, require the person or body to whom it is to be issued, to deposit such sum or furnish such security as he may consider reasonable for the due performance and observance of the provisions to which the permit is subject.
Power to cancel permits 75g. (1) A permit issued under this Chapter may be cancelled by the State Authority immediately upon, or at any time after, the occurrence of a breach of any rule, term or condition to which it is subject without payment of any compensation, and thereupon any deposit or security furnished under section 75f in relation to the issue of such permit shall be forfeited to the
State Authority.
(2
) A permit issued under this Chapter may be cancelled by the State Authority at its discretion at any time before the date of expiry of the permit notwithstanding that it has not become liable to cancellation under subsection (1).
(3
) Where a permit is cancelled under subsection (2), there shall be paid to the person or body to which it was issued such compensation as may be agreed or determined under section 434.
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Part Five—DISPOSAL BY ALIENATION
Chapter
Chapter 1—Introductory
Meaning of alienation
Section 76
The alienation of State land under this Act shall consist of its disposal by the State Auth...
(a)
for a term not exceeding ninety-nine years;
(aa)
in perpetuity—
(i)
where the Federal Government requires the
State Authority to cause a grant in perpetuity to be made to the Federal Government or to a public authority or where the Federal
Government and the Government of the State agree to make a grant in perpetuity to the Federal
Government;
(ii)
where the State Authority is satisfied that the land is to be used for a public purpose; or
(iii)
where the State Authority is satisfied that there are special circumstances which render it appropriate to do so;
(b)
in consideration of the payment of an annual rent;
(c)
in consideration, unless the State Authority thinks fit to exempt therefrom in any particular case, of the payment of a premium;
(d)
subject, unless the State Authority otherwise directs pursuant to subsection 52(5), to a category of land use determined in accordance with subsections 52(2) and (3); and 99
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Provisions of the
National Land Code
Modification
Section 76
In its application to the Federal Territory of Kuala
Lumpur, the reference in the proviso thereof to the
“State Authority” which appears for the second time shall be construed as reference to the “Selangor
State Authority”.
In its application to the Federal Territory of Putrajaya, reference in the proviso to “State Authority” which appears for the second time shall be construed as reference to “Selangor State Authority”.
In its application to the Federal Territory of Labuan—
(1
) substitute for paragraph (a) the following paragraph:
“(a) for a term not exceeding ninety-nine years, provided that any alienation exceeding ninety-nine years under any previous land law prior to the commencement of the extended Code shall lapse in accordance with the said law;”;
(2
) delete subparagraph (aa)(i);
(3
) in the proviso, substitute for the words “by the State Authority before the commencement thereof” the words “under any previous land law before the commencement of the extended
Code”.
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(e)
subject to such conditions and restrictions in interest as may be imposed by the State Authority under, or are applicable thereto by virtue of, any provision of this
Act:
Provided that nothing in paragraph (aa) shall enable the State
Authority to dispose of any part of the foreshore or seabed for a period exceeding ninety-nine years; and paragraph (d) shall not apply to the alienation of land under this Act in pursuance of an approval given by the State Authority before the commencement thereof.
Titles under which land may be alienated
Section 77
The titles under which State land may be alienated under this Act are—
(a)
Registry title and Land Office title (being forms of final title); and
(b)
qualified title.
(2
) Land may be alienated under qualified title at any time after its alienation has been approved by the State Authority, but may not be alienated under either of the forms of final title aforesaid unless—
(a)
it has been surveyed in accordance with section 396
(whether for the purposes of the alienation in question or on some previous occasion); or
(b)
having been surveyed under any previous land law, it is shown on a certified plan prepared on that survey and adopted by the Director of Survey and Mapping for the purposes of this Act.
(3
) Of the said forms of final title—
(a)
Registry title shall be appropriate in the case of—
(i)
town or village land;
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Provisions of the
National Land Code
Modification
Section 77
In its application to the Federal Territory of Labuan—
(1
) in paragraph (1)(a)—
(a)
delete the words “and Land Office title”; and
(b)
substitute for the word “forms” the word “form”;
(2
) in subsection (2), substitute for the words
“either of the forms” the words “the form”;
(3
) delete subsection (3) and its proviso.
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(ii)
any lot of country land exceeding four hectares in area; and
(iii)
any part of the foreshore or seabed; and
(b)
Land Office title shall be appropriate in the case of any lot of country land not exceeding four hectares in area:
Provided that—
(i)
the State Authority may if it thinks fit, on approving the alienation of any country land, direct that the land shall ultimately be held under Registry title notwithstanding that its area does not exceed four hectares; and
(ii)
the foregoing provisions shall have effect subject to section 11 of the Land (Group Settlement Areas) Act 1960, under which Land Office title is required to be issued in respect of all holdings under that Act.
Section 77a
(Deleted by Act A615).
How alienation is effected
Section 78
The alienation of State land under final title shall be effected in accordance with the pro...
(2
) The alienation of State land under qualified title shall be effected in accordance with the provisions of Chapter 2 of Part Eleven.
(3
) The alienation of State land shall take effect upon the registration of a register document of title thereto pursuant to the provisions referred to in subsection (1) or (2), as the case may be; and, notwithstanding that its alienation has been approved by the State Authority, the land shall remain State land until that time.
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Provisions of the
National Land Code
Modification
Subsection 78(3)
In its application to the Federal Territory of
Labuan, substitute for the full stop at the end of the subsection a colon and insert the following proviso:
“Provided that this section shall not apply to any land alienated under any previous land law in pursuance of an approval given by the appropriate authority in exercise of its powers under the Land
Ordinance [Sabah Cap. 68] as modified by the
Federal Territory of Labuan (Modification of Land
Ordinance) Order 1984 [P.U. (A) 291/1984].”.
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Chapter
Chapter 2—Approval of land for alienation
General provisions relating to approvals
Section 79
Where any approval of the State Authority to the alienation of land under this Act relates...
(2
) The following matters shall be determined by the State
Authority at the time when it approves the alienation of land under this Act to any person or body:
(a)
the *area approved for alienation **or (in the case of land requiring to be surveyed) the area provisionally approved;
(b)
the period for which the land is to be alienated;
(ba)
(Deleted by Act A1104);
(c)
the form of final title under which the land is ultimately to be held;
(d)
the rate per ***hectare or other lesser unit of *area at which the rent to be reserved thereon is to be calculated;
(e)
the question whether any premium is to be charged and, if so, the rate per ***hectare or other lesser unit of
*area at which it is to be calculated;
*
In respect of underground land, substitute for the word “area” the word “volume”
**
In respect of underground land, delete the words “or (in the case of land requiring to be surveyed) the area provisionally approved”—see P.U. (A) 204/1997.
*** In respect of underground land, substitute for the word “hectare” the words “cubic metre”
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(f)
the question whether (as permitted by subsection 52(5))
the land is to be alienated free from any category of land use and, if not, the category to be imposed (unless already prescribed by a notification having effect in relation to the land under subsection (2) of that section);
and
(g)
the express conditions and restrictions in interest, if any, to be imposed.
Supplementary provisions relating to approvals
Section 80
The rates of rent and premium determined by the State
Authority in pursuance of paragraphs 79(2)(d) and (e) shall, in the case of land of any class or description with respect to which rates are for the time being prescribed, be the rates so prescribed:
Provided that the State Authority may, in relation to rent or premium or both, determine different rates if it thinks fit to do so in the circumstances of any particular case, and may in particular (but without prejudice to the generality of the foregoing)
determine—
(i)
a higher rate of rent in a case where no premium is to be charged; or
(ii)
a nominal rate of rent where the land is to be alienated for any religious, educational, charitable or public purpose.
(2
) The State Authority may if it thinks fit direct that any State land be sold by auction; and in any such case, the State Authority shall, on the acceptance on its behalf of any bid for the land, be treated for the purposes of this Act as having approved the alienation thereof to the person or body by or on whose behalf the bid was made, and as having determined the matters specified in paragraphs 79(2)(a) to (g) in accordance with the terms on which the land was auctioned.
(3
) Subject to subsection 81(2), upon the approval of the alienation of any land by the State Authority under this Act and upon payment of all fees the Registrar shall prepare, register and issue a qualified title in respect of the land.
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(3a
) Notwithstanding subsection (3) and subsection 180(1), the
Registrar may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the land.
(4
) Any land approved before the commencement of this Act for alienation under any previous land law, but not in fact so alienated, shall be taken as from that commencement to have been approved for alienation under this Act on the same terms as those determined by the State Authority at the time the approval was actually given:
Provided that the said terms—
(i)
shall, if they provided for the land to be alienated rent-free, or for rent to be paid in respect thereof otherwise than at a rate per hectare or lesser unit of area, be modified by the State Authority so as to provide for the payment of rent at such a rate; and
(ii)
may, even where they provided for the payment of rent at such a rate, be modified if the State Authority thinks fit by the substitution of a different rate, whether higher or lower.
Items of land revenue payable on approval
Section 81
The following sums shall become due to the State Authority at the time when it approves the...
(a)
the first year’s rent payable in respect of the land, computed on the basis of the *area approved, or provisionally approved, for alienation;
(b)
the premium, if any, so payable, computed on the like basis;
* In respect of underground land, substitute for the word “area” the word “volume”
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Provisions of the
National Land Code
Modification
Subsection 80(4)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
which appears for the first time shall be construed as reference to the “Selangor State Authority”.
In its application to the Federal Territory of Putrajaya, reference to “State Authority” which appears for the first time shall be construed as reference to
“Selangor State Authority”.
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(c)
the amount, or estimated amount, of any survey fees chargeable in respect of the land where the land is to be surveyed by a Survey Officer; and
(d)
the fees chargeable in connection with the preparation and registration of—
(i)
documents of qualified title and final document of title; or
(ii)
final document of title.
(2
) As soon as may be after any sums have become due in respect of any land by virtue of subsection (1), the Land Administrator shall, by notice in Form 5a, require the intended proprietor to pay them to him within the time specified in that behalf in the notice; and if any such sum is not so paid within the specified time, the approval of the State Authority to the alienation shall thereupon lapse.
(3
) So far as any of the sums specified in subsection (1) are at the commencement of this Act outstanding in respect of any land approved for alienation under the provisions of any previous land law, the provisions of this section shall apply thereto as if the land had been approved for alienation immediately after that commencement:
Provided that no fee chargeable in connection with the preparation and registration of documents of qualified title shall be payable if the approval of the State Authority was given under the provisions of a previous land law to a person who, pursuant to the approval, was at the commencement of this Act lawfully in occupation of the land in expectation of title.
(4
) For the purposes of this section, subsections 96(1) and (2)
shall apply to the computation of premiums as they apply to the computation of rent.
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Power to require payment of deposit
Section 82
The State Authority may if it thinks fit direct that no application for the alienation of l...
(2
) On receiving any application to which any such direction applies, the Land Administrator shall, by notice in Form 5a, require the applicant to deposit the said amount with him within the time specified in that behalf in the notice; and if the amount demanded is not so deposited within the specified time, the application shall thereupon be deemed to have been withdrawn.
Chapter
Chapter 3—Alienation under final title
Survey for purposes of alienation under final title
*83. (1) Subject to subsections (2) and (3), where any land is surveyed in accordance with section 396 for the purpose of its alienation under final title, the boundaries determined on the survey shall accord as nearly as may be with those indicated by the plan and description by reference to which the approval of the State Authority was given.
(2
) The Director of Survey and Mapping may if he thinks it necessary or desirable to do so in the circumstances of any particular case authorize the determination on any such survey of boundaries which are at variance with those indicated as aforesaid, but not so as to cause the determination of boundaries the area enclosed by which would, in his opinion, exceed to any substantial extent that provisionally approved for alienation.
* In this section, in respect of underground land, substitute for the word “area” wherever appearing therein the word “volume”—see P.U. (A) 204/1997.
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(3
) Where it appears to the Director of Survey and Mapping that the area enclosed by the boundaries determined on any such survey is substantially different from that provisionally approved for alienation, he shall, before approving any plan of the land under the said section 396, refer the matter to the State Authority, and cause the boundaries to be redetermined to such extent, and in such manner, if any, as the State Authority may direct.
(4
) No person to whom any land is alienated under this Act shall have any claim against the State Authority on the ground that the area in fact so alienated is smaller than that provisionally approved for alienation.
Recomputation of items of land revenue after survey
Section 84
After any land has been surveyed for the purpose of its alienation under final title, and b...
(a)
shall become payable to or by the State Authority at the time when the land is alienated as aforesaid; and
(b)
in the case of amounts underpaid, shall, if not sooner paid, be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.
(2
) For the purposes of subsection (1), subsections 96(1) and (2)
shall apply to the computation of premiums as they apply to the computation of rent.
* In respect of underground land, substitute for the word “area” the word “volume”
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 85
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “or, as the case may be, 87”;
(2
) substitute for subsection (2) the following subsection:
“(2) The documents referred to in subsection (1) shall be prepared by the
Registrar and each such document shall relate to one lot.”.
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Register and issue documents of title
Section 85
For the purpose of the alienation of land under this
Act under final title, there shall be prepared in accordance with section 86 or 87—
(a)
a register document of title, on the registration of which in accordance with section 88 the alienation shall take effect; and
(b)
an issue document of title, which shall be issued to the proprietor of the land in accordance with section 90.
(2
) The documents referred to in subsection (1) shall be prepared—
(a)
in the case of land to be alienated under Registry title, by the Registrar; and
(b)
in the case of land to be alienated under Land Office title, by the Land Administrator, and (except where it relates to a rural holding under the Land
(Group Settlement Areas) Act 1960) each such document shall relate to one lot.
Form of documents for Registry title
Section 86
In the case of land to be alienated under Registry title—
(a)
the register document of title shall consist of a grant in
Form 5b or a State lease in Form 5c, according as the land is to be alienated in perpetuity or for a term of years;
(b)
the issue document of title shall consist of a copy of the register document of title; and
(c)
both the register document of title and the issue document of title shall include a plan of the land, certified as correct by or on behalf of the Director of Survey and
Mapping.
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Form of documents for Land Office title
Section 87
In the case of land to be alienated under Land Office title—
(a)
the register document of title shall consist of a Mukim grant in Form 5d or a Mukim lease in Form 5e, according as the land is to be alienated in perpetuity or for a term of years, and shall be prepared in the appropriate book of the Mukim Register;
(b)
the issue document of title shall consist of a copy of the register document of title; and
(c)
both the register document of title and the issue document of title shall include a plan of the land, certified as correct by or on behalf of the Director of Survey and Mapping.
Registration of register documents of title
Section 88
The registration of a grant or State lease shall consist of its authentication under the ha...
(2
) The date of registration of any such register document of title shall be inscribed thereon by the Registrar or, as the case may be, Land Administrator.
(3
) For the avoidance of doubt, it is declared that, upon the registration of any register document of title in accordance with subsection (1), the alienation shall take effect without need of formal acceptance by or on behalf of the person named therein as proprietor.
Conclusiveness of register documents of title
Section 89
Every register document of title duly registered under this
Chapter shall, subject to the provisions of this Act, be conclusive evidence—
(a)
that title to the land described therein is vested in the person or body for the time being named therein as proprietor; and 109
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Provisions of the
National Land Code
Modification
Section 87
In its application to the Federal Territory of Labuan, delete this section.
Section 88
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “; and the registration of a Mukim grant or Mukim lease shall consist of its authentication under the hand and seal of the Land Administrator”;
(2
) in subsection (2), delete the words “or, as the case may be, Land Administrator”.
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(b)
of the conditions, restrictions in interest and other provisions subject to which the land is for the time being held by that person or body, so far as the same are required by any provision of this Act to be specified or referred to in that document.
Issue of issue documents of title
Section 90
Where any issue document of title prepared under this
Chapter is ready for issue to the proprietor of any land, the Land
Administrator may serve on the proprietor a notice in Form 5f requiring him to attend in accordance with the terms of the notice, for the purpose of taking delivery of the document and paying any item of land revenue then outstanding in respect of the land.
(2
) The Land Administrator shall require the receipt of any issue document to be acknowledged in such form as may be prescribed.
(3
) Where any issue document is not collected by the proprietor or his agent pursuant to any notice under subsection (1), it shall be retained by the Registrar or Land Administrator for issue in such circumstances, and upon payment of such fees, as may be prescribed.
Extension of land alienated for a term of years 90a. (1) The proprietor of any land alienated for a term of years may apply to the State Authority for the term to be extended.
(2
) The application shall be made before the expiry of the term specified in the document of title.
(3
) Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.
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Provisions of the
National Land Code
Modification
Subsection 90(3)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
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(4
) The State Authority shall not entertain any such application unless the State Authority is satisfied with respect to every person or body having a registered interest in the land, either that he has consented to the application or that his consent ought in the circumstances of the case to be dispensed with.
(5
) The approval or rejection of an application under subsection (1) shall be at the discretion of the State Authority, and such approval if given, may be subject to—
(a)
payment of premium as may be determined by the State
Authority; and
(b)
other charges as may be prescribed.
(6
) Subject to subsection (9), where the State Authority approves such application, the Land Administrator shall cause to be served on the proprietor a notice in Form 5a requiring him to pay any sum specified in subsection (5) within the specified time and if any such sum is not paid within such time the approval of the
State Authority shall lapse.
(7
) As soon as may be after the sum referred to in subsection (6)
has been paid, the Land Administrator shall endorse, or cause to be endorsed, a memorial to effect such extended term on the register document of title to the land and on the issue document of title if he is able to secure or when the title is produced to him.
(8
) In the case of land with subdivided building, the application may be made by the management corporation on the authority of a unanimous resolution and such application shall be regarded as an application in respect of the alienated land and provisional block, if any, consist therein and in the case where the payment is made upon approval of the application in accordance with the foregoing provisions, the memorial to be endorsed as provided under subsection (7) shall be construed to apply also to the subsidiary titles relating to the approval.
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(9
) Nothing in this section shall preclude the State Authority from considering the application together with any other application provided under this Act.
Exemption of documents of title from stamp duty
Section 91
It is declared that no stamp duty is payable in respect of any document of title prepared u...
Indefeasibility of final title, and rights of dealing, etc.
Section 92
The alienation of State land to any person or body under final title shall confer on that p...
(2
) The rights exercisable by any person or body to whom
State land has been alienated under final title shall include the following:
(a)
the right (subject to the provisions of this Act and to any restriction in interest to which the land is for the time being subject) to subdivide or partition the land, or amalgamate it with other land, in accordance with the provisions of Chapters 1 to 3 of Part Nine;
(b)
the right (subject as aforesaid) to subdivide any building thereon in accordance with the provisions of Chapter 4
of Part Nine;
(c)
the right (subject as aforesaid) to effect transfers, leases, charges, surrenders, and any other dealings permitted under Division IV; and
(d)
the right (subject as aforesaid, and subject also to the provisions of his personal law and of any other law for the time being in force relating to the disposition or devolution of property on death) to dispose of the land, or any undivided share therein, by will.
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Part Five (A)—DISPOSAL OF UNDERGROUND LAND
Interpretation 92a. In this Part, unless the context otherwise requires—
“adjoining underground land” means underground land adjoining a stratum above, below, and on the sides of, the stratum;
“stratum” means a cubic layer of underground land; and
“underground land” means land which lies below the surface of the earth.
Specification of rights in respect of underground land upon alienation 92b. (1) Upon the alienation of any State land under this Act, the State Authority may—
(a)
specify the depth up to which the underground land directly and immediately below the alienated land may be used, and different depths may be specified in respect of different parts of such underground land:
Provided that where any regulations made under this
Part provide for the minimum depths to be specified under this paragraph, the depth so specified shall not be less than the minimum depth so provided for the class, description or location of land to which the alienated land belongs;
(b)
specify or describe the use or uses to which such underground land may be put, and different uses may be specified or described for different parts thereof;
(c)
specify the conditions subject to which such underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining underground land, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface 113
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of the land or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(d)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(2
) The matters specified by the State Authority under subsection (1) shall be endorsed on the document of title to the alienated land, and shall, for all purposes under this Act, operate as express conditions, and the provisions of this Act relating to express conditions shall accordingly apply thereto.
(3
) The nature of any use to be specified or described under paragraph (1)(b) may be—
(a)
such use as is reasonably necessary to the lawful use and enjoyment of the surface of the alienated land;
(b)
use which is independent of and unrelated to any lawful use to which the surface of the alienated land may at any time be put, or any category of land use, or any express conditions, to which the alienated land is subject; or
(c)
partly a use to which paragraph (a) applies and partly a use to which paragraph (b) applies.
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(4
) For the avoidance of doubt, it is declared that the underground land below any depth specified under paragraph (1)(a) shall remain vested in the State Authority as State land.
Alienation of underground State land 92c. (1) The State Authority may alienate under this Act a stratum of underground land below any State land, including any underground land which is State land by virtue of subsection 92b(4)—
(a)
extending from such depth below the surface of such State land to such further depth below such surface; and
(b)
subject to paragraph (a), of such cubic dimensions, and having such boundaries, as may be specified in the document of title, which shall be a final document of Registry title.
(1a
) For the purpose of subsection (1), the Registrar may register and issue document of qualified title first before its continuation into final title where it appears just and expedient.
(2
) Upon the alienation of any underground land under this section, the State Authority may—
(a)
specify or describe the use or uses to which the underground may be put, and different uses may be specified or described for different parts thereof;
(b)
specify the conditions subject to which the underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining land and all adjoining underground land, and for the provision of access at one or more places, as the
State Authority may specify, from all parts of the
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underground land to the surface of the State land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(d)
specify any other conditions whatsoever which the State
Authority may deem fit.
(3
) The matters specified by the State Authority under subsection (2) shall be endorsed on the document of title to the underground land, and shall, for all purposes under this Act, operate as express conditions, and the provisions of this
Act relating to express conditions shall accordingly apply thereto.
(4
) The nature of any use to be specified or described under paragraph (2)(a) may be independent of and unrelated to the use to which the surface of the State land below which the alienated underground land lies is being put or may at any time be put while it is State land or after it ceases to be State land and assumes any other status or description under this Act or under any other written law.
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(5
) For the avoidance of doubt, it is declared that the underground land below or above any underground land alienated under subsection (1) shall, unless earlier disposed of under this Act, remain vested in the State Authority as State land.
(6
) The provisions of this Act relating to alienation of land shall apply mutatis mutandis to the alienation of underground land under this section, subject to such modifications as the Minister, with the approval of the National Land Council, may, by order notified in the Gazette of the Federation, make thereto in order to facilitate their application to underground land or to remove any difficulty, and, in particular, he may make modifications to the provisions relating to survey of boundaries, categories of land use, and forms of title.
(7
) In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.
Application for independent use or alienation of underground land below alienated land 92d. (1) Where any alienated land is subject to paragraph 44(1)(a)
in so far as that paragraph applies to land below the surface of such alienated land, the proprietor of the alienated land may apply to the State Authority in writing for the whole or a part of the underground land directly and immediately below the alienated land—
(a)
to be used for a purpose which is independent of and unrelated to any lawful use to which the surface of the alienated land is being put or may at any time be put; or
(b)
to be alienated to him under section 92c as if he had surrendered all his rights in respect of it under paragraph 44(1)(a) and it were, consequently, State land, but only below such depth and up to such depth as he may specify in his application:
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Provided that the State Authority shall not entertain any such application unless rent payable in respect of the land has been paid and it is satisfied with respect to every person or body having a registered interest in the land, or in occupation of any part thereof under any tenancy exempt from registration, either that they have consented thereto or that their consent ought in the circumstances of the case be dispensed with.
(2
) The alienation of underground land on an application under paragraph (1)(b) shall be dealt with as an alienation of underground land under section 92c and the approval of the application together with the depth of the alienated land of the proprietor shall be endorsed on the document of title to the alienated land and the depth, which may also include reference to the plan issued by the Director of Survey and Mapping shall, for the purpose of this Act, operate as express conditions, and the provisions of this Act relating to the express conditions shall accordingly apply.
(3
) An application under paragraph (1)(a) shall set out—
(a)
in detail and with clarity the use or uses to which the underground land is to be put, and different uses may be set out for different parts thereof;
(b)
the depth, other dimensions, and boundaries of the stratum of underground land proposed to be put to such use or uses; and
(c)
detailed plans of the construction and other works which will be undertaken for the proposed use or uses of the underground land.
(4
) The State Authority may approve an application under paragraph (1)(a) either in accordance with the terms of the application and the proposals set out therein or with such modifications thereof as the State Authority may deem fit, and such modifications may include modifications with regard to any or all of the matters referred to in subsection (3).
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(5
) Where an application under paragraph (1)(a) is approved under subsection (4), whether with or without modifications, the approval shall be subject to—
(a)
the payment of a further premium in respect of the alienated land calculated on the basis of the extent of the enhancement in the value of the alienated land that the approved use of the underground land will result in, such premium and enhancement in value to be determined by the State Authority;
(b)
such conditions as the State Authority may impose for the provision of protection and support to all or any land adjoining the alienated land in respect of which the approval is granted and to all adjoining underground land in relation to the underground land which is the subject of the approval, and for the provisions of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the alienated land, or otherwise as may be proposed by the applicant and approved by the State
Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(c)
such conditions as the State Authority may impose with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor;
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(d)
where the application under paragraph (1)(a) is approved only in respect of a portion of the underground land below the alienated land, the condition that the remaining portion of the underground land below the alienated land shall be capable of being used under paragraph 44(1)(a)
only to such depth as the State Authority may specify in the approval;
(e)
the reservation of a new increased rent for the alienated land; and
(f)
any other conditions whatsoever which the State Authority may deem fit.
(6
) Upon payment of the further premium, and the satisfaction of any other terms which may be required by the State Authority to be satisfied prior to the grant of the approval of the application, and upon acceptance in writing by the proprietor of all the matters and conditions under subsection (5) subject to which the application is approved, the State Authority shall endorse the approval and the conditions to which it is subject upon the document of title to the land, and the conditions under paragraphs (5)(b), (c) and (d) shall, for all purposes under this
Act, operate as express conditions, and the provisions of this Act relating to express conditions shall accordingly apply thereto.
(6a
) The conditions as endorsed on the document of title referred to in subsection (6) may also include reference to the plan issued by the Director of Survey and Mapping.
(7
) Upon the endorsement of the approval on the document of title under subsection (6), the underground land below the alienated land—
(i)
which is below the depth specified in respect of the underground land for which the approval is granted; and
(ii)
which is below the depth specified in respect of the remaining underground land under paragraph (5)(d), shall remain vested in the State Authority as State land.
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Specification of rights in respect of underground land upon the grant of a lease of reserved land 92e. (1) Upon granting any lease of reserved land under subsection 63(1), the State Authority may—
(a)
specify the depth up to which the underground land directly and immediately below the reserved land may be used, and different depths may be specified in respect of different parts of such underground land:
Provided that where any regulations made under this
Part provide for the minimum depths to be specified under this paragraph, the depth so specified shall not be less than the minimum depth so provided for the class, description or location of land to which the reserved land belongs;
(b)
specify or describe the use or uses to which such underground land may be put, and different uses may be specified or described for different parts thereof;
(c)
specify the conditions subject to which such underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining underground land, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the reserved land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
(d)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
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(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(2
) The nature of any use to be specified or described under paragraph (1)(b) may be—
(a)
such use as is reasonably necessary to the lawful use and enjoyment of the surface of the leased reserved land;
(b)
use which is independent of and unrelated to any lawful use to which the surface of the leased reserved land may at any time be put; or
(c)
partly a use to which paragraph (a) applies and partly a use to which paragraph (b) applies.
(3
) For the avoidance of doubt, it is declared that the underground land below the depth specified under paragraph (1)(a) shall remain vested in the State Authority as reserved land.
(4
) The provisions of this Act relating to reservation of land shall apply mutatis mutandis to underground reserved land subject to such modifications as the Minister, with the approval of the National Land Council, may, by order notified in the
Gazette of the Federation, make thereto in order to facilitate their application to underground land or to remove any difficulty, and, in particular, he may make modifications to the provisions relating to survey of boundaries, land use, and forms of lease of reserved land.
(5
) In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.
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Lease of underground land below reserved land 92f. (1) The State Authority may grant under subsection 63(1)
a lease of—
(a)
a stratum of underground land below any reserved land; or
(b)
a stratum of underground land which is below any underground land in respect of which a lease has been granted under paragraph (a) or under section 92e;
such stratum—
(i)
extending from such depth below the surface of the reserved land to such further depth below such surface;
and
(ii)
subject to paragraph (a), being of such cubic dimensions, and having such boundaries, as may be specified in the lease.
(2
) A lease under subsection (1) shall—
(a)
specify or describe the use or uses to which the underground land specified in such lease may be put, and different uses may be specified or described for different parts thereof;
(b)
specify the conditions subject to which the underground land may be put to such use or uses, including conditions for the provision of protection and support to all adjoining land and all adjoining underground land, and for the provision of access at one or more places, as the State
Authority may specify, from all parts of the underground land to the surface of the reserved land, or otherwise as may be proposed by the applicant and approved by the State Authority, where, in the opinion of the State
Authority, the nature of the use of the underground land requires such access;
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(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor; or
(d)
specify any other conditions whatsoever which the State
Authority may deem fit.
(3
) Subsection 92e(2) shall apply mutatis mutandis to the use or uses to be specified or described under paragraph (2)(a) of this section.
(4
) For the avoidance of doubt, it is declared that the underground land below or above any underground land leased under subsection (1)
shall remain reserved land or, if earlier leased, remain leased reserved land.
Application for independent use of underground land below leased reserved land 92g. (1) Where a lease of any reserved land is subject to paragraph 44(1)(a) in so far as that paragraph applies to land below the surface of such leased reserved land, the lessee of such reserved land may, with approval of the officer for the time being having control of such reserved land, apply to the State
Authority in writing for the whole or a part of the underground land directly and immediately below the reserved land to be used for a purpose which is independent of and unrelated to any lawful use to which the surface of the land is being put or may at any time be put.
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(2
) An application under subsection (1) shall set out—
(a)
in detail and with clarity the use or uses to which the underground land is to be put, and different uses may be set out for different parts thereof;
(b)
the depth, other dimensions, and boundaries of the stratum of underground land proposed to be put to such use or uses; and
(c)
detailed plans of the construction and other works which will be undertaken for the proposed use or uses of the underground land.
(3
) The State Authority may approve an application under subsection (1) either in accordance with the terms of the application and the proposals set out therein or with such modifications thereof as the State Authority may deem fit, and such modifications may include modifications with regard to any or all of the matters referred to in subsection (2).
(4
) Where an application is approved under subsection (3), whether with or without modifications, the approval shall be subject to the execution of a supplementary lease which shall—
(a)
provide for such further payments in respect of the lease as the State Authority may specify having regard to the enhancement in the value of the leased reserved land that the approved use of the underground land will result in, such payments and enhancement in value to be determined by the State Authority;
(b)
specify such conditions as the State Authority may deem fit for the provision of protection and support to all or any land adjoining the leased reserved land in respect of which the approval is granted, and to all adjoining underground land in relation to the underground land which is the subject of the approval, and for the provision of access at one or more places, as the State Authority may specify, from all parts of the underground land to the surface of the reserved land, where, in the opinion of the State Authority, the nature of the use of the underground land requires such access;
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(c)
specify such conditions as the State Authority may deem fit with regard to any works to be carried out for the construction of any structures within the underground land, including—
(i)
conditions to provide for the protection of the rights of the State Authority under subsection 45(2), under section 58 and under any written law relating to mining or forests; and
(ii)
conditions to provide for the removal, relocation or re-laying of any drain, sewer, pipe, cable or wire, together with all necessary supports and any works ancillary thereto, at the expense of the proprietor;
(d)
where the application under subsection (1) is approved only in respect of a portion of the underground land below the leased reserved land, specify that the remaining portion of the underground land below the leased reserved land shall be capable of being used under paragraph 44(1)(a)
only to such depth as the State Authority may specify in the approval; and
(e)
specify any other conditions whatsoever which the State
Authority may deem fit.
(5
) For the avoidance of doubt, it is declared that upon the execution of the supplementary lease under subsection (4), the underground land below the leased reserved land—
(i)
which is below the depth specified in respect of the underground land for which the approval is granted; and
(ii)
which is below the depth specified in respect of the remaining leased reserved land under paragraph (4)(d), shall remain reserved land.
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Relationship of this Part to other provisions of this Act 92h. (1) Nothing contained in any of the provisions of this Part shall in any manner whatsoever derogate from the provisions of subsection 42(2), section 45 and section 58.
(2
) This Act shall have effect in relation to underground land but subject to the provisions of this Part and to any order made under subsection 92c(6) and any regulations made under section 92i.
Regulations by the Minister 92i. (1) For the purposes of this Part the Minister, with the approval of the National Land Council, may make such regulations, to be published in the Gazette of the Federation, as he may deem necessary or expedient.
(2
) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for—
(a)
the form and contents of any application under this Part;
(b)
the minimum depth to be specified under paragraph 92b(1)(a)
or 92e(1)(a), and different minimum depths may be specified for different classes, descriptions, or locations of lands;
(c)
the measurement of the depth of underground land and the boundaries of a stratum of underground land, the marking of such boundaries, and their delineation on the plan of the land included in the document of title to the land;
(d)
without prejudice to subsection 92c(6), the modification of any provision of this Act or any rules under this
Act in their application to underground land or to any matter whatsoever dealt with under this Part, and in this paragraph “modification” includes amendment, addition, deletion, substitution, adaptation, and non-application of any such provision.
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Division III—ALIENATED LANDS: INCIDENTS AND
REGISTRATION OF TITLE
Part Six—RENT
Chapter
Chapter 1—General
Rent to be a debt due to State Authority
Section 93
The rent payable in respect of any alienated land shall be a debt due to the State Authorit...
When rent due, and when in arrear
Section 94
The rent reserved in respect of any alienated land shall be payable as from the beginning o...
(2
) The rent payable in respect of any calendar year shall fall due in full on the first day of that year and, if not sooner paid, shall be treated for the purpose of this Act as becoming in arrear on the first day of June in that year.
(3
) In the case of land alienated for a term of years, rent shall be payable for the whole of the calendar year in which the term expires if it was not payable in respect of the calendar year in which the land was alienated, but shall not otherwise be payable in respect of any part of the said year of expiry.
(4
) The provisions of this section shall have effect subject to any remission or rebate of rent granted or allowed pursuant to rules under paragraph 14(1)(j), and to any authorization so granted for the payment by instalments, or deferment of payment, of any rent.
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Where rent payable
Section 95
The rent payable in respect of any alienated land shall be paid by or on behalf of the prop...
Land Administrator, any other place which the Land Administrator may deem fit or at such other place as may be prescribed or through any person or body as approved by the State Authority.
Computation of rents
Section 96
For the purpose of computing the rent payable in respect of any land, whether in connection...
Act, or in connection with any subdivision, partition, amalgamation or other transaction effected after the commencement thereof, or connection with any revision or other action by the State Authority under Chapter 3—
(a)
if the rate at which the rent is to be computed is a rate per *hectare, then—
(i)
in the case of town or village land, any **area less than ***one-hundredth of a hectare shall be counted as one-hundredth of a hectare; and
(ii)
in the case of country land, or any part of the foreshore or seabed, any area less than
****one-tenth of a hectare shall be counted as one-tenth of a hectare;
(b)
if the said rate relates to any unit of area other than an hectare, any fraction of that unit shall be counted as a complete unit.
*
In respect of underground land, substitute for the word “hectare” the words “cubic metre”
**
In respect of underground land, substitute for the word “area” the word “volume”
*** In respect of underground land, substitute for the words “one-hundredth of a hectare shall be counted as one-hundredth of a hectare” the words “one cubic metre shall be counted as one cubic metre”—see P.U. (A) 204/1997.
**** In respect of underground land, substitute for the words “one-tenth of a hectare shall be counted as one-tenth of a hectare” the words “one cubic metre shall be counted as one cubic metre” —see P.U. (A) 204/1997.
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Provisions of the
National Land Code
Modification
Subsection 96(1)
In its application to the Federal Territory of Labuan—
(1
) substitute for the word “thereof” the words
“of the extended Code”;
(2
) in subparagraph (a)(i), delete the words “or village”.
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(2
) Where the rent computed in respect of any land in any circumstances mentioned in subsection (1) is or includes a fraction of a ringgit, it shall be rounded up to one ringgit or, as the case may be, to the nearest ringgit above the amount so computed.
Rent of land with subdivided building 96a. (1) Upon the coming into operation of Part IVa of the
Strata Titles Act 1985, the provisions of Part Six of this Act except section 101 (which relates to revision of rent), shall not be applicable in respect of land with subdivided building and any action taken for non-payment thereof shall be in accordance with the Strata Titles Act 1985.
(2
) The application of section 101 in respect of land with subdivided building shall be in accordance with subsection 101(7).
(3
) In the event of termination of the subdivided building in accordance with section 57 of the Strata Titles Act 1985, the rent in respect of the land shall become payable as from the beginning of the calendar year next following in accordance with this Act.
Chapter
Chapter 2—Collection of arrears of rent
Notice of demand
Section 97
Where any rent payable in respect of any alienated land is in arrear, the Land Administrato...
(2
) A note of the service of any such notice shall be endorsed, by or at the instance of the Land Administrator, on the register document of title to the land to which the notice relates.
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Right of chargees, lessees, etc., to pay sum demanded
Section 98
The sum demanded by any notice under section 97 may be paid to the Land Administrator withi...
(a)
any person or body having a registered interest affecting the land (including a charge of any lease or sublease thereof);
(b)
any person or body having a lien over the land, or over any lease or sublease thereof;
(c)
any person or body in occupation of any part thereof under any tenancy exempt from registration which has become protected by an endorsement on the register document of title to the land under section 317; and
(d)
any person or body having a claim protected by caveat affecting the land or any interest therein, and accordingly, as soon as may be after the notice is served on the proprietor, the Land Administrator shall cause to be served on every such person or body a copy thereof, to which there shall be appended the additional notice set out in the supplement to
Form 6a.
(2
) Any sum paid by a chargee pursuant to subsection (1) shall be added to, and deemed for all the purposes of this Act to form part of, the first payment thereafter falling due to him under the charge.
(3
) Any sum so paid by any other person or body—
(a)
shall be recoverable from the proprietor by civil action;
(b)
may, if paid by a lessee, sublessee or tenant, be recovered alternatively by deduction from any rent then or thereafter payable to him under the lease, sublease or tenancy.
(4
) Any lessee, sublessee or tenant who incurs any additional liability, or suffers any deduction, under this section may recover the amount thereof either by civil action against the proprietor or by deduction from any rent then or thereafter payable by him under his lease, sublease or tenancy.
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Effect of payment of sum demanded
Section 99
If the whole of the sum demanded by any notice under section 97 is tendered to the Land Adm...
Forfeiture for non-payment of sum demanded
Section 100
The Land Administrator shall not during the period specified in any notice under section 97...
Chapter
Chapter 3—Revision of rent
Power of State Authority to revise rents periodically
Section 101
Subject to subsection (5), the State Authority may from time to time revise in accordance w...
(2
) Any revision under this section shall extend to all alienated lands within the State except land of any class or description which the State Authority may think fit to exempt therefrom.
(3
) On any revision under this section, the State Authority may—
(a)
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Provisions of the
National Land Code
Modification
Section 101
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority” shall be construed as reference to the “Minister charged with responsibility for lands in the Federal Territory”.
—see P.U. (A) 535/1983;
In its application to the Federal Territory of Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan—
(1
) references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal
Territory”;
(2
) in paragraph (5)(a), substitute for the words “the beginning of the year 1970” the words “a date to be determined by the National Land Council”;
(3
) in subsection (6), delete the words “or Land
Administrator”.
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(b)
make different provision for different classes or descriptions of such lands, being, in the case of each such class or description, either—
(i)
provision for increasing or reducing rents by the same proportion; or
(ii)
provision imposing a new rate of rent thereon.
(4
) In the exercise of the powers conferred by this section the
State Authority shall take no account of increases in land values attributable to improvements.
(5
) Revisions of rent under this section shall be made at such times as the State Authority may, with the approval of the National
Land Council, determine, but—
(a)
in the case of the first such revision, not so as to have effect earlier than the beginning of the year 1970; and
(b)
in the case of any subsequent revision, not so as to have effect before the expiry of a period of ten years beginning with the most recent date as from which any rents in the State were revised under this section.
(6
) Where a revision of rent has been made under this section, the Registrar or Land Administrator shall, as soon as possible, amend the amount of rent endorsed on the document of title to, and payable in respect of, land affected by the revision by substituting the revised rent for that amount; and note the date of making the amendment and the authority therefor and authenticate the same under his hand and seal.
(7
) Notwithstanding the operation of Part IVa of the Strata Titles
Act 1985, this section shall also apply to land with subdivided building in accordance to section 96a.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 186
Provisions of the
National Land Code
Modification
Section 102
In its application to the Federal Territory of Labuan—
(1
) delete subsections (7), (8) and (9);
(2
) in subsection (10), delete the words “or Land
Administrator”.
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(8
) The rent of the land with subdivided building shall become payable only upon the termination of subdivision, in accordance with Part IVa of the Strata Titles Act 1985.
Power in respect of lands alienated before commencement
Section 102
The State Authority may, direct with respect to any class or description of lands alienated...
(2
) The rate of rent specified in any direction under this section shall be a rate per hectare or lesser unit of area.
(3
) A direction under this section shall apply to any land notwithstanding that it is held rent-free, or subject to any express provision in the document of title that the rent thereby reserved shall not be capable of revision.
(4
) The power conferred by this section shall not be exercised more than once in respect of any class or description of land.
(5
) The operation of this section shall not be affected by paragraph 4(2)(j).
(6
) In subsection (1) “the standard rate” means in respect of lands in a State the rate of rent for the lands of the class or description in question as prescribed in the rules of that State relating to land rent which are in force at the time when the direction under this section takes effect.
*(7) Notwithstanding subsection (6), the standard rate for all lands in the State (except lands the title to which is entered in the Malacca Customary Land Register) shall be—
(a)
in the case of land used for building or industrial purposes, the rate provided by the Lands Rules, 1923, of the Straits
Settlements [S.S. G.N. 2050 of 1923] as in force on the 31 December 1965;
* These subsections shall only have application to the State of Malacca—see P.U. 91/1967.
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(b)
in the case of land used for agricultural purposes, the average rate charged in the State for the three years immediately preceding the commencement of this Act, ascertained in accordance with subsections (8)
and (9).
*(8) For the purposes of subsection (7)—
(a)
the average rate for land in a town or village held under a grant or State lease and used for building or industrial purposes, shall be deemed to be 50 sen per 1,000 square feet;
(b)
the average rate for land held under a grant (first grade)
shall be deemed to be—
(i)
in the case of land used for building and industrial purposes 50 sen per 1,000 sq. ft.
(ii)
in the case of land used for cultivation of rubber
RM10.00 per acre per annum;
(iii)
in the case of land used for cultivation of fruits
RM8.40 per acre per annum;
(iv)
in the case of land used for cultivation of coconuts
RM7.40 per acre per annum;
(v)
in the case of land used for cultivation of padi, nipah or sagu
RM5.00 per acre per annum; and
* These subsections shall only have application to the State of Malacca—see P.U. 91/1967.
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(c)
the average rate for land of an area of five acres or more held under a grant or State lease and used for cultivation of rubber shall be deemed to be ten ringgit per acre per annum.
*(9) In a case where subsection (8) does not apply—
(a)
the State Authority shall decide the average rate for the purposes of subsection (7) by whatever method appears to it to be most just and reasonable in the circumstances of the case; and
(b)
the decision of the State Authority shall be deemed to be a decision from which an appeal lies to the Court under section 418 of this Act.
(10
) Where a direction has been made under this section, the Registrar or Land Administrator shall, as soon as possible, amend the amount of rent endorsed on the document of title to, and payable in respect of, land affected by the direction by substituting the rent as directed for that amount; and where the land is held rent-free, endorse thereon the rent as directed and shall note the date of making the amendment or endorsement and the authority therefor and shall authenticate the same under his hand and seal.
Part Seven—CONDITIONS AND RESTRICTIONS IN INTEREST
Chapter
Chapter 1—General
Interpretation and scope
Section 103
In this Part—
“condition” does not include any restriction in interest, or any condition expressed or implied in any agreement to which the
State Authority is not a party;
*These subsections shall only have application to the State of Malacca—see P.U. 91/1967.
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“condition requiring continuous performance” means any condition which requires the proprietor of any land to do, or refrain from doing, any act during the whole of the period for which the land is alienated, or for so much of that period as remains—
(a)
after the date on which the condition takes effect;
(b)
after the expiry of any particular period specified in the condition; or
(c)
after the occurrence of any particular date or event so specified;
“condition subject to a fixed term” means any condition which requires the proprietor of any land to do any act before, or refrain from doing any act until, the expiry of any particular period, or the occurrence of any particular date or event, specified in the condition.
(2
) Except where the context otherwise requires, the provisions of this Part shall apply to conditions arising under any previous land law as they apply to conditions arising under this Act.
Conditions and restrictions in interest to run with the land
Section 104
Every condition or restriction in interest shall run with the land to which it relates, and...
Duration of conditions and restrictions in interest
Section 105
Every condition or restriction in interest imposed by or under this Act shall, except where...
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(2
) Every condition requiring continuous performance, and
(unless the context otherwise requires) every restriction in interest, shall continue in force until the reversion to the State
Authority of the land to which it relates; and every condition subject to a fixed term shall continue in force according to the tenor thereof.
Time to be of the essence of fixed-term conditions of a positive character
Section 106
Time shall be deemed to be of the essence of every condition subject to a fixed term by whi...
Extension of time for compliance with fixed-term conditions of a positive character
Section 107
In the case of any condition to which section 106 applies the State Authority may (whether...
(2
) The exercise in relation to any condition of the power conferred on the State Authority by subsection (1) shall not, except by necessary implication—
(a)
affect the operation of any other condition to which the land in question is for the time being subject; or
(b)
be construed as a waiver of any breach of any other such condition.
(3
) A note of any extension of time granted under subsection (1)
in relation to any condition shall be endorsed on the register document of title to the land affected by the condition.
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Conflict with local by-laws, etc.
Section 108
Where any land affected by any by-law of, or restriction imposed by, any local authority or...
Chapter
Chapter 2—Summary of conditions and restrictions in interest affecting alienated lands
Lands Alienated under This Act
Conditions, etc., applicable on alienation
Section 109
This section applies to all land alienated under this Act other than land approved for alie...
(2
) Land to which this section applies shall become subject on alienation to the following conditions and restrictions in interest:
(a)
such express conditions and restrictions in interest, if any, as are then endorsed on the document of title thereto
(or referred to therein) being conditions and restrictions imposed by the State Authority under the powers conferred by sections 120 to 122; and
(b)
the conditions implied by section 114, by section 115, 116, or 117 (according to the category of land use to which the land is subject) and, where applicable, by section 118.
Lands Alienated before Commencement
Conditions, etc., applicable as from commencement
Section 110
Land alienated before the commencement of this Act shall be subject as from that commenceme...
(a)
such express conditions and restrictions in interest, if any, as, immediately before that commencement, were endorsed on the document of title thereto (or, in the case of a certificate of title, referred to therein);
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Provisions of the
National Land Code
Modification
Section 110
In its application to the Federal Territory of Labuan—
(1
) at the end of paragraph (b), after the semicolon, insert the word “and”;
(2
) at the end of paragraph (c), substitute for the words “; and” a full stop;
(3
) delete paragraph (d).
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(b)
in the case of land to which section 53 applies, the implied condition specified in subsection (2) or (3) of that section, as the case may be;
(c)
the conditions implied by section 114 and, where applicable, section 119; and
(d)
any additional implied condition applicable thereto as indicated—
(i)
in the case of land which was at the commencement of this Act country land, in the Second Schedule;
and
(ii)
in the case of land which was at that commencement town or village land (whether held under Registry title or Land Office title), in the Third Schedule.
Conditions, etc., applicable after category of land use imposed under section 54
Section 111
Where any land alienated before the commencement of this
Act becomes subject to any category of land use by virtue of a notification under section 54—
(a)
it shall remain subject to the same restrictions in interest, if any, as were applicable thereto immediately before the category was imposed, but
(b)
in accordance with subsection (3) of that section, the conditions to which it is subject shall become as follows:
(i)
such express conditions, if any, as the State
Authority may have directed under section 123;
and
(ii)
the conditions implied by section 114, and
(according to the category of land use in question)
by section 115, 116 or 117.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 196
Provisions of the
National Land Code
Modification
Subsection 112(1)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Selangor
State Authority”.
In its application to the Federal Territory of Putrajaya, reference to “State Authority” shall be construed as reference to “Selangor State Authority”.
Subsection 112(2)
In its application to the Federal Territory of Labuan—
(1
) at the end of paragraph (b), after the semicolon, insert the word “and”;
(2
) at the end of paragraph (c), substitute for the words “; and” a full stop;
(3
) delete paragraph (d).
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Lands Approved for Alienation before Commencement
Conditions, etc., applicable on alienation, and after imposition of category of land use by virtue of section 56
Section 112
This section applies to all land alienated under this Act pursuant to an approval given by...
(2
) Land to which this section applies shall become subject on alienation to the following conditions and restrictions in interest:
(a)
such express conditions and restrictions in interest, if any, as are then endorsed on the document of title thereto (or, referred to therein), being conditions and restrictions imposed by the State Authority under the powers conferred by section 120;
(b)
in the case of land to which section 55 applies, the implied condition specified in subsection 53(2) or (3), as the case may be;
(c)
the conditions implied by section 114 and, where applicable, section 118; and
(d)
any additional implied condition applicable thereto as indicated—
(i)
in the case of land which was at the commencement of this Act country land, in the Second Schedule;
and
(ii)
in the case of land which was at that commencement town or village land, in the Third Schedule.
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(3
) Where any land to which this section applies becomes subject to a category of land use by virtue of a notification under section 54 having effect in relation thereto pursuant to subsection 56(1)—
(a)
it shall remain subject to the same restrictions in interest, if any, as were applicable thereto immediately before the category was imposed, but
(b)
in accordance with subsection 54(3) as modified in relation to such land by subsection 56(2), the conditions to which it is subject shall become as follows:
(i)
such express conditions, if any, as the State
Authority may have directed under section 123;
and
(ii)
the conditions implied by section 114, by section 115, 116 or 117 (according to the category of land use in question) and, where applicable, by section 118.
Changes in Conditions and Restrictions
Manner in which changes may be effected
Section 113
The conditions and restrictions in interest applicable to any alienated land shall, after b...
(a)
the granting of any application by the proprietor under subsection 124(1); or
(b)
the carrying into effect of any direction given by the
State Authority under subsection 147(3) on sanctioning the amalgamation of the land with other land.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Paragraph 114(b)
In its application to the Federal Territory of
Labuan, delete the words “, or to the penghulu having jurisdiction in the area in which the land is situated”.
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Chapter
Chapter 3—Implied conditions
Boundary Marks
Implied conditions affecting all alienated land
Section 114
All alienated land shall be subject to the following implied conditions relating to the bou...
(a)
that the proprietor will take all reasonable steps to prevent their damage, destruction or unlawful removal;
(b)
that the proprietor will, if any of them are damaged, destroyed or unlawfully removed, give immediate notice of the fact to the Land Administrator, or to the penghulu having jurisdiction in the area in which the land is situated;
(c)
that the proprietor will, if so required by the Land
Administrator, pay the cost of repairing or, as the case may be, replacing any of them which may have been damaged, destroyed or unlawfully removed; and
(d)
that the proprietor will, if so required by the Land
Administrator, at his own expense clear any boundary line between any of them.
Category: Agriculture
Implied conditions affecting land subject to the category
“agriculture”
*115. (1) Where any alienated land is subject by virtue of any provision of this Act to the category “agriculture”, the following implied conditions shall, subject to subsection (3), apply thereto:
(a)
that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (4);
* In this section, in respect of underground land, substitute for the words “area” and “area of the land” wherever appearing therein the words “stratum” and “stratum of the underground land”
respectively—see P.U. (A) 204/1997.
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(b)
that a bona fide commencement of cultivation of the land shall be made within twelve months of the relevant date;
(c)
that the whole area of the land, other than any part thereof—
(i)
occupied by or in conjunction with a building
(whenever erected) used for one or more of the purposes specified or referred to in subsection (4); or
(ii)
used for any of the purposes mentioned in paragraph (e) of that subsection, or any other purpose which the State Authority may specially authorize, shall be brought fully under cultivation within three years of the relevant date;
(d)
that the area of the land referred to in paragraph (c) shall be maintained and cultivated according to the rules of good husbandry; and
(e)
that the said area shall be continuously cultivated:
Provided that the condition specified in paragraph (e) shall be regarded as complied with in the case of any area so long as any period during which less than the whole thereof is cultivated does not exceed twelve months.
(2
) In subsection (1) “relevant date” means the date on which the land became subject to the category:
Provided that, where any land becomes subject to the category on its amalgamation with other land already so subject, the date on which a register document of title to the amalgamated area is first registered shall become the relevant date as respects the whole of that area.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Paragraph 115(4)(f)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister charged with the responsibility for lands in the
Federal Territory”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
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(3
) The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4
) The purposes referred to in paragraph (1)(a) are the following:
(a)
the purposes of a dwelling house for the proprietor of the land or any other person lawfully in occupation thereof; or for the servants of, or any persons employed for agricultural purposes by, the proprietor or any other such person:
Provided that the dwelling house for the proprietor of the land or any other person lawfully in occupation thereof shall not occupy more than one-fifth of the whole area of the land or two hectares, whichever is the lesser;
(b)
the purposes of agriculture;
(c)
the purpose of extracting or processing raw material from any agricultural produce of such land;
(d)
the purpose of preparing for distribution any such material or produce, or any honey-bees, livestock or reptiles kept or bred on such land, or the produce of such livestock or aquaculture on such land;
(e)
the purposes of providing educational, medical, sanitary or other welfare facilities, including (so far as they are provided primarily for use by persons employed on the land) facilities for the purchase of goods and other commodities;
(f)
any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
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(g)
any purpose which the State Authority may think fit to authorize in the circumstances of any particular case;
(h)
any purpose incidental to a purpose falling within any of the preceding paragraphs.
Category: Building
Implied conditions affecting land subject to the category
“building”
Section 116
Where any alienated land is subject by virtue of any provision of this Act to the category...
(a)
that, unless on the relevant date such a building already existed on the land, there shall within two years of that date be erected thereon a building suitable for use for one or more of the purposes specified or referred to in subsection (4);
(b)
that no part of the land shall be used for agricultural or industrial purposes (except in so far as the erection or maintenance of any building for a purpose or purposes falling within paragraph (4)(f) or (g) may constitute such a use);
(c)
that every building thereon (whensoever erected) shall be maintained in repair;
(d)
that no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority.
(2
) In subsection (1) “relevant date” means the date on which any part of the land first became subject to the category.
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National Land Code
Modification
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Provisions of the
National Land Code
Modification
Paragraph 116(4)(f)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority” shall be construed as reference to the “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
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(3
) The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4
) The purposes referred to in paragraph (1)(a) are the following:
(a)
residential purposes;
(b)
administrative or commercial purposes, or the purposes of passenger transport;
(c)
the purposes of exhibiting, selling by retail, repairing or otherwise dealing in any goods or commodities, or of providing any services;
(d)
the purposes of providing educational, medical, sanitary or other welfare facilities;
(e)
the purposes of entertainment, refreshment or recreation;
(f)
any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
(g)
any purpose which the State Authority may think fit to authorize in the circumstances of any particular case;
(h)
any purpose incidental to a purpose falling within any of the preceding paragraphs.
Section 116a
(Deleted by Act A615).
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Category: Industry
Implied conditions affecting land subject to the category
“industry”
Section 117
Where any alienated land is subject by virtue of any provision of this Act to the category...
(a)
that it shall be used only for industrial purposes, that is to say, for the purposes of the erection or maintenance of factories, workshops, foundries, warehouses, docks, jetties, railways or other buildings or installations for use for or in connection with one or more of the following purposes:
(i)
manufacture;
(ii)
smelting;
(iii)
the production or distribution of power;
(iv)
the assembling, processing, storage, transport or distribution of goods, or other commodities;
(v)
such other purposes as the State Authority may prescribe for the purposes of this section by rules under section 14;
(b)
that the industry shall commence operations within three years of the relevant date and that every building or installation thereon (whensoever erected or installed)
shall be maintained in repair;
(c)
that no such building or installation shall be demolished, altered or extended without the prior consent in writing of the appropriate authority:
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Provisions of the
National Land Code
Modification
Subparagraph 117(1)(a)(v)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister charged with the responsibility for lands in the
Federal Territory”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
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Provided that the condition specified in paragraph (a) shall not prevent the maintenance or erection on the land of any building used or to be used—
(i)
for the provision of educational, medical, sanitary or other welfare facilities for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any person employed for industrial purposes by, the proprietor or any other such person;
(ii)
for any purpose which the State Authority may think fit to authorize in the particular circumstances of the case.
(1a
) In subsection (1) “relevant date” means the date on which any part of the land first became subject to the category.
(2
) The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
Agricultural Land Alienated under Qualified Title
Implied condition affecting agricultural land alienated under qualified title
Section 118
Where any land alienated under qualified title is subject—
(a)
by virtue of subsection 55(2), to the implied condition specified in subsection 53(2); or
(b)
to any express condition requiring that it be used for an agricultural purpose; or
(c)
to the category “agriculture”, it shall, subject to subsection (2), be subject so long as it remains held under qualified title to an implied condition that no building other than a temporary one shall be erected thereon without the approval of the Land Administrator.
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(2
) The condition specified in subsection (1) shall be implied in the case of any land to the extent only that it is not inconsistent with any express condition to which the land is for the time being subject.
Land Endorsed “Padi” before Commencement
Implied condition affecting land alienated before commencement for padi cultivation
Section 119
Where the document of title to any country land alienated before the commencement of this A...
(a)
that such area of the land as, in the opinion of the Land
Administrator, is suitable for the cultivation of rice shall be so cultivated;
(b)
that area shall be maintained and so cultivated according to the rules of good husbandry; and
(c)
that area shall be continuously so cultivated:
Provided that the condition specified in paragraph (c) shall be regarded as complied with in the case of any area so long as three-quarters at least thereof is at all times so cultivated, and any period during which less than the whole is so cultivated does not exceed twelve months.
(2
) This section does not apply to any land the document of title to which is, at the commencement of this Act, endorsed with a memorial of exemption from the like provisions of any previous land law.
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(3
) The conditions implied by this section shall cease to apply to any land—
(a)
where the expression giving rise to them is removed from the document of title pursuant to an application by the proprietor under section 124;
(b)
where the land becomes subject to any category of land use.
Chapter
Chapter 4—Express conditions and restrictions in interest
General Powers Upon Alienation
Imposition of express conditions and restrictions in interest on alienation under this Act
Section 120
Subject to the provisions of this section, the State
Authority may alienate land under this Act subject to such express conditions and restrictions in interest conformable to law as it may think fit.
(2
) The conditions and restrictions in interest to be imposed under this section in the case of any land shall be determined by the State Authority at the time when the land is approved for alienation.
(3
) Every condition or restriction in interest imposed under this section shall be endorsed on or referred to in the document of title to the land; and in complying with this subsection the State
Authority shall, in any case where it imposes both conditions and restrictions in interest, distinguish between the two.
(4
) No condition shall be imposed under this section which is inconsistent with any implied condition to which the land becomes subject on alienation by virtue of section 114.
Land Alienated Subject to a Category
Category: Agriculture
Section 121
Where in pursuance of section 52 any land is alienated under this Act subject to the catego...
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Authority may, in the exercise of its powers under section 120
(and without prejudice to the generality of those powers), impose such conditions as it may think fit—
(a)
requiring the cultivation thereon, or on any part or proportion thereof, of a particular crop, or of any class or description of crops;
(b)
prohibiting the cultivation thereon, or on any part or proportion thereof, of a particular crop, or of any class or description of crops;
(c)
fixing the dates in any year on or before which any work of clearing, cultivation, sowing, manuring or harvesting, or any other agricultural activity, is to be commenced or completed;
(d)
limiting the maximum *area of the land which may be occupied by dwelling houses and other buildings.
(2
) In this section, “crop” includes trees cultivated for the purpose of their produce.
Categories: Building and Industry
Section 122
Where in pursuance of section 52 any land is alienated under this Act subject to the catego...
“industry”, the State Authority may, in the exercise of its powers under section 120 (and without prejudice to the generality of those powers), impose such conditions as it may think fit with respect to—
(a)
the **area of the land or proportion of the land to be built upon;
(b)
the type, design, height and structure of any building to be erected on the land, and the type and quality of the materials to be used in its construction;
* In respect of underground land, substitute for the words “area of the land” the words “volume of the stratum of the underground land”—see P.U. (A) 204/1997.
** In respect of underground land, substitute for the word “area” the word “stratum”
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(c)
the dates on or before which any such building is to be commenced or completed;
(d)
the use or uses to which any building is to be put.
Land Becoming Subject to a Category After Alienation
Imposition of express conditions on land becoming subject to a category under section 54
Section 123
The State Authority may, in any notification given under section 54 with respect to any are...
(2
) On or before the date on which any land becomes subject to any conditions by virtue of any such notification there shall be endorsed on the document of title to the land either the conditions themselves or a reference thereto.
(3
) No condition shall be imposed by virtue of this section which is inconsistent with any of the implied conditions specified in section 114.
Variation of Conditions, Restrictions and Categories
Power of State Authority to vary conditions, etc., on application of proprietor
Section 124
The proprietor of any alienated land may apply to the
State Authority under this section for—
(a)
the alteration of any category of land use to which the land is for the time being subject or, where it is not so subject, for the imposition of any category thereon;
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Provisions of the
National Land Code
Modification
Section 124
In its application to the Federal Territory of Labuan—
(1
) delete subsection (1a);
(2
) in subsection (7), delete the words “and shall present the same,”.
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(b)
the rescission of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the removal from that document of the expression “padi”, or any other expression by virtue of which the land is subject for the time being to the implied conditions specified in section 119; or
(ba)
the removal from the document of title of the expression
“rubber”, “kampung” or any other expression pertaining to land use, and the imposition of other express conditions pertaining to land use;
(c)
the amendment of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the imposition of any new express condition or restriction in interest:
Provided that the State Authority shall not entertain any such application unless it is satisfied with respect to every person or body having a registered interest in the land, or in occupation of any part thereof under any tenancy exempt from registration, either that he has consented thereto or that his consent ought in the circumstances of the case to be dispensed with:
Provided further that the State Authority shall not entertain any such application unless any rent due has been paid and if it relates to express conditions endorsed on the title by virtue of subsection 92b(2) and subsections 92d(2) and (6).
(1a
) Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land Board established under section 214a for its recommendations;
and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
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(1b
) Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.
(2
) Where the State Authority approves any application under paragraph (1)(a)—
(a)
it shall direct that the category of land use specified in the application be endorsed on the document of title to the land, and the existing category, if any, deleted; and
(b)
it may if it thinks fit direct that there shall also be endorsed on the document of title such new express conditions as are specified in the direction, being conditions relating to any of the matters mentioned in section 121 or 122;
and, as from the date on which the direction is carried into effect—
(i)
the land shall become subject to any conditions endorsed pursuant thereto and (according to the category of land use so endorsed) to the conditions implied by section 115, 116 or 117;
(ii)
there shall cease to apply to the land all conditions to which it was previously subject except those implied under section 114 and, where applicable, section 118.
(3
) Where the State Authority approves any application under paragraph (1)(b), it shall direct that the condition, restriction in interest or expression in question be struck off the document of title to the land or, in the case of any condition or restriction which is merely referred to in the document of title, that a note of its rescission be so endorsed.
(3a
) Where the State Authority approves any application under paragraph (1)(ba), it shall direct that the expression in question be struck off, and the new express conditions be endorsed on the document of title to the land.
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(4
) The State Authority may approve any application under paragraph (1)(c) either in the terms in which it was submitted or, with the consent of the applicant and any other persons or bodies whose consent thereto was required under the proviso to that subsection, subject to such modifications as it may think fit, and shall, in either case, direct as appropriate—
(a)
the amendment of any condition or restriction in interest endorsed on the document of title to the land; or
(b)
the endorsement on that document of title of a note of the amendment of any condition or restriction which is merely referred to therein; or
(c)
the endorsement on that document of title of any new condition or restriction in interest.
(5
) Any direction given by the State Authority under this section may be made conditional upon all or any of the following matters:
(a)
the payment of a further premium;
(aa)
the payment of any other charges as may be prescribed;
(b)
the reservation of a new rent;
(c)
compliance with such other requirements as the State
Authority may think fit.
(6
) No condition shall be imposed by virtue of this section which is inconsistent with any implied condition to which the land in question is for the time being subject under section 114
or 119, and no condition shall be amended by virtue of this section so as to become inconsistent with any such implied condition.
(7
) Upon approval by the State Authority under this section, the Land Administrator shall sign a memorandum in Form 7c in accordance with the direction of the State Authority and shall present the same, and on the memorial thereof being made, the 156
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Provisions of the
National Land Code
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Provisions of the
National Land Code
Modification
Subsection 124a(1a)
In its application to the Federal Territory of Labuan, delete this subsection.
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Registrar shall make an entry on the register and issue documents of title to the land and shall note the date thereof and the authority therefor, and authenticate the same under his hand and seal of which the entry shall be made upon payment in accordance with subsection (8).
(8
) The rent and premium in any direction issued by the
State Authority under this section shall become due to the
State Authority at the time when it approves the application and the Land Administrator shall cause to be served on the proprietor a notice in Form 7g requiring him to pay such sum within the specified time and if any such sum is not paid within such time the approval of the State Authority shall thereupon lapse.
Simultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portions 124a. (1) The proprietor of any alienated land may apply to the
State Authority for the approval of the subdivision of the land and at the same time make an application under subsection 124(1)
in respect of the proposed subdivisional portions.
(1a
) Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land Board established under section 214a for its recommendations;
and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
(2
) Any application under subsection 124(1) in respect of the proposed subdivisional portions shall be in Form 7d, and shall be treated and dealt with under section 124 as a separate application under subsection 124(1) in respect of each of the proposed subdivisional portions.
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(3
) The approval of the application for subdivision and the approval of the application under subsection 124(1) in respect of the proposed subdivisional portions shall both be conditional upon the applicant satisfying in respect of all the subdivisional portions, within such period as the State Authority may specify, all the conditions that may be imposed under subsection 124(5)
in respect of each of the proposed subdivisional portions.
(4
) For the purpose of the application for subdivision under subsection (1), the application shall be treated as if it is an application under section 135 and the provisions of sections 136,
137, 138 and 139 shall apply in so far as they are not inconsistent with the provisions of this section, and in considering such application the State Authority shall have and may exercise all the powers of the State Director or the Land Administrator, as the case may be, or may direct the State Director or the
Land Administrator, as the case may be, to exercise all or any of them.
Chapter
Chapter 5—Enforcement of conditions
When a breach of condition arises
Section 125
A breach of a condition requiring continuous performance shall arise so soon, and continue...
(2
) A breach of a condition subject to a fixed term shall arise—
(a)
in the case of a condition requiring the doing of any act within any time (being the time specified therein, or that time as extended under section 107) upon the expiry of that time without the act having been done;
(b)
in the case of a condition requiring any act to be refrained from until any time, upon the doing of that act before that time.
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Breach of complex condition
Section 126
Where any condition consists of two or more separate obligations or liabilities, a failure...
Liability to forfeiture for breach of condition
Section 127
Upon any breach arising of any condition to which any alienated land is for the time being...
(a)
the land shall become liable to forfeiture to the State
Authority; and
(b)
except in a case where a fine is imposed under subsection (1a), or where action for the purpose of causing the breach to be remedied is first required to be taken under section 128, the Land Administrator shall proceed with the enforcement of the forfeiture in accordance with section 129.
(1a
) (a) Upon any breach as is referred to in subsection (1)
arising, the Land Administrator may, instead of taking action under section 128 or 129, serve a notice in Form 7e upon the proprietor, requiring him to show cause why a fine should not be imposed in respect of such breach.
(b)
Upon failure by the proprietor to show cause to the satisfaction of the Land Administrator, the Land Administrator may make an order for the payment of a fine of not less than five hundred ringgit, and in the case of a continuing breach, a further fine of not less than one hundred ringgit for each day during which the breach continues.
(1b
) Where a fine is paid upon an order made under paragraph (1a)(b), no action shall be taken under section 128 or 129 in respect of the breach.
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(1c
) Notwithstanding subsection (1b), if the Land Administrator after due enquiry, is satisfied that the breach continues, he may serve a notice in Form 7f on the proprietor informing him of his intention to take action under section 128 or 129 upon the expiry of a period of six months from the date of service of the notice or at any time thereafter.
(2
) The acceptance on behalf of the State Authority of any item of land revenue due in respect of any alienated land shall not operate as a waiver of any right of forfeiture then existing in respect of the land by virtue of this section.
(3
) Land which has become liable to forfeiture under this section for breach of any condition shall cease to be so liable if—
(a)
the breach is subsequently remedied; or
(b)
in the case of a condition subject to fixed term, no action has been taken with respect to the breach under section 128 or 129 before the expiry of a period of twelve years beginning with the date on which the breach arose.
(4
) For the purposes of this section, and of sections 128 and 129, every breach of condition shall be taken to be capable of being remedied; and the action required for remedying any breach shall be taken to consist—
(a)
in the case of a positive condition of the doing of every act or thing the omission to do which constituted or formed part of the breach;
(b)
in the case of a negative condition, of the doing of all such acts or things as are necessary to put the land into the state in which it would be if the breach had not occurred.
Summary action to secure remedying of breach of condition
Section 128
Where—
(a)
any alienated land is liable under section 127 to forfeiture to the State Authority for breach of any condition; and 160
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(b)
it appears to the Land Administrator that the breach is capable of being remedied by the proprietor within a reasonable time, the Land Administrator shall serve, or cause to be served, on the proprietor a notice in Form 7a specifying the action required for remedying the breach, and calling upon him to take such action within the time therein specified.
(2
) Upon the service of any notice under subsection (1), the Land Administrator shall endorse, or cause to be endorsed, on the register document of title to the land in question a note to the effect that the land is subject to action for breach of condition.
(3
) The service of any notice under subsection (1) shall operate as a waiver by the State Authority, conditional upon strict compliance with the requirements thereof, of the right of forfeiture existing by reason of the breach to which it relates;
and—
(a)
if the notice is complied with, the note endorsed under subsection (2) shall be cancelled accordingly;
(b)
if the notice is not complied with, the Land Administrator shall take action in accordance with section 129.
Action to enforce forfeiture for breach of condition
Section 129
The Land Administrator shall take action under this section wherever any alienated land is...
to forfeiture for breach of condition and—
(a)
he is of opinion that the taking of action under section 128
would not be appropriate; or
(b)
the proprietor of the land has failed to comply with any notice served on him under that section.
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(2
) In either of the circumstances aforesaid, the Land Administrator shall—
(a)
cause a notice in Form 7b to be served on the proprietor of the land; and
(b)
cause a copy of that notice, to which there shall be appended the additional notice set out in the supplement to that Form, to be served on the like persons and bodies as those on whom notices relating to rent are required to be served by subsection 98(1).
(3
) Upon the service of any notice under subsection (2), the Land Administrator shall (unless such a note has already been endorsed under section 128) endorse, or cause to be endorsed, on the register document of title to the land in question a note to the effect that the land is subject to action for breach of condition.
(4
) Upon the date, and at the time and place, specified in any such notice, the Land Administrator shall hold an enquiry in accordance with the provisions of this Act, and, on the conclusion thereof—
(a)
if it appears to him that the breach has been remedied, shall so declare by order, and shall cancel or cause to be cancelled any note endorsed under this section or section 128;
(b)
if it appears to him just that time (or where a notice under section 128 has already been served in respect of the breach, further time) should be allowed for remedying the breach, shall make an order specifying the action to be taken for that purpose, and the time which it is to be taken;
(c)
in any other case, shall take temporary possession of the land as he may be directed by the State Authority or in the absence of such direction, make an order declaring the land forfeit to the State Authority.
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(5
) The making of an order under paragraph (4)(b) shall operate as a waiver by the State Authority, conditional upon strict compliance with the requirements thereof, of the right of forfeiture existing by reason of the breach to which the order relates; and—
(a)
if the order is complied with, any note endorsed under this section or section 128 shall be cancelled accordingly;
(b)
if the order is not complied with, the Land Administrator shall, on the expiry of the period specified therein, take temporary possession of the land as he may be directed by the State Authority or in the absence of such direction, make an order declaring the land forfeit to the State
Authority.
(6
) Where temporary possession is taken by the Land Administrator under paragraph (4)(c) or (5)(b), the following provisions shall apply:
(a)
the State Authority or any person or body appointed by it shall have power to remedy the breach at its or the person’s or body’s own expense in any manner or form the State Authority considers appropriate;
(b)
upon completion of effecting the remedy or within such period as the State Authority considers appropriate after effecting such remedy, possession shall be returned to the proprietor with the requirement that the land be maintained in a satisfactory state in view of the remedy and that the State Authority, person or body concerned be reimbursed for the whole or part of the expenses incurred in carrying out such remedy either in one sum or in instalments; and
(c)
if any of the requirements under paragraph (b) does not appear to have been complied with, the Land Administrator shall report to the State Authority, and if the State
Authority is satisfied that the land is not maintained as required it shall then make an order declaring the land forfeit to the State Authority.
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Part Eight—FORFEITURE
Forfeiture to take effect upon notification in the Gazette
Section 130
As soon as may be after the making of an order under section 100 or 129 with respect to any...
and upon such publication, the forfeiture shall take effect as mentioned in section 131.
(2
) Copies of any notification published under subsection (1)
shall be published in accordance with section 433, and the
Land Administrator shall, as soon as may be after the notification is published, register or cause to be registered a memorial thereof upon the register document of title to the land in question.
Effects of forfeiture
Section 131
Upon the taking effect in relation to any land of any forfeiture under this Act—
(a)
the land shall revert to, and vest in, the State Authority as State land, freed and discharged from all titles and interests subsisting or capable of arising immediately before the forfeiture took effect;
(b)
there shall also vest in the State Authority, to the extent specified in section 47 and without payment of compensation, any buildings then existing on the land;
and
(c)
any item of land revenue then due to the State Authority in respect of the land shall be extinguished.
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Land not to be re-alienated, etc., during period for appeal against forfeiture
Section 132
Where any land has reverted to the State Authority by reason of the taking effect of any fo...
State Authority, subject to subsection (2), shall not re-alienate or otherwise dispose of it at any time before—
(a)
the expiry of the period of three months during which
(under section 418) an appeal lies to the Court against the order of the Land Administrator under section 100
or 129, as the case may be; or
(b)
if such an appeal is lodged during that period, the determination of the appeal and of any proceedings consequent thereon.
(2
) The provisions of subsection (1)—
(a)
shall be without prejudice to the power of the
State Authority under subsection 133(2) to annul the forfeiture at any time on a petition in that behalf by the person or body who was the proprietor of the land immediately before the forfeiture took effect;
and
(b)
shall not prevent the State Authority from re-alienating the land to that person or body at any time as mentioned in subsection 133(3).
(3
) So long as the provisions of subsection (1) apply to any land, no issue document of title thereto which may have been surrendered to, or otherwise obtained by, the Land Administrator shall be destroyed.
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Power of State Authority to annul forfeiture, or re-alienate to previous proprietor on new terms, etc.
Section 133
Any person or body who was the proprietor of any alienated land immediately before its forf...
(2
) The State Authority may in its absolute discretion refuse or allow any petition under this section, and, if it allows the petition, may do so conditionally upon payment by the petitioner—
(a)
if the forfeiture was for non-payment of rent, of such penalty, not exceeding six times the sum which he was required to pay by the notice of demand served on him under section 97, as the State Authority may think fit to impose;
(b)
if the forfeiture was for breach of any condition, of such amount as the State Authority may determine in respect of the expenses occasioned by the forfeiture.
(3
) The refusal of any petition under this section shall not be taken to prejudice the power of the State Authority to re-alienate the land to the previous proprietor at any time; and, for the purposes of any such re-alienation, the State Authority shall, at the time when it gives approval thereto, re-determine as it may consider appropriate the various matters specified in subsection 79(2).
Appeals against forfeiture
Section 134
The validity of any forfeiture under this Act shall not be challenged in any court except b...
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 135
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “or Land
Office”;
(2
) substitute for subsection (2) the following subsection:
“(2) In the absence of any direction to the contrary by the State Authority, the approval required by subsection (1) shall be given by the State Director.”.
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(2
) No order of the Land Administrator under section 100
or 129 shall be set aside by any court except upon the grounds of its having been made contrary to the provisions of this Act, or of there having been a failure on the part of the Land Administrator to comply with the requirements of any such provision; and no such order shall be set aside by reason only of any irregularity in the form or service of any notice under Chapter 2 of Part Six or, as the case may be, Chapter 5 of Part Seven unless, in the opinion of the court, the irregularity was of a significant nature.
(3
) In any such appeal or other proceedings as are mentioned in subsection (1), it shall be presumed until the contrary is proved that all notices required to be served under Chapter 2 of Part Six or, as the case may be, Chapter 5 of Part Seven were duly and regularly served.
(4
) Subsection (1) shall not affect the right of any person or body to bring an action of damages against the State Authority, or (subject to the provisions of section 22) against any officer appointed by the State Authority, in respect of any act or thing wrongfully done, or ordered to be done or omitted to be done, in connection with any forfeiture under this Act.
Part Nine—SUBDIVISION, PARTITION
AND AMALGAMATION
Chapter
Chapter 1—Subdivision of lands
Power of proprietor to subdivide with approval of State
Director or Land Administrator
Section 135
The proprietor of any alienated land held under Registry or Land Office title may, with the...
(2
) In the absence of any direction to the contrary by the
State Authority, the approval required by subsection (1) shall be given—
(a)
by the State Director in the case of land held under
Registry title; and
(b)
by the Land Administrator in the case of land held under
Land Office title.
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Conditions for approval of subdivision
Section 136
No subdivision shall be approved by the State Director or, as the case may be, Land Adminis...
(a)
that the subdivision would not contravene any restriction in interest to which the land is for the time being subject;
(b)
that the subdivision would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect thereto by or under any such law have been complied with;
(c)
without prejudice to the generality of paragraph (b)—
(i)
that any necessary approval of any planning authority has been obtained; and
(ii)
that the subdivision would not be contrary to any plan approved by the State Authority for the development of the area in which the land is situated, or to any decision of any planning authority for that area; and
(iii)
if the case falls within any direction in that behalf given by the State Authority, that the subdivision has the consent of any body or authority specified in, or appointed by, the direction;
(ca)
that the proprietor has agreed in his application that as a consequence of the subdivision, the land described therein which has been approved by any planning authority or body or authority specified in paragraph (c) to be used for public purpose be surrendered for such purpose in accordance with section 197;
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Provisions of the
National Land Code
Modification
Subsection 136(1)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator”.
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(d)
that no item of land revenue is outstanding in respect of the land;
(e)
that every person or body who, at the time when the approval was applied for, was entitled to the benefit of—
(i)
a charge of the land;
(ii)
a lease of the whole or any part thereof, other than a part corresponding precisely to one of the proposed subdivisional portions;
(iii)
a charge of such a lease; or
(iv)
a lien over the land or any such lease, has consented in writing to the making of the application;
(f)
that the area of any subdivisional portion—
(i)
in the case of land subject to the category
“agriculture”, or to any condition requiring its use for an agriculture purpose, will not be less than two-fifths of a hectare; and
(ii)
in any other case, will not be less than the minimum area appropriate for land of the class or description in question, as determined for the purposes of this subparagraph by the planning authority for the area in which the land is situated or (if there is no such authority) by the State
Authority;
(g)
that the shape of each subdivisional portion will, in his opinion, be suitable for the purposes for which it is intended to be used;
(h)
that, except in the case of any subdivisional portion from which there will be direct access thereto, a satisfactory means of access will be available as of right from each 169
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such portion either to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access will be available or be capable of being obtained by application to the
Land Administrator under Part Twenty-eight.
(2
) The requirements of paragraph (1)(h) shall be taken to be satisfied with respect to any subdivisional portion if, but only if—
(a)
in the case of land situated in any area designated by the
State Authority for the purposes of this subsection, or any class or description of land in that area specified in the designation, the proprietor has agreed in his application—
(i)
that he will provide the necessary means of access by making up a road to a standard specified in the designation; and
(ii)
that the land occupied by the road shall, as from the issue of title to the subdivisional portions, be deemed to have been surrendered to the State
Authority;
(b)
in any other case, the proprietor has—
(i)
agreed in his application that land described therein shall be deemed to have been surrendered as aforesaid for the purpose of enabling such a means of access to be established thereover as
State land; or
(ii)
included in his application a proposal for providing such a means of access by means of a private road over land in respect of which a separate title is to be issued to him; or
(iii)
included in his application his consent to the provision thereof by the creation of a Land
Administrator’s right of way.
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Applications for approval
Section 137
Any application by a proprietor for approval of the subdivision of any land shall be made i...
Administrator in Form 9a, and shall be accompanied by—
(a)
such fee as may be prescribed;
(b)
a pre-computation plan of the land showing the details of the subdivision, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(c)
if it is so prescribed or, in the absence of any such prescription, if the Land Administrator so requires, a copy of any approval or consent required under paragraph 136(1)(c); and
(d)
all such written consents to the making of the application as are required under paragraph (e) of that subsection:
Provided that, in a case where paragraphs 136(1)(c) and (e) are not applicable and the land is held under Land Office title, the
Land Administrator may if he thinks fit accept an application in any form.
(2
) Upon receiving any application under subsection (1), the
Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land to which it relates.
(3
) Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land
Board established under section 214a; and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
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Provisions of the
National Land Code
Modification
Section 137
In its application to the Federal Territory of Labuan—
(1
) at the end of paragraph (1)(d), substitute for the colon a full stop;
(2
) delete the proviso to subsection (1);
(3
) delete subsection (3).
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Powers of Land Administrator or State Director in relation to applications
Section 138
Where any application under subsection 137(1) relates to land the subdivision of which is r...
State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.
(2
) If on any application under the said subsection (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director—
(a)
that the conditions for approval of the subdivision specified in subsection 136(1) are satisfied; or
(b)
that those conditions would be satisfied if the proposals in the application were modified in one or more minor respects, the Land Administrator or, as the case may be, State Director shall approve the subdivision in accordance with the said proposals, modified where necessary as mentioned in paragraph (b).
(3
) In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
(4
) On approving, or being informed by the State Director that he has approved, the subdivision of any land, the Land
Administrator shall notify the proprietor of the approval, and of any modifications subject to which it is given, and shall by such notification call upon the proprietor to pay to him within a specified time—
(a)
in a case where the subdivisional portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey;
and
(b)
in every case, the fees chargeable in connection with the preparation and registration of final documents of title to the several subdivisional portions.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 140
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “or Land
Office”;
(2
) substitute for subsection (2) the following subsection:
“(2) In the absence of any direction to the contrary by the State Authority, the approval required by subsection (1) shall be given by the State Director.”.
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(5
) On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the proprietor, and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 137(2).
Issue of title to subdivisional portions
Section 139
Notwithstanding that the subdivision of any land has been approved under this Chapter, fina...
(2
) Where the survey of the subdivisional portions is completed without the proprietor having applied for qualified title to those portions, the procedure subsequent to the survey shall be that specified in the relevant provisions of Chapter 3 of Part Ten.
(3
) Where, as permitted under Chapter 3 of Part Eleven, the proprietor does apply for qualified title to the subdivisional portions before their survey has been completed, the procedure shall be that specified in the relevant provisions of that Chapter.
Chapter
Chapter 2—Partition of lands
Powers of co-proprietors to partition with approval of State
Director, Land Administrator or State Authority
Section 140
Any alienated land which is held under Registry or Land
Office title by two or more persons as co-proprietors may, by agreement between those persons and with the approval under this
Chapter of the State Director or Land Administrator, as provided by subsection (2), be partitioned—
(a)
so as to vest in each of them, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; or 173
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(b)
where two or more of them are to continue as co-proprietors, so as to vest—
(i)
in the remaining co-proprietor or, as the case may be, each of such co-proprietors, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; and
(ii)
in the continuing co-proprietors the remainder of the land under a separate title.
(2
) In the absence of any direction to the contrary by the
State Authority, the approval required by subsection (1) shall be given—
(a)
by the State Director in the case of land held under
Registry title; and
(b)
by the Land Administrator in the case of land held under
Land Office title.
(3
) If the alienated land referred to in subsection (1) is subject to the category of “agriculture” or to any condition requiring its use for an agricultural purpose and is—
(i)
two-fifths of a hectare; or
(ii)
less than two-fifths of a hectare;
the co-proprietors referred to in that subsection may, by agreement between them and with the approval of the State Authority as provided by section 143a, partition the land.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 248
Provisions of the
National Land Code
Modification
Section 141
In its application to the Federal Territory of Labuan—
(1
) delete the words “or, as the case may be, Land
Administrator” wherever they appear;
(2
) in paragraph (1)(b), delete the words “or, as the case may be, the Land Administrator”.
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Conditions for approval of partition
Section 141
No partition shall be approved by the State Director or, as the case may be, Land Administr...
(a)
each of the co-proprietors has either joined in, or consented to the making of, the application for its approval;
(b)
in the opinion of the State Director or, as the case may be, the Land Administrator, the area to be vested—
(i)
in each co-proprietor pursuant to paragraph (a), or subparagraph 140(1)(b)(i) is as nearly as may be proportionate to his undivided share in the whole; or
(ii)
in the continuing co-proprietors pursuant to subparagraph 140(1)(b)(ii) is as nearly as may be proportionate to the total of their undivided shares in the whole; and
(c)
the conditions specified in subsection 136(1) for approval of the subdivision of land are, mutatis mutandis, with the omission of paragraph (ca) and subparagraph (f)(i)
of that subsection, satisfied.
(2
) Subsection 136(2) shall, in cases of partition, apply with respect to the condition specified in paragraph (1)(h) of that section with the omission therefrom of subparagraph (b)(ii).
(3
) The State Director or, as the case may be, Land Administrator may, in the case of an application for approval of the partition of any land subject to the category “agriculture” waive the condition specified in paragraph 136(1)(h).
Application for partition by any co-proprietor 141a. Notwithstanding sections 140 and 141, any co-proprietor where other co-proprietors neither join in nor consent to the making of the application may apply for approval to partition the land.
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Applications for approval
Section 142
Any application for approval of the partition of any land shall be made in writing to the L...
(a)
such fee as may be prescribed;
(b)
a plan of the land on a scale sufficient to satisfy the
Land Administrator of all the details of the partition, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(c)
if it is so prescribed or, in the absence of any such prescription, if the Land Administrator so requires, a copy of any approval or consent required under paragraph 136(1)(c) (as applied by section 141);
(d)
all such written consents to the making of the application as are required under paragraph (e) of the said subsection as so applied; and
(e)
the written consent to the making of the application of any co-proprietor who has not joined therein, provided that in the case of an application made under section 141a, such consents shall be dispensed with.
(2
) Upon receiving any application under subsection (1), the
Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land to which it relates.
(3
) In the case of an application made under section 141a, the
Land Administrator shall notify the other co-proprietors of the proposed partition, requiring them to submit in writing within a period of twenty-eight days from the date of service of the notice, any objection setting out fully the grounds on which the objection is based.
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(4
) Upon expiry of the period specified in subsection (3), the
Land Administrator—
(a)
where there are objections, shall notify the applicant and the remaining co-proprietors and hold an enquiry at the specified time and place, and—
(i)
if satisfied that good grounds exist, shall reject the application or, in the case of an application relating to land the partition of which requires the approval of the State Director, shall recommend that the application be rejected; or
(ii)
in any other case, may approve the application or
(as the case may be), recommend to the State
Director that the application be approved; and
(b)
where there are no objections, after due consideration, may approve the application or (as the case may be), recommend to the State Director that the application be approved.
(5
) When the Land Administrator is satisfied that any application for partition of land is subject to—
(a)
the category “agriculture” or to any condition requiring its use for an agricultural purpose; and
(b)
the said land is two-fifths of a hectare or less than two-fifths of a hectare, he shall refer the application to be approved by the State Authority.
Powers of Land Administrator or State Director in relation to applications
Section 143
Where any application under subsection 142(1) relates to land the partition of which is req...
State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.
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(2
) If on any application under the said subsection (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director—
(a)
that the conditions for approval of the partition specified or referred to in paragraphs 141(1)(a) to (c) are satisfied;
or
(b)
that those conditions would be satisfied if the proposals in the application were modified in one or more minor respects, the Land Administrator or, as the case may be, State Director shall approve the partition in accordance with the said proposals, modified where necessary as mentioned in paragraph (b).
(3
) In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
(4
) On approving, or being informed by the State Director that he has approved, the partition of any land, the Land Administrator shall notify each of the co-proprietors of the approval, and of any modifications subject to which it is given, and shall in each such notification specify, and call upon the co-proprietors as a whole to pay to him within a specified time—
(a)
in a case where the individual portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable for the survey of each portion;
and
(b)
in every case, the fees chargeable in connection with the preparation and registration of final documents of title to each portion.
(5
) On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the co-proprietors, and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 142(2).
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Power of State Authority in relation to application for partition of land subject to the category “agriculture”
Section 143a
The State Authority may, upon giving due consideration to the application referred to it pu...
(2
) Upon approval by the State Authority, the Land Administrator shall notify each of the co-proprietors of such approval subject to any condition or modification subject to which the approval is given.
(3
) The Land Administrator shall call upon the co-proprietor who applies to partition the said land to pay to him within a specified time—
(a)
in a case where the individual portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable for the survey of each portion;
and
(b)
the fees chargeable in connection with the preparation and registration of final documents of title to each portion.
(4
) Where the State Authority rejects an application, the Land
Administrator shall notify the co-proprietors and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 142(2).
Issue of title to individual portions
Section 144
Section 139 shall have effect, mutatis mutandis, where the partition of any land has been a...
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Power of Court to facilitate termination of co-proprietorship
Section 145
Where, in the case of any land vested in co-proprietors—
(a)
any of the co-proprietors will neither join in, nor consent to the making of, an application for partition under this
Chapter; or
(b)
by reason of the operation of paragraph 136(1)(f)
(as applied by section 141), partition of the land between all of the co-proprietors is incapable of being approved under this Chapter, the Court, subject to and in accordance with the provisions of any law for the time being in force relating to civil procedure, may, on the application of any of the co-proprietors, make such order as it may think just for the purpose of enabling the co-proprietorship to be terminated.
(2
) Without prejudice to the generality of the power conferred by subsection (1), the Court may on any application under that subsection order—
(a)
that, subject to the making between the co-proprietors of such payments as the Court may consider equitable having regard to the comparative values of the individual portions thereby proposed, any application for partition made by one or more of the co-proprietors in the terms specified in the order shall be deemed for the purposes of this Chapter to have been made by them all;
(b)
that the undivided share of any of the co-proprietors be transferred on the terms specified in the order to the other co-proprietors, or to any of them; or
(c)
that the land be sold.
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National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 146
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) in subsection (1)—
(a)
delete the words “or Land Office” and
“or Land Administrator, as provided by subsection (2)”; and
(b)
in the proviso, substitute for the words
“mukim, town or village” the words
“town land or country land”;
(3
) delete subsection (2).
Section 147
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)−
(i)
delete the words “or, as the case may be,
Land Administrator”; and
(ii)
substitute for the words “in any of the circumstances” the words “in the circumstances”;
(2
) substitute for subsection (2) the following subsection:
“(2)
The circumstances mentioned in subsection (1) refer to situation where any dissimilarity exists between any of the said lots in any of the following respects:
(i)
the periods for which they are held;
(ii)
the rates at which rent is payable;
(iii)
the categories of land use, conditions and restrictions in interest to which they are subject.”;
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Chapter
Chapter 3—Amalgamation of lands
Power of proprietor to amalgamate contiguous lots with approval of State Director or Land A...
Section 146
Any person in whom two or more contiguous lots of alienated land are vested under separate...
Director or Land Administrator, as provided by subsection (2), amalgamate those lots into one, to be held by him under a single title:
Provided that nothing in this Chapter shall authorize the amalgamation of any lots which are not situated in the same mukim, town or village.
(2
) In the absence of any direction to the contrary by the State
Authority, the approval required by subsection (1) shall be given by the Land Administrator where the lots to be amalgamated are all held under Land Office title, and their combined area will not exceed four hectares, and by the State Director in every other case.
(3
) For the purposes of subsection (1), any two or more lots shall be taken to be contiguous if each of them shares one boundary at least in common with another of them.
Conditions for approval of amalgamation
Section 147
No amalgamation shall be approved by the State
Director or, as the case may be, Land Administrator unless the conditions specified in paragraphs 136(1)(a) to (g) for approval of the subdivision of land are, mutatis mutandis, and with the omission of subparagraph (c)(iii) and paragraph (ca) of that subsection, satisfied; and, in any of the circumstances specified in subsection (2), the sanction of the State Authority shall also be necessary before any amalgamation can be so approved.
(2
) The said circumstances are as follows:
(a)
where the lots to be amalgamated are all held under Land
Office title, and their combined area will exceed four hectares;
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(b)
where the said lots are held partly under Registry title and partly under Land Office title;
(c)
where any dissimilarity exists between any of the said lots in any of the following respects:
(i)
the periods for which they are held;
(ii)
the rates at which rent is payable;
(iii)
the categories of land use, conditions and restrictions in interest to which they are subject.
(3
) The sanction of the State Authority to any amalgamation shall, in a case falling within paragraph (2)(a) or (b), constitute its approval to the holding of the combined area under Registry title (or, if first applied for, the corresponding form of qualified title); and, so far as it may be necessary to do so by reason of any dissimilarity existing as mentioned in paragraph (c) of that subsection, the State Authority shall, on sanctioning any amalgamation, give such directions as it may think fit as to the period for which the combined area is to be held, the rate at which rent is to be paid in respect thereof, and the category of land use, conditions and restrictions in interest to be endorsed on any document of title thereto.
(4
) Where by any direction under subsection (3) the State
Authority extends the period for which any lot would otherwise have been held, it may require the payment by the proprietor, in consideration of the extension, of a premium of such amount as may be specified in the direction.
(5
) As from the date on which any land becomes subject by virtue of such a direction to any category of land use to which it was not previously subject, there shall cease to apply to the land all conditions to which it was previously subject other than those implied by section 114.
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Provisions of the
National Land Code
Modification
Section 147
In its application to the Federal Territory of Labuan—
(3
) in subsection (3)—
(a)
delete the words “, in a case falling within paragraph (2)(a) or (b)”; and
(b)
substitute for the words “paragraph (c) of that subsection” the words “subsection (2)”.
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Applications for approval
Section 148
Any application for approval of the amalgamation of any lots shall be made in writing to th...
Form 9c, and shall be accompanied by—
(a)
such fee as may be prescribed;
(b)
a plan showing the lots to be amalgamated, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land
Administrator may require;
(c)
if it is so prescribed or, in the absence of any such prescription, if the Land Administrator so requires, a copy of any approval required under paragraph 136(1)(c)
(as applied by subsection 147(1)); and
(d)
all such written consents to the making of the application as are required under paragraph (e) of the said subsection as so applied.
(2
) Upon receiving any application under subsection (1), the
Land Administration shall endorse, or cause to be endorsed, a note thereof on the register documents of title to each of the lots to which the application relates.
Powers of Land Administrator or State Director in relation to applications
Section 149
Where any application under subsection 148(1) relates to lots the amalgamation of which is...
State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.
(2
) If on any application under the said subsection (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director that the conditions for approval of the amalgamation specified in paragraphs 136(1)(a) to (g) (as applied by subsection 147(1)) are not satisfied, he shall reject the application.
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Provisions of the
National Land Code
Modification
Section 149
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), delete the words “the Land
Administrator or, in a case referred to him as aforesaid,”;
(2
) in subsection (3), delete the words “Land
Administrator or, as the case may be,”;
(3
) in subsection (4), substitute for the words
“On approving, or being informed” the words
“Where the Registrar is informed”;
(4
) in subsection (5), substitute for the words
“On rejecting, or being informed” the words
“Where the Registrar is informed”.
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(3
) If on any such application it appears to the Land Administrator or, as the case may be, State Director that the said conditions are satisfied, he shall—
(a)
approve the amalgamation; or
(b)
in a case where the sanction of the State Authority is first required, submit the application to the State Authority together with his recommendations thereon, and thereafter approve the amalgamation or reject the application as the State Authority may direct.
(4
) On approving, or being informed by the State Director that he has approved, the amalgamation of any lots, the Land
Administrator shall notify the proprietor of the approval, and of the terms of any direction given by the State Authority under subsection 147(3), and shall by such notification call upon the proprietor to pay to him within a specified time—
(a)
in a case where the combined area is to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey;
(b)
in every case, the fees chargeable in connection with the preparation and registration of final documents of title to the combined area; and
(c)
the amount of any premium chargeable by virtue of any such direction.
(5
) On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the proprietor, and shall cancel, or cause to be cancelled, the notes endorsed on the register documents of title pursuant to subsection 148(2).
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Provisions of the
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Modification
Section 157a
In its application to the Federal Territory of Labuan, substitute for subsection (2) the following subsection:
“(2) An application by a donee of a power of attorney under subsection (1) shall be accompanied by—
(a)
an office copy of the power of attorney under subsection 83(4) of the Stamp
Ordinance [Cap. 137], or an original copy of power of attorney attested by one of the following persons:
(i)
Magistrate;
(ii)
Justice of the Peace;
(iii)
Notary Public;
(iv)
Commissioner for Oaths;
(v)
Advocates; or
(vi)
Registrar; and
(b)
a copy thereof for filing by the Registrar.”.
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Issue of title to combined area
Section 150
Section 139 shall have effect, mutatis mutandis, where the amalgamation of any lots has bee...
Chapter
Chapter 4—Subdivision of buildings 151—157. (Repealed by Act 318).
Chapter 4—Subdivision of buildings 151—157. (Repealed by Act 318).
Part Nine (A)—POWERS OF ATTORNEY
Application by donee of a power of attorney 157a. (1) An application under Division III may be made by a donee of a power of attorney from the proprietor of the alienated land whereby the proprietor confers on the donee the power to make such application on behalf of the proprietor.
(2
) An application by a donee of a power of attorney under subsection (1) shall be accompanied by—
(a)
an office copy thereof within the meaning of section 10
of the Powers of Attorney Act 1949 [Act 424], or in the case of a power to which subsection 4(4) of that Act applies, the original thereof; and
(b)
a copy thereof for filing by the Registrar.
(3
) The donee of a power of attorney under subsection (1)
shall, notwithstanding anything contained in the power of attorney, have the power to do all such acts or things as may be necessary or required under this Act in relation to the application, and the proprietor shall be bound by all such acts or things done by the donee in the same manner as the proprietor would be bound if done by the proprietor personally.
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(4
) The Land Administrator may require from the donee of a power of attorney under subsection (1) or the donor thereof a statutory declaration or other evidence upon oath or affirmation, that the power of attorney was, at the material time, still in force.
Procedure in respect of filing of copy of power of attorney 157b. Where, pursuant to paragraph 157a(2)(b), an application is accompanied by a copy of a power of attorney for filing by the Registrar, the Registrar shall—
(a)
compare that copy with the office copy or, as the case may be, original power of attorney sent pursuant to paragraph (a) of that subsection; and
(b)
(i)
file the compared copy;
(ii)
note the existence of the compared copy, and the reference under which it is filed, both on the application and on the office copy or the original power of attorney; and
(iii)
return the office copy or original power of attorney to the person or body by whom it was sent.
Part Ten—PREPARATION AND MAINTENANCE OF
REGISTERS OF FINAL TITLE
Chapter
Chapter 1—The registers
Registry title—the register of grants and the register of State leases
Section 158
The Registrar shall open for the purposes of this Act two series of books, to be known resp...
(a)
the register of grants; and
(b)
the register of State leases,
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Section 158
In its application to the Federal Territory of Labuan—
(1
) at the end of subsection (1), substitute for the colon a full stop;
(2
) delete the proviso to subsection (1).
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and every grant and State lease registered by him under this Act, whether on the alienation of land under this Act or in continuation of title or in replacement of register document of title under
Chapter
Chapter 4, shall be bound up in a book of the appropriate series and serially numbered ther...
Chapter 4, shall be bound up in a book of the appropriate series and serially numbered therein:
Provided that where it is appropriate to issue a title in continuation in the form of multi...
(a)
the register of multileaf grants; and
(b)
the register of multileaf State leases.
(2
) The reference in subsection (1) to the registration of grants and State leases in continuation of title is a reference to their registration pursuant to—
(a)
Chapter 3 of this Part (that is to say, in continuation of an existing final title); or
(b)
Chapter 4 of Part Eleven (that is to say, on the conversion of qualified title into final title).
Land Office title—the Mukim Registers
Section 159
In respect of each mukim within his district, every
Land Administrator shall open for the purposes of this Act, and maintain at the Land Office, two series of books, to be known collectively as the Mukim Register.
(2
) One series of books opened under this section shall relate to Mukim grants, and another to Mukim leases; and every Mukim grant and Mukim lease prepared by the Land
Administrator for registration under this Act, whether on the alienation of land under this Act or in continuation of title
(as defined in subsection 158(2)) or in replacement of register document of title under Chapter 4, shall be bound up in a book of the appropriate series and serially numbered therein:
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Section 159
In its application to the Federal Territory of Labuan, delete this section.
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Provided that where it is appropriate to issue a title in continuation in the form of multileaf title, the Land Administrator shall open two new series of books to be known collectively as the Mukim
Register, one series relating to multileaf Mukim grants and another series relating to multileaf Mukim leases.
Saving for existing registers
Section 160
Every register of title subsisting at the commencement of this Act shall be retained by the...
Definition of “new district”
Section 160a
In this Part “new district” means one of the districts into which the territory of the Stat...
Powers of Land Administrator of new district in respect of registers 160b. (1) The Land Administrator of a new district shall have jurisdiction over land within the boundaries of the new district.
(2
) The Land Administrator shall, as soon as possible, make a note in every register document of title of alienated land within the boundaries of the district to the effect that the title shall form part of the registers of titles of the new district for land within a mukim, town or village from the date of the notification in the
Gazette under paragraph 11(a).
(2a
) Such action in relation to the land with subdivided building shall also be made to the subsidiary register.
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Section 160
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator”.
Section 160a
In its application to the Federal Territory of
Labuan, substitute for the words “the first day of
January 1966” the words “the commencement of the extended Code”.
Section 160b
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), substitute for the words
“mukim, town or village” the words “town or country”;
(2
) in subsection (3), substitute for the words “for the purposes of sections 159 and 160 and they shall be referred to as former registers” the words “for the purpose of section 160 and it shall be referred to as the former register”.
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(3
) Upon the entry of the note under subsection (2) the document of title shall be deemed to form part of the registers of title of the new district for the purposes of sections 159 and 160 and they shall be referred to as former registers:
Provided that it shall not be necessary for any amendment to be made to the title number in any former register and the said number shall not be taken into consideration in determining the title serial number of a new document of title for the new district.
(4
) The Land Administrator of the new district shall, as soon as possible, call upon the proprietor of the land affected by the note under subsection (2) to produce the issue document of title for the purpose of entering therein a copy of the said note and, upon completing the entry, shall return the same to the proprietor.
(5
) No register document of title and subsidiary register, which contain a note under subsection (2) or (2a), as the case may be, shall be removed from the Registry.
Issue of title in continuation 160c. (1) The Land Administrator shall as soon as possible after taking action under subsection 160b(2), cause a title in continuation to be issued in accordance with paragraph 166(1)(j).
(2
) In the case of land with subdivided building, the title in continuation shall be issued in respect of every document relating to parcel held under subsidiary title comprised thereto and the
Land Administrator shall, pursuant to subsection (1), cause the relevant strata register in Form 2 and Form 3 in the First Schedule to the Strata Titles Act 1985 to be re-established.
Chapter
Chapter 2—The subsidiary register 161—163. (Repealed by Act 318).
Chapter 2—The subsidiary register 161—163. (Repealed by Act 318).
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Chapter
Chapter 3—Final title in continuation of final title
Introductory
When title in continuation may be issued under this Chapter
Section 164
The issue of title in continuation under this Chapter shall consist of the preparation, reg...
Chapter of final documents of title in continuation of the final documents for the time being relating to any alienated land; and title in continuation may be so issued—
(a)
to the land as a whole;
(b)
to the individual portions into which the land is to be subdivided pursuant to Chapter 1 or 2 of Part Nine; or
(c)
to the combined area to be formed by the amalgamation of the land with any other land pursuant to Chapter 3
of that Part.
(2
) The circumstances in which title in continuation may be issued under this Chapter to any land as a whole are those specified in section 166; and the procedure for its issue in those circumstances shall be that specified in sections 167 to 170.
(3
) The circumstances in which title in continuation may be issued under this Chapter in cases of subdivision, partition and amalgamation are where the survey of the individual portions or combined area has been completed without the proprietor having applied for qualified title thereto; and the procedure for its issue in those circumstances shall be that specified in sections 171 to 173.
(4
) Where the title to be continued refers to two or more surveyed lots a new document of title shall be prepared, registered and issued in respect of each such lot and for the purposes of determination of annual rent subsection 171(3) shall apply.
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General provisions with respect to documents in continuation
Section 165
The preparation, registration and issue of documents in continuation under this Chapter sha...
(a)
by the Registrar in the case of grants and State leases, the issue documents appropriate thereto and documents relating to parcels held under subsidiary title; and
(b)
by the Land Administrator in the case of Mukim grants and
Mukim leases and the issue documents appropriate thereto and documents relating to parcels held under subsidiary title:
Provided that in the case of a title in continuation of any land covering more than one surveyed lot the Registrar or the Land
Administrator shall register and issue a new title in respect of each surveyed lot.
(2
) The registration of register documents of title prepared under this Chapter shall consist of their authentication under the hand and seal of the Registrar or Land Administrator, as the case may be; and the date of registration shall be inscribed on every such document by the Registrar or Land
Administrator.
(3
) Sections 89 to 91 shall apply to documents in continuation prepared under this Chapter as they apply to documents of final title prepared on alienation under Chapter 3 of Part Five:
Provided that, where the land to which the documents in continuation relate is subject to a charge or lien, nothing in section 90 shall be taken to authorize the issue of the issue documents to the proprietor of the land.
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Section 165
In its application to the Federal Territory of Labuan—
(1
) substitute for subsection (1) the following subsection:
“(1) The preparation, registration and issue of documents appropriate thereto and documents relating to parcels held under subsidiary title:
Provided that in the case of a title in continuation of any land covering more than one surveyed lot the Registrar shall register and issue a new title in respect of each surveyed lot.”;
(2
) in subsection (2), delete the words “or Land
Administrator, as the case may be” and “or
Land Administrator”.
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Continuation of Title to Land as a Whole
Circumstances in which title in continuation may be issued to land as a whole
Section 166
The circumstances in which title in continuation may be issued under this Chapter to any la...
(a)
where the Registrar or Land Administrator decides with respect to the register document of title thereto—
(i)
at the time when he makes any entry thereon, that there is insufficient space for the making of further entries; or
(ii)
at any time, that the document can, by reason of its physical condition, no longer be used;
(b)
where, on its production to him for any purpose, the
Registrar or Land Administrator makes a similar decision with respect to the issue document of title thereto;
(c)
where, by a notice or notices under section 15, the
Registrar or Land Administrator has called upon the proprietor, and any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof, to produce the issue document of title, and the notice or notices have not been complied with;
(d)
where an application therefor has been made by any person or body in accordance with subsections (2)
and (3), on the grounds that the issue document of title has been lost, or wholly or partially destroyed, or is being improperly or wrongfully withheld;
(e)
where, on a partial surrender of land or on the resurvey of a natural boundary, the Registrar is required by subsection 202(3) or 354(3) to issue title in continuation as if we were issuing title in continuation to land as a whole;
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Section 166
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
delete the words “or Land Administrator”
wherever they appear; and
(b)
delete subparagraph (a)(i);
(2
) in subsection (3), delete the words “or, in the case of land held under Land Office title, the Land
Administrator,” and “or Land Administrator”.
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(f)
where any alienated land has been partially affected by encroachment by the sea or any river;
(g)
where a document of title relates to more than one lot;
(h)
where only part of a piece of land has been acquired by the State and the part left unacquired has been resurveyed;
(i)
where the Registrar or Land Administrator decides that a multileaf title is required to be issued; and
(j)
where action has been taken under subsection 160b(2).
(2
) An application under paragraph (1)(d) may be made by the proprietor of the land in question, or by any person or body claiming through the proprietor.
(3
) Every such application shall be made in writing to the
Registrar or, in the case of land held under Land Office title, the
Land Administrator, and shall be supported by such evidence of the loss, destruction or withholding therein alleged as the Registrar or Land Administrator may require.
(4
) For the purpose of paragraph (1)(h), if the part acquired refers wholly or in part to underground land, the title in continuation to be issued for the part left unacquired shall be endorsed in accordance with subsection 92b(2).
Preliminary procedure in circumstances described in paragraph 166(1)(a) or (e)
Section 167
Where the Registrar or Land Administrator proposes to issue title in continuation in the ci...
(a)
call for its production as mentioned in paragraph (c) of that subsection; and
(b)
if it is not produced, take the further steps required by section 168 for cases falling within the said paragraph (c).
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New Section 166a
In its application to the Federal Territory of Putrajaya, insert after section 166 the following section:
“Continuation of titles for Federal Territory of Putrajaya 166a. All titles in respect of land situated in the Federal Territory of Putrajaya that had been registered by the relevant authorities, whether in the form of Land Office Titles or Registry
Titles before the establishment of the Federal
Territory of Putrajaya on 1 February 2001 shall be converted to Registry Titles registered in a
Registry in the Federal Territory of Putrajaya with effect from that date and titles in continuation may be issued accordingly.”.
—see P.U. (A) 180/2002;
P.U. (A) 278/2003
Section 167
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
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Provisions of the
National Land Code
Modification
Section 168
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
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Preliminary procedure in circumstances described in paragraph 166 (1)(c) or (d)
Section 168
Before issuing title in continuation in the circumstances described in paragraph 166(1)(c)...
Administrator shall—
(a)
cause notice of his intention to do so to be published in the Gazette in Form 10d; and
(b)
cause copies of the notice to be served on every person or body having a registered interest in the land, and to be published in accordance with section 433.
Costs of issuing title in continuation to land as a whole
Section 169
The fees chargeable in connection with the issue of title in continuation under this Chapte...
(a)
where it is issued on the application of any person or body under paragraph 166(1)(d), by the applicant;
(b)
in any other case, by the proprietor.
(2
) In a case falling within paragraph (1)(a), the said fees shall be paid before title in continuation is issued; and in any other case they shall, if not sooner paid, be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.
(3
) Where title in continuation has been issued by reason of the failure of any chargee or lienholder to produce the issue document of title to the land, or by reason of the improper or wrongful withholding of that document by any other person or body, the proprietor shall be entitled to recover any fees paid by him under this section from that chargee, lienholder or other person or body and, in the case of a chargee or lienholder, may do so by deducting the amount thereof from any payments subsequently falling due under the charge or lien.
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Form and content of documents in continuation of title to land as a whole
Section 170
For the purpose of the issue of title in continuation under this Chapter to any land as a w...
(a)
the register document of title to be prepared shall consist—
(i)
in the case of land held under Registry title, of a grant or State lease, according as the land is held in perpetuity or for a term of years;
(ii)
in the case of land held under Land Office title, of a Mukim grant or Mukim lease, according as the land is held in perpetuity or for a term of years; and
(iii)
in the case of any parcel of a building held under subsidiary title, of a document in Form 4 or 4a, as the case may be, in the First Schedule to the
Strata Titles Act 1985; and
(b)
the issue document of title to be prepared shall be in the form appropriate under this Act or the Strata Titles Act 1985, as the case may be, to the register document in question.
(2
) Every such document of title—
(a)
shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document of title;
(b)
shall specify—
(i)
in the case of land held under Registry or Land
Office title, the date on which it was first alienated, the title number originally allotted thereto and (if different) the number of the subsisting register document; and 195
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Section 170
In its application to the Federal Territory of Labuan—
(1
) in paragraph (1)(a)—
(a)
at the end of subparagraph (i), insert the word “and”; and
(b)
delete subparagraph (ii);
(2
) in subsection (2)—
(a)
delete the words “or Land Office” in subparagraph (b)(i); and
(b)
delete the words “is a certificate” in paragraph (c).
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(ii)
in the case of any parcel of a building held under subsidiary title, the number of the subsisting register document; and
(c)
shall contain, except in so far as they relate to matters which have ceased to be effective, the like memorials, endorsements and other entries as are contained in the subsisting register document (but, where that document is a certificate of title issued under any previous land law, setting out in full any conditions and restrictions in interest therein referred to).
(3
) In the case where the title in continuation is a land with subdivided building, a note relating to particulars of the title thereby continued shall be endorsed on Forms 2 and 3 and the register document in Form 4 or 4a, as the case may be, in the
First Schedule to the Strata Titles Act 1985.
Continuation of Title on Subdivision, Etc.
Preliminary procedure in cases of subdivision
Section 171
Where title in continuation is to be issued under this
Chapter on the subdivision of any alienated land, the Land
Administrator shall—
(a)
determine in accordance with subsection (3) the rent to be paid in respect of each subdivisional portion;
(b)
notify the proprietor of the rents so determined;
(c)
request the proprietor to deliver to him the issue document of title to the land; and
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Provisions of the
National Land Code
Modification
Subsection 171(2)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator, as the case may be,”.
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(d)
if any amount has been underpaid or overpaid in respect of survey fees under paragraph 138(4)(a), call upon the proprietor to pay the deficit or, as the case may be, refund to the proprietor the excess.
(2
) Title in continuation shall not be so issued until the proprietor has paid all amounts demanded of him under paragraph (b) of the said subsection (4) or paragraph (d) of the preceding subsection;
and if the proprietor fails to deliver up the issue document of title as requested, the Registrar or Land Administrator, as the case may be, shall not issue title in continuation until he has—
(a)
by a notice or notices under section 15, called for its production by any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof; and
(b)
if it is not produced, taken the further steps specified in section 168.
(3
) The rent determined pursuant to paragraph (1)(a) in respect of any subdivisional portion shall be an amount computed by reference to—
(a)
the area of the portion as established on its survey; and
(b)
the rate per hectare at which rent is currently payable in respect of the whole land, and where the rate referred to in paragraph (b) is not otherwise ascertainable, it shall be calculated by dividing the total rent payable in respect of the whole by the total area thereof, for which purpose subsection 96(1) relating to fractions of a hectare shall apply to the area of the whole as they apply to the area of the portion.
(4
) The rent determined as aforesaid in respect of any subdivisional portion shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of title thereto is registered under this Chapter.
(5
) (Deleted by Act A615).
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Preliminary procedure in cases of partition and amalgamation
Section 172
Where title in continuation is to be issued under this Chapter on the partition or amalgama...
Provided that, in cases of amalgamation, the rent determined in respect of the combined area pursuant to paragraph (1)(a) of that section shall, where the rates at which rent was paid in respect of the component lots were dissimilar, be an amount computed by reference to such new rate as the State Authority may have directed under subsection 147(3).
Form and content of documents in cases of subdivision, partition and amalgamation
Section 173
For the purpose of the issue of title in continuation under this Chapter on the subdivision...
(a)
the register document or documents of title to be prepared shall consist of one or more grants, State leases, Mukim grants or Mukim leases, according as the land or lands in question are held under Registry or Land Office title, and in perpetuity or for a term of years; and
(b)
the issue document or documents to be so prepared shall be in the form appropriate under this Act to the register document or documents in question:
Provided that, in the cases of amalgamation specified in paragraphs 147(2)(a) and (b), a grant or State lease shall be prepared notwithstanding that some or all of the lands in question were formerly held under Land Office title.
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Provisions of the
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Modification
Section 173
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
substitute for paragraph (a) the following paragraph:
“(a) the register document or documents of title to be prepared shall consist of one or more grants or Federal leases according as to how the land or lands in question are held under
Registry title whether in perpetuity or for a term of years; and”;
(b)
at the end of paragraph (b), substitute for the colon a full stop; and
(c)
delete the proviso;
(2
) in subsection (2), delete the words “or Land
Administrator, as the case may be” wherever they appear in the proviso.
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(2
) Subsection 170(2) shall apply, mutatis mutandis, with respect to the contents of any documents of title so prepared:
Provided that in complying with paragraph (c) of the said subsection (2) the Registrar or Land Administrator, as the case may be—
(i)
shall make such modifications with respect to any entry on the subsisting register document or documents of title as may be necessitated by the circumstances;
(ii)
in cases of subdivision and partition, shall omit any entry relating to a matter which is incapable of affecting the portion in question; and
(iii)
in cases of amalgamation, shall give effect also to any direction given by the State Authority under subsection 147(3):
And provided further that the Registrar or Land Administrator, as the case may be, shall vary the express conditions or rent to suit the use of the portion as approved in the subdivisional plan.
Procedure after Issue of Title in Continuation
Cancellation, etc., of subsisting documents of title
Section 174
On the registration of any register document of title under this Chapter—
(a)
there shall be endorsed across the face of the subsisting register document or documents a statement to the effect that the title or titles in question have been continued in the first-mentioned document (specifying the serial number thereof); and
(b)
the subsisting issue document or documents shall, if they have been delivered up, be destroyed.
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Modification
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Provisions of the
National Land Code
Modification
Subsection 174(3)
In its application to the Federal Territory of Labuan, substitute for the words “the Land Administrator shall, where appropriate, transmit to the Registrar, for destruction under this section,” the words “the
Registrar shall destroy”.
Section 175
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
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(2
) On the making of any endorsement under paragraph (1)(a), the subsisting register document or documents, and any subsisting issue document which has not been destroyed pursuant to paragraph (b)
of that subsection, shall be deemed to have been cancelled; and no entry shall thereafter be made thereon.
(3
) In cases of subdivision, partition and amalgamation, the
Land Administrator shall, where appropriate, transmit to the
Registrar, for destruction under this section, any issue document delivered to him pursuant to a request under paragraph 171(1)(c)
or, as the case may be, that paragraph as applied by section 172.
Issue of Duplicate Issue Document Only
Power to issue duplicate issue document only where register document not in need of renewal
Section 175
Where the Registrar or Land Administrator is empowered to issue title in continuation to an...
(a)
the register document of title to the land does not, in his opinion, require replacement; and
(b)
the issue document was issued under this Act, he may, instead of issuing title in continuation, issue a duplicate issue document only.
(2
) Where the circumstances in which the Registrar or Land
Administrator proposes to issue a duplicate issue document under this section are those described in paragraph 166(1)(c) or (d), section 168 shall apply, mutatis mutandis, as they would if he proposed to issue title in continuation in the like circumstances.
(3
) Section 169 shall apply with respect to the fees payable in connection with the issue of duplicate issue documents as they apply with respect to the fees payable in connection with the continuation of title to land as a whole.
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(4
) Any duplicate issue document issued under this section shall have the like validity and effect in all respects as that which it is intended to replace.
(5
) On issuing any such document, the Registrar or Land
Administrator shall make a memorial thereof on the register document of title to the land, showing the date of issue and the reasons therefor; and the former issue document shall thereupon be deemed to have been cancelled for all purposes, and shall, if in his hands, be destroyed forthwith.
Chapter
Chapter 4—Replacement of register document of final title
Power to replace register document of title where the register is lost, etc.
Section 175a
Where any register document of final title (including the subsidiary register) is lost, or...
Administrator shall as soon as may be after being satisfied of such loss, destruction or illegibility—
(a)
cause a notice to be published in the Gazette in
Form 10e; and
(b)
cause copies of the notice to be served on every person or body, if known, having a registered interest in the land registered in the original register, and to be published in accordance with section 433.
(2
) Upon publication in the Gazette of the notice under subsection (1) no Registrar or Land Administrator shall—
(a)
accept for registration any instrument of dealings affecting;
or
(b)
enter any private caveat or lienholder’s caveat under section 322 or 330 in respect of, land registered in the original register until the provisional register document of title relating to the land has been authenticated under section 175f.
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Provisions of the
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Modification
Section 175a
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
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Application for registration as a proprietor of land or of interest in the present register 175b. (1) Within three months from the date of publication in the Gazette of the notice in accordance with subsection 175a(1)—
(a)
the proprietor of land registered in the original register or his representative and any person or body having a registrable interest in the land or being holder of a lien over the land or over any lease or sublease thereof, may apply to the Registrar or Land Administrator in
Form 10f that the name of the proprietor and any registered interest be entered in a provisional register document of title;
(b)
any person or body who is in possession of the issue document of title to the land registered in the original register, shall deliver the same to the Registrar or Land
Administrator.
(2
) The Registrar or Land Administrator shall retain any issue document of title delivered to him pursuant to subsection (1) and shall acknowledge receipt thereof in Form 10g.
Preparation of provisional register document of title 175c. (1) From the issue document of title delivered to him, if any, pursuant to section 175b and from other records available in the Registry or Land Office or from any other official records, the Registrar or Land Administrator shall prepare in the manner as provided in subsections (2) and (3), a provisional register document of title.
(2
) The provisional register document of title to be prepared under subsection (1) shall—
(a)
in the case of land held under Registry title, consist of a Grant or State Lease, according as the land is held in perpetuity or for a term of years;
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Provisions of the
National Land Code
Modification
Section 175b
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
Section 175c
In its application to the Federal Territory of Labuan—
(1
) delete the words “or Land Administrator”
wherever they appear;
(2
) in subsection (2)—
(a)
at the end of paragraph (a), insert the word “and”; and
(b)
delete paragraph (b);
(3
) in paragraph (3)(a), delete the words “is a certificate”.
Laws of Malaysia 298
(b)
in the case of land held under Land Office title, consist of a Mukim Grant or Mukim Lease, according as the land is held in perpetuity or for a term of years; and
(c)
in the case of any parcel of a building held under subsidiary title, consist of a document in Form 4 in the
First Schedule to the Strata Titles Act 1985.
(3
) The provisional register document of title shall bear an endorsement of the word “provisional” in a prominent form and shall contain—
(a)
except in so far as they relate to matters which have ceased to be effective, the like memorials endorsements and other entries as are contained in the original register, if they are legible (but, where the document is a certificate of title issued under any previous land law, setting out in full any conditions and restrictions in interest therein referred to); and
(b)
such entries relating to the name of proprietor, the name of any person or body having a registrable interest in the land, the nature and extent of such interest, as may be applied to be made therein under paragraph 175b(1)(a).
(4
) Upon the completion of the preparation of the provisional register document of title, the Registrar or Land Administrator shall sign, seal and date the said register document of title.
Provisional register document of title to be opened for inspection 175d. (1) As soon as may be after the completion of the provisional register document of title the Registrar or Land Administrator shall—
(a)
cause a notice in Form 10h to be published in the Gazette;
(b)
cause copies of the notice to be served on every person or body who applied under paragraph 175b(1)(a), and to be published in accordance with section 433; and 203
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Provisions of the
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Modification
Section 175d
In its application to the Federal Territory of Labuan—
(1
) in subparagraph (1)(c), delete the words “or
Land Office, as the case may be”;
(2
) delete the words “or Land Administrator”
wherever they appear.
Laws of Malaysia 300
(c)
cause the provisional register document of title to be opened for public inspection without payment at any time during normal office hours of the Registry or Land
Office, as the case may be.
(2
) A note of the publication in the Gazette of the notice under subsection (1) shall be endorsed by the Registrar or Land
Administrator on the provisional register document of title.
Objection 175e. (1) Any person or body who—
(a)
has an interest in the land to which the provisional register document of title relates; and
(b)
wishes to object to any entry therein or to any omission thereof, may do so within a period of three months from the date of publication in the Gazette of the notice in accordance with paragraph 175d(1)(a) by lodging with the Registrar or Land
Administrator a notice of objection in Form 10i.
(2
) The Registrar or Land Administrator shall as soon as may be after the expiry of the period specified in subsection (1), hold an enquiry into any objection and the provision of Chapter 4 of
Part Two shall have effect in relation to such enquiry with the omission of section 27 (which relates to the advertisement of enquiries), and no persons or bodies other than—
(a)
the proprietor and the person or body having registrable interest in the land whose name was entered in the provisional register document of title pursuant to paragraph 175c(3)(b); and 204
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Provisions of the
National Land Code
Modification
Section 175e
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
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(b)
the persons or bodies who lodged an objection under subsection (1), shall be entitled to be heard or to adduce evidence at such enquiry (and accordingly the persons and bodies mentioned in paragraphs (a) and (b) shall be the only persons or bodies entitled to apply for a postponement or change of venue under subsection 28(2), or to receive notice under subsection (4) of that section of any cancellation, postponement or change of venue).
Authentication of the provisional register document and the effect of such authentication 175f. (1) If after the expiration of three months from the date of publication in the Gazette of the notice in accordance with subsection 175d(1) there has been no objection under subsection 175e(1), the Registrar or Land Administrator shall authenticate the provisional register document of title under his hand and seal by deleting the word “provisional”.
(2
) If there has been an objection under subsection 175e(1), the Registrar or Land Administrator shall after the final decision thereon give effect to the decision and authenticate the provisional register document under his hand and seal by deleting the word
“provisional”.
(3
) The provisional register document of title authenticated under subsection (1) or (2) shall be deemed to be register document of title prepared under Chapter 3.
(4
) For the purpose of the issue of title under this Chapter, the issue document shall be in the form appropriate under this Act or the Strata Titles Act 1985, as the case may be, to the register document in question including the strata register, if any.
(5
) Sections 89 to 91 shall apply to documents prepared under this Chapter as they apply to documents of final title prepared on alienation under Chapter 3 of Part Five:
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Provisions of the
National Land Code
Modification
Section 175f
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
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Provided that where the land to which the documents prepared under this Chapter relate is subject to a charge or lien, nothing in section 90 shall be taken to authorize the issue of the issue documents of title to the proprietor of the land.
(6
) On issuing any issue documents of title under this Chapter, the Registrar or Land Administrator shall make a memorial thereof on the register document of title to the land authenticated under this section, showing the date of issue.
(6a
) The former issue document of title shall thereupon be stamped with the word “CANCELLED”, signed and sealed and—
(a)
shall be destroyed on the expiry of one year after issuance of the issue document of title under this Chapter; or
(b)
shall be retained by the Registrar or the Director General of Lands and Mines for the purposes of research; or
(c)
shall be kept in any archive, library or museum.
(7
) In this section, “final decision” means the decision of the
Registrar or Land Administrator in case where there is no appeal or the decision of the Court in case where there is an appeal under section 418.
Part Eleven—QUALIFIED TITLE
Chapter
Chapter 1—Introductory
Purposes and effect of qualified title
Section 176
The purposes of qualified title are—
(a)
to enable land to be alienated in advance of survey;
(b)
to enable title to be issued in advance of survey—
(i)
to the individual portions into which any alienated land is to be subdivided or partitioned pursuant to Chapter 1 or 2 of Part Nine; or 206
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Modification
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Provisions of the
National Land Code
Modification
Section 177
In its application to the Federal Territory of Labuan—
(1
) substitute for subsection (1) the following subsection:
“(1)
The form of qualified title shall be a form corresponding to Registry title.”;
(2
) in paragraph (2)(a), delete the words “or 11b”
and “or that corresponding to Land Office title”.
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(ii)
to the combined area to be formed by the amalgamation of any such lands pursuant to
Chapter
Chapter 3 of that Part.
(2
) Qualified title shall confer on the proprietor the like rights in every respect as those conferred (as mentioned in section 92)
by final title, save that—
(a)
the boundaries of the land shown on the document of title thereto shall be provisional only except so far as any of them may have been established by any earlier survey; and
(b)
unless otherwise provided for under this Act, the land shall not be capable of being subdivided or partitioned, or included in any amalgamation, nor shall any building thereon be capable of subdivision.
(3
) The alienation of land under qualified title, and the issue of qualified title in cases of subdivision, partition and amalgamation, shall be effected in accordance with the provisions of Chapters 2
and 3 respectively; and qualified title may be converted into final title in accordance with the provisions of Chapter 4.
Forms of qualified title, and documents of title appropriate thereto
Section 177
There shall be two forms of qualified title, that is to say—
(a)
a form corresponding to Registry title; and
(b)
a form corresponding to Land Office title:
Provided that where it is appropriate to issue a title in continuation in the form of a multileaf title, a multileaf register of qualified titles shall be opened.
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(2
) Documents of qualified title shall consist of—
(a)
a register document of title which shall be in Form 11a or 11b, according as the land in question is to be held under the form of qualified title corresponding to Registry title or that corresponding to Land Office title; and
(b)
an issue document of title which shall be a copy of the register document.
(3
) (Deleted by Act A587).
Preparation, registration and issue of documents of qualified title
Section 178
Documents of qualified title shall be prepared, registered and issued by the Registrar in t...
(2
) The registration of register documents of qualified title shall consist of their authentication under the hand and seal of the Registrar or Land Administrator, as the case may be; and the date of registration shall be inscribed on every such document by the Registrar or Land Administrator.
(3
) Sections 89 to 91 shall apply to documents of qualified title as they apply to documents of final title:
Provided that, where any issue document of qualified title is prepared in respect of land subject to a lien or charge, nothing in section 90 shall be taken to authorize the issue thereof to the proprietor of that land.
Registers of qualified title
Section 179
Registers of qualified title shall be prepared and maintained for the purposes of this Act...
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Provisions of the
National Land Code
Modification
Section 178
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “, and by the Land Administrator in the case of that corresponding to Land Office title”;
(2
) in subsection (2), delete the words “or Land
Administrator, as the case may be” and “or
Land Administrator”.
Section 179
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “and every
Land Administrator”;
(2
) delete subsection (3);
(3
) in subsection (4), substitute for the words
“subsections (2) and (3)” the words
“subsection (2)”.
Laws of Malaysia 310
(2
) In the case of the Registrar—
(a)
a separate register shall be prepared and maintained in respect of each district within the State;
(b)
every such register shall consist of a series of books relating to land within the district held under the form of qualified title corresponding to Registry title; and
(c)
every register document of title in Form 11a prepared by him for registration under this Act (whether on the alienation of land thereunder or in continuation of title)
shall be prepared on a separate folio, serially numbered, in a book of the appropriate register.
(3
) In the case of any Land Administrator—
(a)
a separate register shall be prepared and maintained in respect of each mukim within his district;
(b)
every such register shall consist of a series of books relating to land within the mukim held under the form of qualified title corresponding to Land Office title; and
(c)
every register document of title in Form 11b prepared by him for registration under this Act (whether on the alienation of land thereunder or in continuation of title)
shall be prepared on a separate folio, serially numbered, in a book of the appropriate register.
(4
) The references in subsections (2) and (3) to the preparation of register documents in continuation of title are references to their preparation in any of the circumstances described in
Chapter
Chapter 3.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 312
Provisions of the
National Land Code
Modification
Subsection 180(1)
In its application to the Federal Territory of Labuan, substitute for the words “Land Administrator or
Registrar, as the case may be” the word “Registrar”.
Subsection 181(1)
In its application to the Federal Territory of Labuan, delete paragraph (c).
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Chapter
Chapter 2—Alienation under qualified title
Qualified title to be registered and issued upon approval of alienation
Section 180
Where approval of the State Authority to alienation of any land whether under this Act or u...
(2
) Before the registration of qualified title under subsection (1)
all items of land revenue specified in paragraphs 81(1)(a) to (d)
shall be paid in respect of the land.
Procedure prior to registration and issue of qualified title
Section 181
Before the registration and issue of the documents of qualified title under section 180 in...
Administrator shall—
(a)
unless it has already been done to his satisfaction, or is in his opinion impracticable, cause the boundaries of the land to be provisionally demarcated on the surface of the ground in accordance with the plan and description by reference to which the approval of the State Authority to its alienation was given;
(b)
prepare a plan of the land for the purpose of its being copied onto the document or documents of qualified title to be prepared in respect thereof;
(c)
in the case of land ultimately to be held under Land Office title, issue, in accordance with sections 177 and 178, qualified title thereto in the form corresponding to Land
Office title;
(ca)
cause a requisition for survey to be prepared and sent to the Director of Survey and Mapping;
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(d)
in the case of land ultimately to be held under Registry title, send the plan prepared under paragraph (b) to the Registrar, for the purpose of the issue by him, in accordance with the said provisions, of qualified title in the form corresponding to Registry title.
(2
) Where qualified title is issued under this Chapter to any land in respect of which an entry subsisted at the commencement of this Act in any register of approved occupation, the Land
Administrator shall cancel the entry and make a note on the register to the effect that qualified title has been so issued.
Rent to be paid on basis of approved area
Section 182
The rent falling due in respect of any land at any time after it has been alienated under q...
State Authority.
Chapter
Chapter 3—Final title and qualified title in continuation
On Subdivision, Partition and Amalgamation of
Lands Held under Final Title
Subdivision
Section 183
The proprietor of any alienated land the subdivision of which has been approved under Chapt...
(2
) Every such application shall be accompanied by the fee for the time being prescribed and, unless the proprietor alleges that it is for any reason incapable of production, the issue document of title to the land:
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Provisions of the
National Land Code
Modification
Section 183
In its application to the Federal Territory of Labuan—
(1
) in the proviso to subsection (2), substitute for the words “Land Office” the word “Registry”;
(2
) in subsection (4)—
(a)
delete paragraph (d); and
(b)
in the proviso, delete the words “or Land
Administrator, as the case may be,”.
Laws of Malaysia 316
Provided that, where the proprietor is unable to produce the issue document because it is in the hands of any person or body as chargee or lienholder, the application shall be accompanied instead by a copy of a request by the proprietor, served on that person or body under subsection 244(2) or 281(4), for the production of the document at the Land Office within fourteen days of the date thereof.
(3
) No such application shall be entertained unless and until the sums demanded under subsection 138(4) have been duly paid.
(4
) On receiving any such application, the Land Administrator
(subject to subsection (3)) shall—
(a)
determine as mentioned in subsection (5) the rent to be paid in respect of each subdivisional portion so long as it remains held under qualified title;
(b)
notify the proprietor of the rent so determined;
(ba)
if the survey is to be done by a Survey Officer, cause a requisition for survey to be prepared and sent to the
Director of Survey and Mapping;
(c)
prepare plans of the subdivisional portions for the purpose of their being copied onto the documents of qualified title to be prepared in respect thereof;
(d)
if the land is held under Land Office title, issue, in accordance with sections 177 and 178, qualified title to the subdivisional portions in the form corresponding to Land Office title;
(e)
if the land is held under Registry title, send the plans prepared under paragraph (c) and (if delivered up) the issue document of title to the Registrar for the issue by him, in accordance with the said provisions, of qualified title to the subdivisional portions in the form corresponding to Registry title:
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 183a
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) delete the words “or the Land Administrator, as the case may be,”.
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Provided that, in any case where the issue document of title to the land has not been delivered up, the Registrar or
Land Administrator, as the case may be, shall not issue qualified title until he has either secured its production by a notice under section 15 or, if unable to do so, taken the steps specified in section 168.
(5
) The rent determined pursuant to paragraph (4)(a) in respect of any subdivisional portion—
(a)
shall be an amount computed on the basis of the area of the portion as estimated in the application for approval of the subdivision, but otherwise in the like manner as that specified in subsection 171(3);
(b)
shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of qualified title is first registered in respect thereof.
Power of Registrar or Land Administrator relating to the issuance of final title upon subdivision 183a.
Notwithstanding that an application made under subsection 183(1) is for the issue of qualified title in continuation of existing final title, the Registrar or the Land Administrator, as the case may be, may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the subdivisional portion.
Partition
Section 184
Section 183 shall have effect, with the necessary modifications, for the purpose of enablin...
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Power of Registrar or Land Administrator relating to the issuance of final title upon partition 184a. Notwithstanding that an application made under section 184
is for qualified title, the Registrar or the Land Administrator, as the case may be, may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the individual portion.
Amalgamation
Section 185
Section 183 shall likewise have effect, with the necessary modifications, for the purpose o...
(2
) The said modifications shall include the following:
(a)
that, in the cases specified in paragraphs 147(2)(a) and (b), the form of qualified title to be issued shall be that corresponding to Registry title, notwithstanding that some or all of the lands comprised in the combined area are held under Land Office title; and
(b)
that the factors by reference to which the rent of the combined area is to be determined shall be—
(i)
the aggregate area of the component lots; and
(ii)
the rate at which rent is currently payable in respect of those lots or, where those rates are dissimilar, such new rate as the State Authority may have directed under subsection 147(3).
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Provisions of the
National Land Code
Modification
Section 184a
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) delete the words “or the Land Administrator, as the case may be,”.
Subsection 185(2)
In its application to the Federal Territory of Labuan, delete paragraph (a).
Laws of Malaysia 322
Power of Registrar or Land Administrator relating to the issuance of final title upon amalgamation 185a.
Notwithstanding that an application made under subsection 185(1) is for qualified title, the Registrar or the Land
Administrator, as the case may be, may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the combined area.
Contents of documents prepared on subdivision, partition or amalgamation
Section 186
Every document of qualified title prepared on the subdivision, partition or amalgamation of...
(a)
shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document or documents (or, in cases of partition, in the name of such one of those persons or bodies as may be appropriate);
(b)
shall specify the date or dates on which the land or lands in question were first alienated, the title number or numbers originally allotted thereto and (if different) the number or numbers of the subsisting register document or documents; and
(c)
subject to subsections (2) and (3), shall contain, except in so far as they relate to matters which have ceased to be effective, the like memorials, endorsements and other entries as are contained in the subsisting register document or documents.
(2
) In cases of subdivision and partition, paragraph (1)(c) shall not be taken to require the setting out in full of any conditions or restrictions in interest endorsed on, or referred to in, the subsisting register document; but the document of qualified title 215
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Provisions of the
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Modification
Section 185a
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) delete the words “or the Land Administrator, as the case may be,”.
Subsection 186(2)
In its application to the Federal Territory of
Labuan, in the proviso, delete the words “or Land
Administrator, as the case may be,”.
Laws of Malaysia 324
shall refer to those conditions and restrictions, and shall state that the land to which it relates is subject to them so far as they are capable of applying thereto and subject to any modifications which may be necessitated by the circumstances:
Provided that in cases of subdivision, the Registrar or Land
Administrator, as the case may be, shall vary the express conditions or rent to suit the use of the portion as approved in the subdivisional plan.
(3
) In complying with paragraph (1)(c) in cases of amalgamation—
(a)
any conditions or restrictions in interest which are merely referred to in the subsisting register documents shall be set out in full;
(b)
such modifications may be made with respect to any entry as may be necessitated by the circumstances; and
(c)
effect shall be given to any direction given by the State
Authority under subsection 147(3).
Where Register Document of Qualified Title
Requires Replacement
Power to issue title in continuation where register document full up, etc.
Section 187
Where, in the case of any land held under qualified title, it appears to the Registrar or L...
(a)
at the time when he makes any entry on the register document of title thereto, that there is insufficient space thereon for the making of further entries; or
(b)
at any time, that the register document of title can, by reason of its physical condition, no longer be used, he shall prepare and register a new register document in the like form or in the multileaf form (and, if an issue document of title exists in respect of the land, prepare and issue a new issue document also) which shall be in continuation of the subsisting document or documents.
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Provisions of the
National Land Code
Modification
Section 187
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator” wherever they appear.
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(2
) Before preparing title in continuation under this section in a case where an issue document of title exists in respect of the land but is not in his hands, the Registrar or Land Administrator shall—
(a)
call for its production as mentioned in paragraph 166(1)(c);
and
(b)
if it is not produced, take the further steps specified in section 168.
(3
) Every document of qualified title prepared pursuant to this section—
(a)
shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document of title;
(b)
shall specify the date on which the land in question was first alienated, the title number originally allotted thereto and (if different) the number of the subsisting register document; and
(c)
shall contain, except in so far as they relate to matters which have ceased to be effective, the like memorials, endorsements and other entries as are contained in the subsisting register document.
(4
) The fees chargeable in connection with the issue of title in continuation under this section shall be payable by the proprietor and, if not sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of, the rent next due in respect of the land.
Power to replace register document of qualified title where the register is lost, etc.
Section 187a
Where the register document of title to any land held under qualified title is lost, or who...
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 187b
In its application to the Federal Territory of Labuan—
(1
) delete the words “or Land Administrator”
wherever they appear;
(2
) in subsection (3), delete the words “or, in the case of land held under Land Office Title, the Land Administrator,”.
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Power to issue title in continuation upon creation of a new district under section 160a 187aa. Where the register document of title to any land held under qualified title comes under the jurisdiction of the Land
Administrator of a new district following a notification in the
Gazette under paragraph 11(a), sections 160b and 160c shall apply mutatis mutandis as they apply in the case where any register document of final title to any land comes within the boundaries of a new district.
Issue of a Duplicate Issue Document of
Qualified Title
Power to issue duplicate issue document of qualified title only where register document not in need of renewal 187b. (1) Where, in the case of any land held under qualified title—
(a)
the Registrar or Land Administrator by a notice or notices under section 15, has called upon the proprietor, and any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof, to produce the issue document of title, and the notice or notices have not been complied with; or
(b)
an application has been made by any person or body in accordance with subsections (2) and (3), on the grounds that the issue document of qualified title has been lost, or wholly or partially destroyed, or is being improperly or wrongfully withheld, and the Registrar or Land Administrator is of the opinion that the register document of title to the land does not require replacement, he may subject to subsection (4) issue a duplicate issue document.
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(2
) An application under paragraph (1)(b) may be made by the proprietor of the land in question, or by any person or body claiming through the proprietor.
(3
) Every such application shall be made in writing to the
Registrar or, in the case of land held under Land Office title, the
Land Administrator, and shall be supported by such evidence of the loss, destruction or withholding therein alleged as the Registrar or Land Administrator may require.
(4
) Before issuing a duplicate issue document under this section, the Registrar or Land Administrator shall—
(a)
cause notice of his intention to do so to be published in the Gazette in Form 11c; and
(b)
cause copies of the notice to be served on every person or body having a registered interest in the land, and to be published in accordance with section 433.
(5
) The fees chargeable in connection with the issue of duplicate issue document under this section shall be payable by the proprietor and if not sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of the rent next due in respect of the land.
(6
) Where a duplicate issue document has been issued by reason of the failure of any chargee or lienholder to produce the issue document of title to the land, or by reason of the improper or wrongful withholding of that document by any other person or body, the proprietor shall be entitled to recover any fees paid by him under this section from that chargee, lienholder or other person or body and, in the case of a chargee or lienholder, may do so by deducting the amount thereof from any payments subsequently falling due under the charge or lien.
(7
) Subsections 175(4) and (5) shall apply to any duplicate issue document issued under this section as they apply to any duplicate issue document issued under that section.
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Procedure after Issue of Title in Continuation
Cancellation, etc., of subsisting documents of title
Section 188
The provisions of subsections 174(1) and (2) with respect to the cancellation and destructi...
Chapter
Chapter 4—Conversion of qualified title into final title
Conversion to take place after survey
Section 189
Where any land held under qualified title has been duly surveyed in accordance with section...
Procedure in case of land alienated under qualified title
Section 190
In the case of land which became held under qualified title upon alienation—
(a)
section 83 shall apply to its survey for the purposes of the issue of final title;
(b)
on completion of the survey, all items of land revenue previously paid in respect thereof which were computed on the basis of the area provisionally approved for alienation shall be recomputed on the basis of the actual area of the land as established by the survey; and
(c)
any amounts underpaid or overpaid in respect of any such item, or in respect of survey fees, shall become payable to or by the State Authority and, in the case of amounts underpaid, shall be paid before final title is issued.
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(2
) For the purposes of paragraph (1)(b), subsections 96(1) and (2)
shall apply to the computation of premiums as they apply to the computation of rents.
Procedure in case of land held under qualified title on subdivision, etc.
Section 191
In the case of land which became held under qualified title on a subdivision, partition or...
(a)
on completion of the survey for the purposes of the issue of final title, the rent payable in respect thereof shall be recomputed on the basis of the actual area of the land as established by the survey; and
(b)
any amounts underpaid or overpaid by way of rent in respect of the period during which the land was held under qualified title, or in respect of survey fees, shall become payable to or by the State Authority and, in the case of amounts underpaid, shall be paid before final title is issued.
Preparation, registration and issue of documents of final title
Section 192
The documents of final title to be prepared, registered and issued in respect of any land u...
(a)
a register document in the form of a grant, State lease, Mukim grant or Mukim lease, according as the land is held under the form of qualified title corresponding to Registry title or that corresponding to Land Office title, and in perpetuity or for a term of years; and
(b)
an issue document in the form appropriate under this Act to the register document in question.
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Provisions of the
National Land Code
Modification
Section 192
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
substitute for the coma after the word
“grant” the word “or”; and
(b)
delete the words “Mukim grant or Mukim lease,” and “or that corresponding to
Land Office title,”;
(2
) in subsection (2), delete the words “or Land
Administrator, as the case may be,”;
(3
) in subsection (3), delete the words “or Land
Administrator, as the case may be” and “or
Land Administrator”.
Laws of Malaysia 334
(2
) Where an issue document of qualified title exists in respect of the land, the Registrar or Land Administrator, as the case may be, shall, before issuing final title under this
Chapter—
(a)
call for its production as mentioned in paragraph 166(1)(c); and
(b)
if it is not produced, take the further steps specified in section 168.
(3
) The registration of register documents of title prepared under this Chapter shall consist of their authentication under the hand and seal of the Registrar or Land Administrator, as the case may be; and the date of registration shall be inscribed on every such document by the Registrar or Land Administrator.
(4
) Sections 89 to 91 shall apply to documents of final title prepared under this Chapter as they apply to documents of final title prepared under Chapter 3 of Part Five:
Provided that where the land to which any such documents relate is subject to a charge or lien, nothing in section 90 shall be taken to authorize the issue of the issue document to the proprietor of the land.
Contents of documents of title
Section 193
Every document of title prepared under this Chapter—
(a)
shall be prepared in the name of the person or body last registered as proprietor in the subsisting register document of title;
(b)
shall specify the date on which the land in question was first alienated, the title number originally allotted thereto and (if different) the number of the subsisting register document; and
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Provisions of the
National Land Code
Modification
Laws of Malaysia 336
Provisions of the
National Land Code
Modification
Section 195
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) in subsection (1), delete the words “, Land
Office title” and “or Land Administrator”;
(3
) substitute for subsection (2) the following subsection:
“(2) In the absence of any direction to the contrary by the State Authority, the approval required by subsection (1) shall be given by the State Director.”.
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(c)
shall contain, except in so far as they relate to matters which have ceased to be effective, the like memorials, endorsements and other entries as are contained in the subsisting register document (but, where that document merely refers to any conditions or restrictions in interest, setting them out in full).
Cancellation, etc. of subsisting documents of title
Section 194
The provisions of subsections 174(1) and (2) with respect to the cancellation and destructi...
Part Twelve—SURRENDER OF TITLE
Power to Surrender
Power to surrender whole or part with approval of State
Director or Land Administrator
Section 195
The proprietor of any alienated land held under
Registry title, Land Office title or qualified title may, with the approval of the State Director or Land Administrator, as provided by subsection (2), surrender to the State Authority the whole or part thereof.
(2
) In the absence of any direction to the contrary by the
State Authority, the approval required by subsection (1) shall be given—
(a)
by the State Director in the case of land held under
Registry title, or the form of qualified title corresponding to Registry title; and
(b)
by the Land Administrator in the case of land held under Land Office title, or the form of qualified title corresponding to Land Office title.
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Conditions for approval of surrender
Section 196
No surrender, whether of the whole or a part only of any alienated land, shall be approved...
(a)
that no item of land revenue is outstanding in respect of the land;
(aa)
that the land will not create or cause any liabilities to the State Authority;
(b)
that the land is not under attachment by any court; and
(c)
that every person or body specified in subsection (2) has consented in writing to the making of the application.
(2
) The said persons and bodies are—
(a)
any person or body who, at the time when the approval was applied for, was entitled to the benefit of any registered interest affecting the land or, as the case may be, the part to be surrendered (including a charge of any lease or sublease);
(b)
any person or body having at that time a lien over the said land or part, or over any lease or sublease thereof;
(c)
any person or body entitled at that time to the benefit of any tenancy exempt from registration affecting the said land or part, being a tenancy protected by an endorsement on the register document of title; and
(d)
any person or body having at that time a claim protected by caveat affecting the said land or part or any interest therein.
(3
) No surrender of a part only of any alienated land shall be approved if, in the opinion of the State Director or, as the case may be, Land Administrator, the area of the part is such that a subdivision of the land ought first to be effected.
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Provisions of the
National Land Code
Modification
Section 196
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator” wherever they appear.
Laws of Malaysia 340
Procedure for Surrender of Whole
Applications for approval of surrender of whole
Section 197
Any application for approval by a proprietor wishing to surrender the whole of the land com...
(a)
such fee as may be prescribed;
(b)
all such written consents to the making thereof as are required under paragraph 196(1)(c); and
(c)
unless the proprietor alleges that it is for any reason incapable of production, the issue document of title to the land.
(2
) Where the proprietor is unable to produce the issue document of title because it is in the hands of any person or body as chargee or lienholder, the application shall be accompanied instead by a copy of a request by the proprietor, served on that person or body under subsection 244(2) or, as the case may be, subsection 281(4), for the production of the document at the Land
Office within fourteen days of the date thereof.
(3
) Upon receipt of the application, the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land.
(4
) Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land Board established under section 214a for its recommendations;
and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
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Provisions of the
National Land Code
Modification
Section 197
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), substitute for the words “Land
Office” the word “Registry”;
(2
) delete subsection (4).
Laws of Malaysia 342
Procedure on applications
Section 198
Where any application under subsection 197(1) relates to land the surrender of which requir...
Director, the Land Administrator shall refer the application to him, together with a statement whether any item of land revenue is then outstanding in respect of the land.
(2
) If on any application under the said subsection it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director that the conditions specified in subsection 196(1)
are satisfied, he shall approve the surrender.
(3
) In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
(4
) On approving, or being informed by the State Director that he has approved, the surrender, the Land Administrator shall—
(a)
notify the proprietor; and
(b)
make, or cause to be made, a memorial of the surrender on the register document of title to the land.
(5
) On rejecting, or being informed by the State Director that he has rejected, the application, the Land Administrator shall—
(a)
notify the proprietor; and
(b)
cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 197(3).
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Provisions of the
National Land Code
Modification
Section 198
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), delete the words “the Land
Administrator or, in a case referred to him as aforesaid,”;
(2
) in subsection (3), delete the words “Land
Administrator or, as the case may be,”;
(3
) in subsection (4), substitute for the words “On approving, or being” the words “Where the
Registrar is”;
(4
) in subsection (5), substitute for the words “On rejecting, or being” the words “Where the
Registrar is”.
Laws of Malaysia 344
Revesting of land and destruction of issue document
Section 199
Upon the making of any memorial pursuant to subsection 198(4), the land to which it relates...
(2
) The issue document of title to any land which has reverted to the State Authority pursuant to this section shall, where possible, be destroyed; and accordingly, if in a case falling within subsection 197(2) that document is not produced pursuant to the request therein referred to, its production shall be demanded under section 15.
Procedure for Surrender of Part Only
Applications for approval of surrender of part
Section 200
Any application for approval by a proprietor wishing to surrender a part only of the land c...
(a)
such fee as may be prescribed;
(b)
a plan showing the details of the proposal, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land
Administrator may require;
(c)
all such written consents to the making of the application as are required under paragraph 196(1)(c); and
(d)
subject to subsection (3), the issue document of title to the land.
(2
) Upon receiving any such application, the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land.
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Provisions of the
National Land Code
Modification
Section 200
In its application to the Federal Territory of Labuan, in subsection (3), substitute for the words “Land
Office” the word “Registry”.
Laws of Malaysia 346
(3
) An application under subsection (1) may be submitted without the issue document of title if that document is in the hands of any person as chargee, or has been deposited with any person as security for a loan; but in any such case, the application shall be accompanied instead by a copy of a request by the proprietor, served on that person under subsection 244(2) or, as the case may be, subsection 281(4), for the production of the document at the
Land Office within fourteen days of the date thereof.
(4
) In a case falling within subsection (3), no action shall be taken on the application until the issue document, or a replacement thereof, is in the hands of the Land Administrator; and accordingly, if the document is not produced pursuant to the request referred to in that subsection, or to any notice served under section 15
on default in compliance with the request, title in continuation
(or, where appropriate, a duplicate issue document only) shall be prepared under Chapter 3 of Part Ten as if the circumstances were as specified in paragraph 166(1)(c).
Procedure on applications
Section 201
Where any application under subsection 200(1) relates to land the surrender of which requir...
Director, the Land Administrator shall refer the application to him, together with his recommendations thereon.
(2
) If on any application under the said subsection the Land
Administrator or, in a case referred to him as aforesaid, State
Director is satisfied—
(a)
(deleted by Act A832);
(b)
that the conditions specified in subsection 196(1) are fulfilled; and
(c)
that approval ought not to be withheld on the grounds specified in subsection (3) of that section, he shall approve the surrender.
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Provisions of the
National Land Code
Modification
Section 201
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), delete the words “Land
Administrator or, in a case referred to him as aforesaid,”;
(2
) in subsection (3), delete the words “Land
Administrator or, as the case may be,”.
Section 202
In its application to the Federal Territory of Labuan—
(1
) in subsection (3)—
(a)
delete the words “, in the case of land held under Registry title or Land Office title,”;
and
(b)
in paragraph (a), delete the words “or Land
Administrator”;
(2
) in subsection (4), delete the words “or Land
Administrator”.
Laws of Malaysia 348
(3
) In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
(4
) On approving, or being informed by the State Director that he has approved, the surrender, the Land Administrator shall—
(a)
revise (by reference to the estimated area of the part to be retained) the rent payable by the proprietor;
(b)
notify the proprietor of the approval and the revised rent; and
(c)
make, or cause to be made, a memorial of the surrender on the register and issue documents of title to the land.
(5
) On rejecting, or being informed by the State Director that he has rejected, the application, the Land Administrator shall—
(a)
notify the proprietor; and
(b)
cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 200(2).
Revesting of part surrendered, and resurvey of part retained
Section 202
Upon the making of any memorial pursuant to subsection 201(4), the part in question shall r...
shall apply as if the part had reverted pursuant to a forfeiture.
(2
) The revised rent referred to in the said subsection (4) shall be payable by the proprietor as from the beginning of the calendar year first commencing after the date on which the memorial is made.
(3
) As soon as may be after the making of the memorial, the part retained by the proprietor shall, in the case of land held under
Registry title or Land Office title, be resurveyed in accordance with section 396; and, on completion of the survey—
(a)
the Registrar or Land Administrator shall issue title in continuation to the part so retained as if he were issuing title in continuation to land as a whole; and
(b)
the said revised rent shall be recalculated by reference to the actual area of the part as established by the survey.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 350
Provisions of the
National Land Code
Modification
Section 203
In its application to the Federal Territory of Labuan, delete this section.
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(4
) Where the part retained by the proprietor is held under qualified title, the Registrar or Land Administrator shall correct the boundaries shown on the register document of title and, if it exists and is in his hands, on the issue document of title.
Surrender and Re-Alienation—Contiguous Lots
Held under Land Office Title
Applications for surrender and re-alienation, and procedure thereon
Section 203
In the special circumstances specified in subsection (2), the Land Administrator may approv...
(2
) The said circumstances are as follows:
(a)
that the lots in question are all situated in the same mukim, town or village;
(b)
that no dissimilarity exists between any of the lots as respects the periods for which they are held, the rates at which rent is payable, or the categories of land use, conditions and restrictions in interest to which they are subject;
(c)
that the combined area of the lots exceeds four hectares;
and
(d)
that none of the lots is subject to any registered interest or tenancy exempt from registration protected by endorsement on the register document of title.
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(3
) Any proprietor wishing to apply for an approval pursuant to this section shall do so in Form 12c; and sections 197 to 199
shall apply to the application subject to the modifications specified in subsection (4), and to such other modifications as may be necessary.
(4
) The said modifications are as follows:
(a)
that the matters to be sent with the application shall include a plan showing the details of the existing lots and the proposed new units, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require; and
(b)
that the Land Administrator shall not approve the application unless he is satisfied, not only that conditions specified in subsection (1), paragraphs (2)(b) and (d)
and subsection 196(3) are fulfilled, but also that the circumstances are as stated in subsection (2) of this section, and that the area of each of the proposed new units is less than four hectares.
Procedure for re-alienation
Section 204
Where any application for surrender has been approved in the circumstances specified in sec...
(2
) Each such document shall state that it relates to land re-alienated on surrender, and shall specify the date on which the land was first alienated, the title number or numbers originally allotted thereto and (if different) the title number or numbers under which it was held immediately before the surrender took effect.
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Provisions of the
National Land Code
Modification
Section 204
In its application to the Federal Territory of Labuan, delete this section.
Laws of Malaysia 354
(3
) The rent payable in respect of any land re-alienated on surrender shall be calculated by reference to the rate at which rent was formerly payable in respect thereof, and the area thereof as estimated for the purposes of the application for surrender.
(4
) Land re-alienated on surrender shall be expressed in the document of qualified title to be subject to the like category of land use, and the like express conditions and restrictions in interest, as those, if any, applicable thereto immediately before the surrender; and any such land shall, notwithstanding the surrender, continue subject to any implied condition to which it was formerly subject under section 53 or 55, or the Second or Third Schedule, and to any notification under section 54 previously in force with respect thereto.
(5
) The procedure for converting the title to any such land from qualified title to final title shall be that specified in section 191, and not that specified in section 190.
Surrender and Re-Alienation—Special Provisions
Declaration as to continued operation of section 124 and
Chapters 1 and 3 of Part Nine 204a. The provisions of this Part shall not be construed as affecting the continued operation of section 124 and Chapters 1
and 3 of Part Nine, or the rights of a proprietor of alienated land to make an application under those provisions and to have his application considered and determined in accordance therewith.
Power to approve surrender and re-alienation 204b. (1) The State Authority may approve the surrender of any one or more contiguous alienated lands held under final title or qualified title or a combination thereof held by the same proprietor on the terms that certain portions of the land comprised therein be immediately re-alienated to the proprietor in different portions and units or in different units.
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(2
) In relation to land held under qualified title, an application for surrender and re-alienation under this Part may only be entertained if the land has been duly surveyed and in respect of which a certified plan has been approved by the Director of Survey and Mapping except where the State
Authority directs otherwise either generally or in any particular case.
Conditions for approval of surrender and re-alienation 204c. (1) No surrender and re-alienation under this Part shall be approved by the State Authority unless the following conditions are satisfied:
(a)
that the portions and units of the land to be re-alienated conform in shape, area, measurements, location and intended use with a layout plan approved by the appropriate authority;
(b)
that no item of land revenue is outstanding in respect of the land;
(c)
that the land is not under attachment by any court;
(d)
that there are no registered interests in the land; and
(e)
that every person or body specified in subsection (2) has consented in writing to the making of the application.
(2
) The said persons and bodies are—
(a)
any person or body having at that time a lien over the said land or part thereof; and
(b)
any person or body having at that time a claim protected by caveat affecting the said land or part thereof.
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Applications for approval of surrender and re-alienation 204d. (1) Any application for approval by a proprietor wishing to surrender his title or titles under this Part shall be made in writing to the Land Administrator in Form 12d and shall be accompanied by—
(a)
such fees as may be prescribed;
(b)
all such written consents to the making thereof as are required under paragraph 204c(1)(e);
(c)
a plan showing the portion to be surrendered and a pre-computation plan showing the details of the portions and units to be re-alienated, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(d)
a copy of the layout plan, as approved by the appropriate authority, in respect of the said lot or lots, showing the portions and units to be re-alienated; and
(e)
the issue document of title to the land, unless the proprietor declares that it is for any reason incapable of production.
(2
) Where the proprietor is unable to produce the issue document of title for the reason that it is in the possession or control of any person or body, the application shall be accompanied by a sworn statement of the proprietor to that effect, and there shall be exhibited thereto a copy of a notice by the proprietor to that person or body requiring the production of the said document to the Land Administrator within fourteen days of the date of the service thereof on such person or body, and also the proof of service of such notice.
(3
) Upon receipt of the application, the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land.
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Procedure on applications 204e. (1) The approval or rejection of an application under subsection 204d(1) shall be at the discretion of the State Authority, but the State Authority shall not approve any such application unless it is satisfied that the conditions specified in subsection 204c(1)
are fulfilled.
(2
) Before deciding on an application, the State Authority may require the proprietor to amend the application or the plan mentioned in paragraph 204d(1)(c) by omitting from the application or the plan any portion or unit to be re-alienated or by altering the shape, area, measurements, location or intended use of any such portion or unit.
(3
) If the State Authority decides to approve the application, whether as originally submitted or as amended pursuant to subsection (2), the State Authority shall proceed to determine, in respect of each portion or unit to be re-alienated, the matters specified in subsection 79(2), as if the land comprised in the unit had already become State land.
(3a
) Where the original title is a title in perpetuity, unless the proprietor apply for the land to be re-alienated to him for a term of years, the period for which the land is to be re-alienated shall also be in perpetuity, and where the original title is for a term of years, the period for which the land is to be re-alienated shall not be less than the remainder of the term of years for which the land was held under the original title, except where the State
Authority approves the application under section 90a, and in the case where there are dissimilarities as to the periods for which the original titles are held, the period for which the lands are to be re-alienated shall be as the State Authority may think fit.
(3b
) The State Authority may in deciding the application, alienate adjoining State land to the proprietor.
(4
) On approving an application under subsection 204d(1) and determining the matters specified in subsection 79(2), the State
Authority shall notify the proprietor of the approval and of its determination of the said matters and require the proprietor to state whether he accepts the determination.
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(5
) On rejecting such application, the State Authority shall—
(a)
notify the proprietor; and
(b)
cause to be cancelled the note endorsed on the register document of title pursuant to subsection 204d(3).
Reconsideration under subsection 79(2) and withdrawal of application 204f. (1) The proprietor may request the State Authority to reconsider its determination of the matters specified in subsection 79(2) and may, on being notified of the determination of those matters, whether as originally made or after reconsideration, withdraw his application under section 204d.
(2
) On being notified of the withdrawal, the State Authority shall cancel the approval granted under section 204e and shall cause to be cancelled the note endorsed on the register document of title pursuant to subsection 204d(3).
Reversion of land and destruction of issue document 204g. (1) On being notified by the proprietor of his acceptance of the matters specified in subsection 79(2), the State Authority shall cause to be made a memorial of the surrender of the land to which his application under section 204d relates in the register document of title to the land.
(2
) Upon the making of any memorial pursuant to subsection (1), the land to which it relates shall revert to and vest in the State Authority as State land but the land shall be treated as being subject to the approval under section 204e of the re-alienation of the portions or units in question.
(2a
) The memorial referred to in subsection (1) shall only be made—
(a)
if all the sum due upon approval in accordance with the matters specified in subsection 79(2) have been paid;
and
(b)
in the case where section 204ga applies, after the charge subsisting in the title is discharged.
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(3
) The issue document of title to any land which has reverted to the State Authority pursuant to this section shall, where possible, be destroyed; and accordingly if in a case falling within subsection 204d (2) that document is not produced pursuant to the notice therein referred to, its production shall be demanded under section 15.
Land subject to a charge 204ga. (1) Notwithstanding paragraph 204c(1)(d), any person or body having a charge over the land may give his consent in writing to the making of the application under subsection 204d(1)
and the Land Administrator shall endorse or cause to be endorsed, a note thereof on the register documents of title to the land.
(1a
) Where the proprietor withdraws his application, or the
State Authority rejects the application or where the approval of the State Authority is not accepted by the proprietor, the
Land Administrator shall cancel or cause to be cancelled the note endorsed on the register document of title pursuant to subsection (1).
(2
) Where the State Authority approves such application under subsection 204e(3), the acceptance of the approval by the proprietor under subsection 204e(4) shall also include the consent by the chargee as to the discharge of the charge and for a fresh charge to be executed and presented in respect of the titles to be issued upon re-alienation.
Application of Act to re-alienation as to alienation 204h. The provisions of this Act shall apply to all questions, matters and procedures relating to a portion or unit approved for re-alienation under this Part and arising after the land in which it is comprised has reverted to the State Authority pursuant to subsection 204g(2) as they apply to the alienation of State land under this Act.
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Division IV—ALIENATED LANDS: DEALINGS
Part Thirteen—GENERAL
Dealings capable of being effected, and persons capable of taking thereunder
Section 205
The dealings capable of being effected under this Act with respect to alienated lands and i...
(2
) The persons and bodies in whose favour such dealings are capable of being effected shall be those, and only those, to whom, under section 43, State land is capable of being alienated.
(3
) Subject to subsection (4), no dealing in respect of any alienated land subject to the category “agriculture” or to any condition requiring its use for any agricultural purpose shall be effected if such dealing would have the effect of creating any undivided share of such size that, if the land is to be partitioned in proportion to the several shares, the area of any resulting individual portion would be less than two-fifths of a hectare.
(4
) The prohibition imposed by subsection (3) shall not apply to those cases where upon the coming into force of the said subsection, any alienated land held by any person or body, is less than two-fifths of a hectare, or an undivided share in any alienated land held by any person or body represents a portion of less than two-fifths of a hectare, and dealings shall be capable of being effected in respect of such alienated land or undivided share therein:
Provided that—
(i)
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(ii)
any such dealing shall be in respect of the whole of any undivided share in any alienated land and shall be in favour of only one person or body, or one or more co-proprietors of the said land.
(5
) Nothing contained in subsections (3) and (4) shall render invalid any instrument effecting any dealing in any alienated land or any undivided share therein executed under this Part before the commencement of this subsection.
Need for proper instrument of dealing, duly registered
Section 206
Subject to the following provisions of this section:
(a)
every dealing under this Act shall be effected by an instrument complying with the requirements of sections 207 to 212; and
(b)
no instrument effecting any such dealing shall operate to transfer the title to any alienated land or, as the case may be, to create, transfer or otherwise affect any interest therein, until it has been registered under Part
Eighteen.
(2
) The provisions of subsection (1) shall not apply to—
(a)
the creation of, or other dealings affecting, tenancies exempt from registration (which may be effected, instead, as mentioned in subsection 213(2)); or
(b)
the creation of liens (which may be created, instead, as mentioned in section 281).
(3
) Nothing in subsection (1) shall affect the contractual operation of any transaction relating to alienated land or any interest therein.
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Form of instruments of dealing
Section 207
Every instrument effecting any dealing under this Act shall be in such of the forms in the...
Provided that the form so specified for any dealing may, so long as the variation is not in a matter of substance, be used in any particular case with such adaptations, alterations or additions as may be rendered necessary by the character of the parties or other circumstances of the case.
(2
) The Headings and Schedules to be inserted in instruments of dealing as indicated by the relevant forms in the First Schedule shall, except where otherwise indicated in any particular form, be those shown in Form 13a.
(3
) Section 211 shall have effect with respect to the inclusion of attestation clauses in instruments of dealing, and the form of such clauses.
Instruments to contain description, etc., of parties
Section 208
Every instrument effecting any dealing under this Act shall specify—
(a)
the full name and address, and (where appropriate) the occupation or conjugal status, of every person or body claiming thereunder;
(b)
in the case of any person or body whose address specified therein pursuant to paragraph (a) is outside the Federation, an address within the Federation for the service of notices under this Act; and
(c)
where the effect of the instrument is to transfer any land to two or more persons or bodies as co-proprietors, the shares in which the land is to be held.
(2
) (Deleted by Act A587).
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Modification
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Provisions of the
National Land Code
Modification
Section 209
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
substitute for the words “Subject to subsection (2), every” the word “Every”;
and
(b)
in paragraph (b), delete the words “or, in the case of land held under qualified title, its Land Office number”;
(2
) delete subsection (4).
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Instruments to contain proper description of land affected
Section 209
Subject to subsection (2), every instrument effecting any dealing under this Act shall desc...
(a)
the administrative area in which the land is situated;
(b)
the lot number of the land or, in the case of land held under qualified title, its Land Office number; and
(c)
the title number of the land.
(2
) Where the land referred to in subsection (1) consists of a parcel of a building held under subsidiary title, the instrument shall describe the parcel by reference to the administrative area of the lot of which it forms part and the parcel number and the title number of the parcel.
(3
) Where any instrument of dealing relates to a share or interest in land, it shall state the fractional value of the share or, as the case may be, the registered number of the interest.
(4
) In this section, “administrative area” means town, village or mukim.
Execution of instruments of dealing
Section 210
Every instrument effecting any dealing under this Act shall be executed in accordance with...
(2
) The execution of any such instrument by a natural person shall consist of his signing it or affixing his thumbprint thereto.
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(3
) The execution of any such instrument by a corporation
(whether aggregate or sole) shall be effected in such manner as is authorized by its constitution, or by any law for the time being in force:
Provided that, without prejudice to the power of corporations aggregate to adopt any other manner of execution authorized as aforesaid, any such instrument bearing—
(i)
the seal of such corporation; and
(ii)
a statement, signed by the secretary or other permanent officer thereof, or his deputy, and by a member of the board of directors, council or other governing body, to the effect that the seal was affixed thereto in their presence, shall, in favour of any purchaser, be deemed conclusively to have been duly executed by that corporation.
(4
) In this section, “signing” does not include making a mark.
Attestation of instruments of dealing
Section 211
Every execution by a natural person of any instrument effecting any dealing under this Act...
Provided that this requirement shall not apply to the execution of any such instrument by—
(i)
the State Director;
(ii)
the Registrar;
(iii)
any Land Administrator; or
(iv)
any officer of the Court.
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Provisions of the
National Land Code
Modification
Subsection 211(1)
In its application to the Federal Territory of Labuan, in the proviso, delete subparagraph (iii).
Section 212
In its application to the Federal Territory of Labuan, in paragraph (b), delete the words “or Land Office”.
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(2
) The attestation clause to be used in any case shall be that shown in Form 13b; and the position thereof in the instrument shall be immediately after the execution to which it relates.
(3
) The officer or other person attesting any execution pursuant to this section shall sign the attestation clause and, if he has a seal of office, authenticate his signature with that seal.
Inclusion in one instrument of dealings affecting different lands
Section 212
No instrument shall be capable of effecting dealings under this Act with respect to more la...
(a)
the dealings in question are all of the like nature, and are all effected by the same person or body in favour of the same person or body; and
(b)
the register documents of title to the lands in question are all kept in the same Registry or Land Office.
Special provisions with respect to tenancies exempt from registration
Section 213
In this Act, “tenancy exempt from registration” means—
(a)
any tenancy or subtenancy for a term not exceeding three years granted pursuant to section 223; and
(b)
any tenancy or subtenancy for a term not exceeding one year granted pursuant to the provisions of any previous land law.
(2
) As provided in subsection 206(2), the provisions of subsection (1) of that section shall not apply to the creation of, or dealings affecting, tenancies exempt from registration; and accordingly—
(a)
any such transaction shall be valid whether effected in writing or by word of mouth only;
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(b)
where any such transaction is effected in writing, the instrument in question need not comply with the requirements of sections 207 to 212, and shall neither require, nor be capable of, registration under this Act.
(3
) Notwithstanding subsection (2), no tenancy exempt from registration granted after the commencement of this Act shall be binding on—
(a)
any person or body to whom the grantor subsequently transfers the reversion expectant thereon, or to whom he subsequently grants any lease, sublease, tenancy or charge, or in whose favour any lien over that reversion is subsequently created; or
(b)
any person or body claiming through or under such a person or body, unless, prior to the date on which the dealing referred to in paragraph (a) takes effect, the tenancy has become protected by an endorsement on the register document of title to the land pursuant to Chapter 7 of Part Eighteen.
(4
) Where any land or lease subject to a charge or lien is transferred pursuant to an order for sale under Chapter 3 of Part
Sixteen, the provisions of subsection (3) shall have effect as supplemented by subsection 267(2) or, as the case may be, by that subsection as applied by subsection 281(3).
(5
) No tenancy exempt from registration shall be capable of being charged under this Act.
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Part Fourteen—TRANSFERS
Powers of Transfer
What may be transferred, and restrictions on exercise of powers
Section 214
Subject to subsection (2), the following shall be capable of transfer under this Act:
(a)
the whole, but not a part only, of any alienated land;
(b)
the whole, but not a part only, of any undivided share in alienated land;
(c)
any lease of alienated land;
(d)
any charge; and
(e)
any tenancy exempt from registration.
(2
) The powers conferred by subsection (1) shall be exercisable in any particular case subject to—
(a)
any prohibition or limitation imposed by this Act or any other written law for the time being in force;
(b)
any restriction in interest to which the land in question is for the time being subject; and
(c)
in relation to leases, charges and tenancies exempt from registration, the provisions thereof, express or implied.
(3
) Without prejudice to paragraph (2)(a), no lease or charge may be transferred to two or more persons or bodies otherwise than as trustees or representatives.
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Provisions of the
National Land Code
Modification
Section 214a
In its application to the Federal Territory of Kuala
Lumpur—
(1
) the references to the “Estate Land Board and the Board” shall be construed as references to the “Land Executive Committee”;
(2
) delete the words “established under subsection (3)”
appearing in subsection (1) thereof;
(3
) for the purposes of this section, the State Director shall be the Secretary of the Board;
(4
) the reference to the “State Authority” shall be construed as reference to the “Minister for the time being charged with the responsibility for lands in the Federal Territory”.
—see P.U. (A) 183/1975;
In its application to the Federal Territory of Labuan, delete this section.
Paragraph 214a(3)(a)
In its application to the Federal Territory of
Putrajaya, substitute for the words “State Secretary”
the words “Chief Secretary to the Government”.
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Control of transfer of estate land 214a. (1) Notwithstanding anything contained in this Act, no estate land is capable of being transferred, conveyed or disposed of in any manner whatsoever unless approval of such transfer, conveyance or disposal has first been obtained from the Estate
Land Board (hereinafter referred to as “the Board”) established under subsection (3).
(2
) The Registrar shall not register any instrument of transfer of such land under Part Eighteen of this Act unless such instrument is accompanied by a certificate of approval granted by the Board, or in the case where subsection (9) applies, a written approval of the State Authority.
(3
) For the purpose of this section, there shall be established an Estate Land Board consisting of—
(a)
the State Secretary, who shall be the Chairman;
(aa)
the State Director, who shall be the Secretary; and
(b)
not more than four members appointed by the State
Authority from amongst members of the Public Service.
(4
) The proprietor or any co-proprietor of any estate land desiring to transfer, convey or dispose of in any manner whatsoever such land shall, together with the person or persons to whom the land is to be transferred, conveyed or disposed of, jointly submit an application to the Secretary of the Board in Form 14d.
(5
) The Board may approve an application made under subsection (4) and shall have power to refuse or cancel an approval of any such application if—
(a)
it is satisfied that any statement or representation made in the application is false or incorrect; or
(b)
it is satisfied that the applicant fails or refuses to comply with any direction given or restrictions or conditions imposed by it; or
(c)
it appears to it that the approval of the application will not be in the public interest.
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(6
) Decision of the Board shall be by majority of votes; and in the case of equality of votes the Chairman shall have a casting vote.
(7
) Before making any decision the Board may as it thinks fit call any person to give any statement before it or produce any document to be examined by it.
(7a
) The decision of the Board shall be conveyed by the Secretary of the Board to the applicants referred to in subsection (4) as expeditiously as possible.
(8
) Where approval of an application under subsection (4) is refused or cancelled by the Board, the applicant may, within thirty days after the communication to him of the Board’s decision of such refusal or cancellation, appeal in writing to the State
Authority.
(9
) The State Authority may confirm or reverse the decision of the Board:
Provided that where the decision of the Board is reversed by the State Authority, the State Authority may give such direction or impose such restriction or condition as it may think fit.
(10
) Any person who obtains or attempts to obtain approval of the Board by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise or who fails or refuses to comply with any direction, restriction or condition imposed on him commits an offence and shall, on conviction, be liable to a fine not less than one hundred thousand ringgit and not more than one million ringgit and where the offence is a continuing one shall be further liable to a fine of not exceeding five thousand ringgit in respect of each day the offence is committed.
(10a
) (a) Any person who transfers, conveys or disposes of or attempts to transfer, convey or dispose of in any manner whatsoever, any estate land in contravention of subsection (1), commits an offence and shall, on conviction, be liable to imprisonment for a term of not more than five years or to a fine not less than one hundred thousand ringgit and not more than one million ringgit, or to both.
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(b)
For the purposes of this section, the execution of an agreement to convey or dispose of the whole of an estate to two or more persons, or to convey or dispose of any portion or portions of an estate land to one or more persons, without the approval of the Board, shall be conclusive proof that the estate land is conveyed or disposed of in contravention of subsection (1); and any act to demarcate an estate land or to cause or permit the demarcation of an estate land otherwise than in accordance with the provisions of this Act shall be prima facie proof that the person so acting, causing or permitting attempts to transfer, convey or dispose of the estate land in contravention of subsection (1).
(11
) For the purpose of this Act, “estate land” means any agricultural land held under one or more than one title the area or the aggregate area of which is not less than 40 hectares and the alienated lands constituting such area are contiguous.
(12
) For the purpose of this Act, alienated lands held under final title or qualified title or a combination thereof, shall be taken to be contiguous notwithstanding that they are separated from each other only by such land as is used, required or reserved for roads, railways or waterways.
Transfers of Land
Form, and effect generally, of transfer of land
Section 215
The transfer under this Act of any alienated land shall be effected by an instrument in For...
(2
) The title of the transferor shall pass to and vest in the transferee upon the registration of any such transfer, together also with the benefit of any registered interests then enjoyed with the land.
(3
) The transferee of any alienated land shall hold the same subject to—
(a)
any lease, charge or other registered interest subsisting in respect thereof at the time the transfer is registered;
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(b)
subject to subsection 213(3), any tenancy exempt from registration granted by the transferor or any predecessor in title;
(c)
all conditions and restrictions in interest then applicable thereto; and
(d)
all other matters then appearing on, or referred to in, the register document of title.
Additional provisions with respect to lands transferred subject to leases, charges, etc.
Section 216
Where, by virtue of subsection 215(3), any land is transferred subject to any lease, charge...
(a)
every provision, express or implied, of the lease, charge or tenancy shall, so long as the land continues vested in the transferee, be enforceable by or against him as if he were a party thereto; and
(b)
unless the instrument of transfer otherwise provides, there shall be implied on the part of the transferee, and in favour of the transferor, an agreement with respect to those provisions in the terms set out in subsection (2).
(2
) The terms of the said agreement shall be as follows:
(a)
that the transferee will, so long as the land continues vested in him, duly perform and observe the said provisions;
(b)
that the transferee will indemnify the transferor against all claims arising in respect thereof after the transfer takes effect, and all expenses properly incurred by the transferor in connection with any such claim.
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Transfers of Undivided Shares
Form and effect of transfer of undivided share
Section 217
The transfer under this Act of any undivided share in alienated land shall be effected by a...
(2
) The share so transferred shall pass to and vest in the transferee upon the registration of the transfer.
(2a
) Where a co-proprietor of any alienated land transfers his undivided share to one or more of the other co-proprietors, the undivided share or the proportion of the undivided share transferred to a co-proprietor shall merge with the undivided share held by him and form a single undivided share.
(3
) Where, at the time when any undivided share is transferred, the land in which it subsists is subject to any lease, charge or tenancy exempt from registration, section 216 shall apply, mutatis mutandis, as they apply on the transfer of land subject to a lease, charge or tenancy.
Transfers of Leases and Charges
Form of transfer of lease or charge
Section 218
The transfer under this Act of any lease shall be effected by an instrument in Form 14a.
(2
) The transfer under this Act of any charge shall be effected by an instrument in Form 14b.
Effect of transfer of lease or charge
Section 219
The interest of any lessee or chargee shall pass to and vest in the transferee upon the reg...
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(2
) The provisions, express or implied, of any transferred lease or charge shall, so long as it continues vested in the transferee, be enforceable by or against him as if he were a party thereto;
and, unless the instrument of transfer otherwise provides, there shall be implied on the part of the transferee, and in favour of the transferor, a like agreement with respect to those provisions as that set out in subsection 216(2).
(3
) Where any lease is transferred subject to any sublease, charge or tenancy exempt from registration granted by the transferor or any predecessor, section 216 shall apply, mutatis mutandis, as they apply on the transfer of land subject to a lease, charge or tenancy.
(4
) A chargor shall not be bound to account to any transferee of the charge unless the chargor has been notified in writing of the transfer.
Transfers of Exempt Tenancies
Form and effect of transfer of exempt tenancy
Section 220
Tenancies exempt from registration may, as provided by subsection 213(2), be transferred un...
(2
) Subsections 219(2) and (3) shall apply, mutatis mutandis, to the transfer of tenancies exempt from registration as they apply to the transfer of leases.
(3
) Nothing in this section shall authorize the transfer of a tenancy exempt from registration contrary to the terms or conditions of the tenancy.
Part Fifteen—LEASES AND TENANCIES
Chapter
Chapter 1—Powers of leasing, etc.
Power of proprietors to lease for terms exceeding 3 years
Section 221
Subject to sections 225 and 226, the proprietor of any alienated land may grant leases of t...
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Provisions of the
National Land Code
Modification
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National Land Code
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Section 221
In its application to the Federal Territory of Labuan, in subsection (3)−
(a)
substitute for the full stop the colon; and
(b)
insert the following proviso:
“Provided that any lease granted under any previous land law prior to the commencement of the extended Code shall lapse in accordance with the said law.”.
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(2
) Every lease granted pursuant to this section shall be for a term exceeding three years.
(3
) The maximum term for which any lease may be so granted shall be—
(a)
ninety-nine years if it relates to the whole of any alienated land, and
(b)
thirty years if it relates to a part only thereof.
(4
) Every such lease shall be granted by an instrument in
Form 15a; and in any case where the lease relates to a part only of any alienated land, there shall be attached to the instrument a plan and description sufficient to enable the part to be accurately identified.
Power of lessees and sublessees to sublet for terms exceeding 3 years
Section 222
Subject to sections 225 and 226, any lessee or sublessee for the time being of any alienate...
(2
) Every sublease granted pursuant to this section shall be for a term exceeding three years.
(3
) Where any sublease so granted relates to a part only of any alienated land, the term thereof shall not exceed thirty years.
(4
) Every such sublease shall be granted by an instrument in Form 15b; and in any case where the sublease relates to a part only of the land comprised in the grantor’s lease or sublease, there shall be attached to the instrument a plan and description sufficient to enable the part to be accurately identified.
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Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 years
Section 223
Subject to sections 225 and 226, tenancies (or, as the case may be, subtenancies) for terms...
(a)
by the proprietor of any alienated land, in respect of the whole or any part thereof;
(b)
by any lessee or sublessee for the time being of any alienated land, in respect of the whole or any part of the land comprised in his lease or sublease;
(c)
by any person for the time being holding any alienated land under such a tenancy or subtenancy, in respect of the whole or any part of the land so held.
(2
) As provided by subsections 213(1) and (2), tenancies and subtenancies granted pursuant to this section shall constitute tenancies exempt from registration, and may be so granted either by word of mouth or by a written instrument in any form whatsoever.
(3
) Nothing in this section shall authorize a landlord (as defined in the Padi Cultivators (Control of Rent and Security of Tenure)
Act 1967) to let land for the cultivation of padi otherwise than in pursuance of that Act.
Calculation of terms of leases and tenancies
Section 224
In determining for the purposes of this Chapter whether any term for which land is granted...
(a)
if the term is from week to week, month to month, year to year, or on any other periodic basis, it shall be treated as a term for a period equal to its minimum possible duration; and 253
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National Land Code
Modification
Subsection 223(3)
In its application to the Federal Territory of Labuan, delete this subsection.
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(b)
if the term is for a fixed period, no account shall be taken of the fact that it is capable of renewal in pursuance of an option, or is liable to be determined before the expiry of that period by the giving of notice or the happening of any other event.
General restrictions on powers conferred by this Chapter
Section 225
The powers conferred by this Chapter shall be exercisable in any particular case subject to—
(a)
any prohibition or limitation imposed by this Act or any other written law for the time being in force;
(b)
any restriction in interest to which the land in question is for the time being subject; and
(c)
so far as they are conferred on lessees, sublessees and tenants, the provisions, express or implied, of the lease, sublease or tenancy in question.
(2
) Without prejudice to paragraph (1)(a), no lease or tenancy may be granted to two or more persons or bodies otherwise than as trustees or representatives.
Additional restriction where land or lease subject to prior charge
Section 226
Where any alienated land, lease or sublease is subject to a charge, the proprietor, lessee...
(2
) Except where it is contained in the instrument of charge itself, the consent of a chargee to the granting of any lease or sublease shall be signified by his joining therein as indicated in
Form 15a or 15b, as the case may be, and his consent to the granting of any tenancy shall be given in writing, signed by him or his lawfully authorized agent.
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Effect of leases and tenancies
Section 227
The interest of any lessee, sublessee or tenant shall, whether or not it takes effect in po...
(2
) The said interest shall include the benefit of all registered interests then enjoyed with the land to which it relates.
Options for renewal, or for purchase of reversion
Section 228
Any lease, sublease or tenancy granted under this Chapter may confer on the lessee, subless...
(a)
to require the grant to him of a lease, sublease or tenancy for a further term; or
(b)
to purchase the reversion expectant on the existing term.
(2
) Nothing in paragraph 216(1)(a) (including that paragraph in its application to any transfer by virtue of subsection 219(3)
or 220(2)) shall render any option conferred by any oral tenancy, whether granted before or after the commencement of this Act, enforceable against any transferee of the reversion expectant thereon.
Reference to a part of any building 228a. For the purpose of this Chapter, reference to a part of any alienated land includes a reference to a part of any building on such land.
Chapter
Chapter 2—Express and implied provisions
Incorporation of agreements set out in Sixth Schedule
Section 229
Any of the agreements on the part of a lessee set out in the Sixth Schedule may be incorpor...
Chapter
Chapter 1 by a reference to the appropriate paragraph of that Schedule.
Text
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(2
) Any of the said agreements may also be incorporated as aforesaid in any sublease so granted; and in that event, references therein to the lessor and the lessee shall be construed as references respectively to the sublessor and the sublessee.
(3
) The incorporation of any of the said agreements in any lease or sublease may be expressed to be subject to such modifications as the parties think fit.
Agreements implied in all leases and subleases
Section 230
In every lease or sublease granted under Chapter 1 there shall be implied on the part of th...
(2
) In every lease so granted there shall be implied on the part of the lessor an agreement to pay all rent due, or falling due, to the State Authority in respect of the demised property or, as the case may be, the land of which that property forms part.
(3
) In every sublease so granted there shall be implied on the part of the sublessor an agreement—
(a)
that he will pay the rent reserved by the lease or sublease under which he holds; and
(b)
that if the sublessee pays any of the said rent, he shall be entitled to set off the sum so paid against the rent payable by him under the sublease.
Agreements by lessees and sublessees implied in absence of contrary intention
Section 231
The following agreements on the part of the lessee shall be implied in every lease granted...
(a)
to pay all rates, taxes and other outgoings falling due in respect of the demised property during the continuance of the lease, with the exception of—
(i)
rent due to the State Authority; and 256
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(ii)
any other outgoing which, by virtue of any written law for the time being in force, is payable exclusively by the lessor;
(b)
to keep the demised property (including all boundary marks thereon) in repair or, in the case of a lease relating to part of a building only, to keep the demised property in repair with the exception of the roof, the main walls and drains, and any common passages or installations;
(c)
to permit the lessor or his agent, at all convenient times and after reasonable notice, to enter upon the demised property (with or without workmen or others) and examine its condition;
(d)
not to transfer or charge the lease, or sublet or otherwise part with the possession of the demised property, without the prior consent in writing of the lessor (which consent shall not be unreasonably withheld).
(2
) The like agreements shall be implied in every sublease so granted, in the absence of any express provision therein to the contrary, and subject to the necessary modifications.
Agreements by lessors and sublessors implied in absence of contrary intention
Section 232
The following agreements on the part of the lessor shall be implied in every lease granted...
(a)
that, so long as the lessee duly observes and performs the provisions thereof, express and implied, he shall and may peaceably and quietly possess and enjoy the demised property during the term thereby granted, without any interruption or disturbance from or by the lessor or any person lawfully claiming through or under him;
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(b)
where the lease relates to a part only of any building, that the lessor will keep in repair the roof, the main walls and main drains, and any common passages or installations;
(c)
that if at any time during the continuance of the term thereby granted the demised property or any part thereof is rendered wholly or partially unfit for occupation or use by any event not attributable to the negligence of the lessee, his servants or agents, or any person lawfully claiming through or under him—
(i)
the rent thereby reserved, or a just proportion thereof according to the nature and extent of the damage sustained, shall cease to be payable until the property or part has been rendered fit for occupation or use, and
(ii)
if the property or part is not rendered fit for occupation or use within six months, the lessee may determine the lease by the giving of one month’s notice in writing.
(2
) The like agreements shall be implied in every sublease so granted, in the absence of any express provision therein to the contrary, and subject to the necessary modifications.
Construction of implied agreements to keep “in repair”
Section 233
In the absence of any express provision therein to the contrary, any agreement to keep any...
“in repair” implied in any lease or sublease (whether granted before or after the commencement of this Act)—
(a)
shall be construed in accordance with the definition of that expression contained in section 5, but
(b)
shall not be taken to require the building or part in question to be put into a better state of repair than that in which it was at the commencement of the lease or sublease.
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Chapter
Chapter 3—Forfeiture
Power of forfeiture
Section 234
Every lease, sublease or tenancy exempt from registration, whether granted before or after...
(a)
breaches any of the provisions thereof, express or implied;
(b)
is adjudicated bankrupt; or
(c)
being a company, goes into liquidation.
(2
) The forfeiture of any lease, sublease or tenancy may be enforced by the person or body for the time being entitled to the reversion thereon either by re-entry onto the land or by action in the Court, but subject in the former case to the provisions of any other written law for the time being in force.
(3
) Where any lease, sublease or tenancy has become liable to forfeiture for breach of any of the provisions thereof, the acceptance by the person or body for the time being entitled to the reversion thereon of any rent falling due after the date of the breach, or the doing by that person or body of any other act showing an intention to treat the lease, sublease or tenancy as still subsisting, shall, unless that person or body was not at the time aware of the breach, and could not by reasonable diligence have been so aware, constitute a waiver of the right of forfeiture:
Provided that this subsection shall not apply to anything done after the commencement of any action for forfeiture.
Notice before forfeiture 235.
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for breach of any of the provisions thereof unless and until that person or body has served on the lessee, sublessee or tenant for the time being a notice in writing—
(a)
specifying the particular breach complained of;
(b)
if the breach is capable of remedy, requiring him to remedy it, and
(c)
in any case other than non-payment of rent requiring him to make compensation in money for the breach, and the lessee, sublessee or tenant on whom the notice is served has failed, within a reasonable time thereafter, to remedy the breach
(if it is capable of remedy) and to make reasonable compensation in money therefor to the satisfaction of that person or body.
Effect of forfeiture 236.
The forfeiture of any lease, sublease or tenancy shall extinguish also all interests dependent thereon, that is to say—
(a)
any charge thereof,
(b)
any derivative sublease or tenancy, and
(c)
any charge of any derivative sublease, but without prejudice to the revival of those interests in the event of the forfeiture being subsequently set aside by the
Court on any grounds.
Relief against forfeiture
Section 237
Any lessee, sublessee or tenant against whom any person or body is proceeding to enforce a...
Court for relief against the forfeiture; and the Court—
(a)
may grant or refuse relief as it thinks fit, having regard to all the circumstances of the case (including, if the case is one to which section 235 applied, the proceedings and conduct of the parties under that section); and 260
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(b)
if it grants relief, may do so on such terms as it thinks fit.
(2
) Subsection (1) shall have effect notwithstanding any provision to the contrary in the lease, sublease or tenancy in question.
Relief to persons and bodies having dependent interests
Section 238
At any time when any person or body is proceeding to enforce the forfeiture of any lease, s...
(2
) On any such application the Court may if it thinks it just to do so in all the circumstances of the case, and on such terms as it thinks fit, order any person or body to grant to the applicant a lease, sublease or tenancy (as appropriate) of the whole or any part of the land held, or formerly held, by the applicant or the applicant’s chargor, as the case may be, for a period not exceeding that for which the land is or was so held.
Chapter
Chapter 4—Determination of leases and tenancies
Surrender
Section 239
Any lease, sublease or tenancy exempt from registration
(whether granted before or after the commencement of this Act)
may, with the agreement of the person or body for the time being entitled to the reversion expectant thereon, be surrendered to that person or body in accordance with the following provisions of this section.
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(2
) The surrender of any lease or sublease shall be effected by an instrument in Form 15c, and the interest of the lessee or sublessee, as the case may be, shall determine as from the date on which the instrument is registered.
(3
) The surrender of any tenancy exempt from registration may (as provided by subsection 213(2)) be effected either by word of mouth or by a written instrument in any form whatsoever;
and the person or body in whose favour the surrender is effected may, if the tenancy was protected by an endorsement on the register document of title pursuant to Chapter 7 of Part
Eighteen, apply under that Chapter for the cancellation of the endorsement.
(4
) The surrender of any lease, sublease or tenancy shall require the consent also of any chargee thereof, or of the reversion expectant thereon; and the consent of any such chargee shall be signified—
(a)
in the case of a lease or sublease, by his joining in the instrument of surrender, as indicated in Form 15c; and
(b)
in the case of a tenancy, in writing signed by him or his lawfully authorized agent.
(5
) The surrender of any lease, sublease or tenancy shall not extinguish any sublease or tenancy granted thereout, but any such sublease or tenancy shall thereafter have effect, and be construed in all respects, as if it had been granted in the first instance by the person or body in whose favour the surrender is effected.
Determination otherwise than by surrender
Section 240
Where any lease or sublease (whether granted before or after the commencement of this Act)...
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(2
) Where any tenancy exempt from registration has been so determined, any endorsement made on the register document of title to the land pursuant to Chapter 7 of Part Eighteen may be cancelled in accordance with the provisions of that
Chapter.
Part Sixteen—CHARGES AND LIENS
Chapter
Chapter 1—Creation of charges, and general provisions relating thereto
Powers of charging
Section 241
Subject to subsection (3)—
(a)
the whole, but not a part only, of any alienated land;
(b)
the whole, but not a part only, of any undivided share in alienated land; and
(c)
any lease of alienated land, may be charged under this Act with—
(aa)
the repayment of any debt, or the payment of any sum other than a debt; or
(bb)
the payment of any annuity or other periodic sum.
(2
) The powers conferred by subsection (1) shall include power to create second and subsequent charges.
(3
) The said powers shall be exercisable in any particular case subject to—
(a)
any prohibition or limitation imposed by this Act or any other written law for the time being in force;
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(b)
any restriction in interest to which the land in question is for the time being subject; and
(c)
in relation to leases, the provisions thereof, express or implied.
(4
) Without prejudice to paragraph (3)(a), no charge may be granted to two or more persons or bodies otherwise than as trustees or representatives.
(5
) Subject to subsection (3), a charge in respect of alienated land or any lease of alienated land may be created in favour of a financial institution notwithstanding that such institution having beneficial rights pursuant to any transaction contracted in compliance with Syariah.
(6
) For the purpose of subsection (5), the financial institution shall be those institutions licensed under any written law relating to financial institutions or development financial institutions.
Form of charges
Section 242
Every charge to secure the repayment of a debt, or the payment of any sum other than a debt...
shall be effected by an instrument in Form 16a.
(2
) Every charge to secure the payment of an annuity or other periodic sum—
(a)
shall be effected by an instrument in Form 16b; and
(b)
may if the parties think fit include provision whereby, in the event of the chargee exercising his power of sale, the proceeds of sale (so far as available for the purpose) are to be utilised in or towards the satisfaction of payments subsequently falling due.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Section 244
In its application to the Federal Territory of Labuan, in subsection (2), substitute for the words “any
Registry or Land Office” the words “the Registry”.
National Land Code
National Land Code 397
(3
) The provision included in any charge pursuant to paragraph (2)(b) may be provision for—
(a)
the setting aside, for the purpose of meeting the said payments, of any sum on investment, or
(b)
the retention by the chargee of the capitalised value of the said payments, or such other, or additional, provision as the parties think fit.
Effect of charges 243.
Every charge created under this Act shall take effect upon registration so as to render the land or lease in question liable as security in accordance with the provisions thereof, express or implied.
Custody of issue document of title or duplicate lease
Section 244
A first chargee of any land or lease shall, as between himself and the proprietor or lessee...
(2
) A chargee having the custody of any issue document of title or duplicate lease shall, on the written request of the proprietor or lessee, and within such reasonable period as is specified in the request, produce the same at any Registry or Land Office so specified for any purpose for which it is required under any provision of this Act.
(3
) The costs properly incurred by any chargee in complying with any such request shall be payable by the proprietor or lessee on demand and, if demanded in writing and not sooner paid, shall be added to, and deemed for all the purposes of this Act to form part of, the first payment due under the charge after the date of the demand.
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Restriction on consolidation 245.
In the absence of any express provision therein to the contrary, a person seeking to discharge any charge may do so without making any payment in or towards the discharge of any other charge created by him, or any person through whom he claims, on property other than that comprised in the first-mentioned charge.
Tacking of further advances
Section 246
Notwithstanding any other provision of this Act, any chargee may, in the circumstances spec...
or (b), make further advances (including, where appropriate, advances consisting of the giving of additional credit) to rank in priority to any subsequent charge of the same land or lease.
(2
) The said circumstances are—
(a)
where the making of the advance or advances in question is expressly authorized by the prior charge, or the purpose of that charge is to secure the balance from time to time due to the chargee under any current or continuing account; or
(b)
where the advance or advances in question are made with the consent of the person entitled to the benefit of the subsequent charge.
(3
) For the purposes of paragraph (2)(b), any advance made by a chargee at any time before he is notified in writing of the registration of a subsequent charge shall be deemed to have been made with the consent of the person entitled to the benefit of that charge.
(4
) Except as provided by this section, the right to tack shall not apply to any charge.
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Postponement of charges
Section 247
Any charge may be postponed to any subsequent charge by an instrument in Form 16c.
(2
) The charges to which any instrument of postponement relates shall rank, as between each other, in the order therein specified as from the date on which the instrument is registered.
Application of this Part to existing charges
Section 248
Sections 244 to 247 and Chapters 3 to 5 shall apply both to charges created under this Act...
(2
) References in any of the said provisions to the chargor or the chargee shall be construed in relation to any charge as references to the person or body in whom the charged land or lease is for the time being vested or, as the case may be, the person or body for the time being entitled to the benefit of the charge.
Chapter
Chapter 2—Implied provisions
Agreements by chargor implied in all charges
Section 249
In every charge created under this Act, there shall be implied on the part of the chargor—
(a)
an agreement that he will comply with the provisions thereof as to payment of the sum or sums thereby secured, and with any provision for the payment of interest thereon, if any; and
(b)
an additional agreement in the terms set out in subsection (2)
or (3), according as the subject matter of the charge is land or a lease.
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(2
) The additional agreement by the chargor in the case of a charge of land shall be an agreement that he will during the continuance of the charge—
(a)
pay all rent falling due to the State Authority in respect of the land, and all rates, taxes and other outgoings relating thereto, and
(b)
duly observe and perform all conditions, express or implied, to which the land is subject.
(3
) The additional agreement by the chargor in the case of a charge of any lease shall be an agreement that he will during the continuance of the charge pay the rent reserved by the lease, and duly observe and perform all other provisions thereof, express or implied.
Agreements by chargor implied in absence of contrary intention 250.
In every charge created under this Act, the following agreements on the part of the chargor shall be implied in the absence of any express provision to the contrary:
(a)
that he will keep in repair all buildings on the land thereby charged or, where it is a lease that is charged, any building or part of a building comprised in, or forming the subject matter of, the lease;
(b)
that he will keep every such building or part insured to its full value against loss or damage by fire, in the joint names of himself and the chargee, and with insurers approved by the latter;
(c)
that he will permit the chargee or his agent, at all convenient times and after giving reasonable notice
(being, in the case of country land, not less than two clear days’ notice)—
(i)
to enter, and inspect the state of repair of, any such building or part; or 268
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(ii)
to enter, and inspect the state of maintenance or cultivation of, the charged land or, as the case may be, the land comprised in the charged lease; and
(d)
that in the event of his failing to comply with any of the provisions thereof, express or implied, other than the agreement specified in paragraph 249(1)(a)—
(i)
the chargee may (without prejudice to any other remedy available to him under this Act)
take such action as is necessary to remedy the breach; and
(ii)
the costs properly incurred by the chargee in that behalf shall, if demanded in writing and not sooner paid, be added to, and deemed for all the purposes of this Act to form part of, the first payment due under the charge after the date of the demand.
Implied agreement by chargee as to consent to leases, etc.
Section 251
In every charge created under this Act, there shall, in the absence of any express provisio...
Construction of implied agreements to keep “in repair”
Section 252
Section 233 as to the construction of agreements to keep buildings, or parts of buildings,...
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Chapter
Chapter 3—Remedies of chargees: Sale
Introductory
Purpose and scope of this Chapter
Section 253
The provisions of this Chapter shall have effect for the purpose of enabling any chargee to...
(2
) The powers conferred by this Chapter shall be additional to those conferred by Chapter 4, and no chargee shall be debarred from exercising them by reason of the fact that he has already taken action under that Chapter.
(3
) In this Chapter—
“bidder” means only one natural person, one corporation or one single body and does not include the chargor;
“chargee” includes a financial institution;
“financial institution” means any licensed bank, licensed finance company or licensed merchant bank as defined in the *Banking and Financial Institutions Act 1989 [Act 372], a bank under the
**Islamic Banking Act 1983 [Act 276], any co-operative society carrying on the business of financing and any statutory body established under any Federal or State law acting as chargee under this Act; and
“purchaser” means the successful bidder.
(4
) For the purposes of this Chapter, the chargor or chargee may appoint any person or body to perform his duties or take action on his behalf and notice of any such appointment shall be given in writing to the Registrar of the Court or the Land
Administrator, as the case may be.
* The Banking and Financial Institutions Act 1989 [Act 372] has been repealed by the Financial
Services Act 2013 [Act 758] which comes into operation on 30 June 2013—see section 271
of Act 758.
** The Islamic Banking Act 1989 [Act 276] has been repealed by the Islamic Financial Services
Act 2013 [Act 759] which comes into operation on 30 June 2013—see section 282 of Act 758.
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Notice Before Sale
Service of default notice, and effect thereof
Section 254
Where, in the case of any charge, any such breach of agreement as is mentioned in subsectio...
(a)
specifying the breach in question;
(b)
requiring it to be remedied within one month of the date on which the notice is served, or such alternative period as may be specified in the charge which shall not be less than one month; and
(c)
warning the chargor that, if the notice is not complied with, he will take proceedings to obtain an order for sale.
(2
) Where, after the service of any such notice, the charged land or lease becomes vested in any other person or body, the notice shall be as valid and effectual against that person or body as it was against the person or body on whom it was served.
(3
) If at the expiry of the period specified in any such notice the breach in question has not been remedied—
(a)
the whole sum secured by the charge shall (if it has not already done so) become due and payable to the chargee;
and
(b)
the chargee may apply for an order for sale in accordance with the following provisions of this Chapter:
Provided that paragraph (a) shall not apply to any charge to secure the payment of an annuity or other periodic sum.
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Special provision with respect to sums payable on demand
Section 255
Where the principal sum secured by any charge is payable by the chargor on demand, the char...
(2
) Subsection 254(2) shall apply to notices in Form 16e as they apply to notices in Form 16d.
Procedure—Registry Title, Qualified Title
Corresponding Thereto, and Subsidiary Title
Application to Court for order for sale
Section 256
This section applies to land held under—
(a)
Registry title;
(b)
the form of qualified title corresponding to Registry title; or
(c)
subsidiary title, and to the whole of any undivided share in, or any lease of, any such land.
(2
) Any application for an order for sale under this Chapter by a chargee of any such land or lease shall be made to the Court in accordance with the provisions in that behalf of any law for the time being in force relating to civil procedure.
(3
) On any such application, the Court shall order the sale of the land or lease to which the charge relates unless it is satisfied of the existence of cause to the contrary.
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Matters to be dealt with by order for sale
Section 257
Every order for sale made by the Court under section 256
shall be in Form 16h and shall—
(a)
provide for the sale to be by public auction;
(b)
require the sale to be held on, or as soon as may be after, a date specified therein, being a date not less than one month after the date on which the order is made;
(c)
specify the total amount due to the chargee at the date on which the order is made;
(d)
require the Registrar of the Court to fix a reserve price for the purpose of the sale, being a price equal to the estimated market value of the land or lease in question;
(e)
specify that no bidder shall be allowed to bid in the sale unless the officer of the Court is satisfied that the bidder possesses, at the time of the sale, the sum equivalent to ten per centum of the reserve price specified under paragraph (d);
(f)
specify that where the full amount of the purchase price is not paid after the fall of the hammer by the successful bidder, the sum specified in paragraph (e) shall be paid as deposit to the chargee and forthwith credited into the account of the chargor pending the settlement of the balance of the purchase price;
(g)
specify that the balance of the purchase price shall be settled on a date not later than one hundred and twenty days from the date of the sale and that there shall be no extension of the period so specified; and
(h)
specify that where the balance of the purchase price is not settled on a date specified under paragraph (g), the sum paid as deposit under paragraph (f) to the chargee shall be forfeited and disposed of in the manner specified under section 267a.
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(2
) Any such order may contain such other directions with respect to the sale as the Court may think fit, and in particular
(but without prejudice to the generality of the foregoing) may, where the charge in question relates to more lands or leases than one, direct—
(a)
that they be offered for sale individually, and in a specified order; and
(b)
that, in the event of the price fetched by one or more of them exceeding an amount specified in the order, or to be determined by the Registrar of the Court, the other or others shall be withdrawn from the sale, and shall cease to be subject to the order.
(3
) In specifying or determining any amount for the purposes of paragraph (2)(b), the Court or the Registrar, as the case may be, shall have regard not only to the liability of the chargor under the charge, but also to any liabilities which (under section 268)
will fall to be discharged out of the proceeds of sale in priority thereto.
Procedure prior to sale
Section 258
Where any such order has been made, it shall be the duty of the Registrar of the Court—
(a)
to serve a copy thereof on the chargor, and on every chargee of the land or lease in question; and
(b)
to see that the sale is publicly advertised in accordance with rules of court or, in the absence of any rule in that behalf, the practice customarily adopted in the State.
(2
) The chargee on whose application the order was made shall—
(a)
prepare the conditions of sale, in accordance with the terms of the order and any determination thereunder by the Registrar of the Court;
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(b)
if the issue document of title to the land or, as the case may be, duplicate lease is in his custody, deposit the same with the Court not less than one week before the date fixed for the sale; and
(c)
in the case of a charge of an undivided share in land effected by virtue of subsection 343(6), deposit with the
Court not less than one week before the date fixed for the sale, the copy of the issue document of title issued to the co-proprietor under subsection 343(3).
Procedure at sale
Section 259
Every sale pursuant to an order under section 256 shall take place under the direction of a...
(2
) The officer under whose direction the sale takes place shall—
(a)
receive the bids (including any bid by or on behalf of the chargee);
(b)
settle summarily any question arising in the course of the proceedings;
(c)
in the absence of any bid at or above the reserve price, withdraw the land or lease in question from the sale, direct that it be put up for auction on a subsequent date, either at the same or at a new reserve price, and see that the subsequent sale is publicly advertised in the like manner; and
(d)
subject to paragraph (c), declare the sale concluded in favour of the highest bidder.
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(3
) The purchaser at the sale shall, upon payment to the said officer of the full amount of the purchase price, be entitled to receive from him—
(a)
a certificate in Form 16f that the land or lease in question has been sold to him under the authority of this Act
(which certificate shall, as provided by section 267, be registrable by the purchaser as if it were an instrument of dealing); and
(b)
if deposited with the Court pursuant to paragraph 258(2)(b), the issue document of title to the land or, as the case may be, duplicate lease.
(3a
) Notwithstanding subsection (3), where the chargee is a financial institution, the purchaser at the sale shall, upon payment of the full amount of the purchase price to the chargee and upon receipt of the certification in writing from the chargee not later than fourteen days following the payment of such sum, that the balance or the full amount of the purchase price has been paid, shall be entitled to receive from the said officer of the Court—
(a)
a certificate in Form 16f that the land or lease in question has been sold to him under the authority of this Act
(which certificate shall, as provided by section 267, be registrable by the purchaser as if it were an instrument of dealing); and
(b)
if deposited with the Court pursuant to paragraph 258(2)(b), the issue document of title to the land or, as the case may be, duplicate lease.
(4
) Where the order for sale under subsection 257(1) requires the payment of any deposit by the successful bidder in any public auction and the balance to be settled on a date not later than one hundred and twenty days from the date of the sale, section 267a shall apply.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 410
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Provisions of the
National Land Code
Modification
Heading before section 260 In its application to the Federal Territory of Labuan, delete this heading.
Sections 260 and 261
In its application to the Federal Territory of Labuan, delete these sections.
National Land Code
National Land Code 411
Procedure—Land Office Title, Qualified Title Corresponding
Thereto, and Subsidiary Title
Application to Land Administrator for order for sale
Section 260
This section applies to land held under—
(a)
Land Office title;
(b)
the form of qualified title corresponding to Land Office title; or
(c)
subsidiary title, and to the whole of any undivided share in, or any lease of, any such land.
(2
) Any application for an order for sale under this Chapter by a chargee of any such land or lease shall be made to the Land
Administrator in Form 16g.
Land Administrator to hold enquiry
Section 261
Upon receiving any application under subsection 260(2), the Land Administrator shall—
(a)
appoint a time and place for the holding of an enquiry with respect thereto;
(b)
notify the chargee of the time and place so appointed;
and
(c)
cause a summons to be served on the chargor, requiring him to appear at the enquiry and show cause why the order should not be made.
(2
) The provisions of Chapter 4 of Part Two shall have effect in relation to any enquiry held, or proposed to be held, under this section with the omission of section 27 (which relates to the advertisement of enquiries), and subject also to section 262.
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Provisions as to enquiry
Section 262
No persons or bodies other than the chargor or chargee or in his or their absence a person...
(and accordingly, the chargor and the chargee or the person or body appointed, as the case may be, shall be entitled to apply for a postponement or change of venue under subsection 28(2), or to receive notice under subsection (4) of that section of any cancellation, postponement or change of venue).
(2
) If the chargee fails to appear at the time fixed for the hearing of any such enquiry, the Land Administrator shall dismiss the application.
(3
) If the chargee appears, but not the chargor, the Land
Administrator—
(a)
if satisfied that a summons to appear was duly served on the chargor, and in sufficient time to enable the chargor to appear and answer, shall proceed with the hearing ex parte;
(b)
if not so satisfied, shall adjourn the hearing to a later date, and cause a fresh summons to be served.
(4
) Where there are more chargees than one, and some only of them appear, or more chargors than one, and some only of them appear, the Land Administrator may at his discretion proceed with the hearing or adjourn it to a later date.
(5
) The dismissal of any application pursuant to subsection (2)
shall be without prejudice to the making by the chargee of a fresh application on the same grounds; but if the chargor appeared at the time fixed for the hearing, the application shall not be entertained until the chargee has paid to the chargor the costs of that appearance, as allowed by the Land
Administrator.
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Provisions of the
National Land Code
Modification
Section 262
In its application to the Federal Territory of Labuan, delete these sections.
Laws of Malaysia 414
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Provisions of the
National Land Code
Modification
Section 263
In its application to the Federal Territory of Labuan, delete these sections.
National Land Code
National Land Code 415
Order for sale, and matters to be dealt with thereby
Section 263
At the conclusion of any enquiry under section 261, the Land Administrator shall order the...
(2
) Every such order shall be in Form 16h, and shall—
(a)
provide for the sale to be by public auction;
(b)
specify the date on which the sale is to be held, being a date not less than one month after the date on which the order is made;
(c)
specify the amount due to the chargee at the date on which the order is made;
(d)
fix a reserve price for the purpose of the sale, being a price equal to the market value of the land or lease in question as estimated by the Land Administrator;
(e)
specify that no bidder shall be allowed to bid in the sale unless the Land Administrator is satisfied that the bidder possesses, at the time of the sale, the sum equivalent to ten per centum of the reserve price specified under paragraph (d);
(f)
specify that where the full amount of the purchase price is not paid after the fall of the hammer by the successful bidder, the sum specified in paragraph (e) shall be paid to the chargee and forthwith credited into the account of the chargor pending the settlement of the balance of the purchase price;
(g)
specify that the balance of the purchase price shall be settled on any date not later than one hundred and twenty days from the date of the sale and that there shall be no extension of the period so specified; and 279
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(h)
specify that where the balance of the purchase price is not settled on a date specified under paragraph (g), the sum paid as deposit under paragraph (f) to the chargee shall be forfeited and disposed of in the manner specified under section 267a.
(3
) Subsections 257(2) and (3) shall apply mutatis mutandis, to orders under this section as they apply to orders of the Court under section 256.
Procedure prior to sale
Section 264
After making any order under section 263, the Land
Administrator shall—
(a)
serve a copy thereof on the chargor, and on every chargee of the land or lease in question; and
(b)
give public notice of the sale in such manner as he may consider appropriate.
(2
) The chargee on whose application the order was made shall deposit with the Land Administrator, not less than seven days before the date fixed for the sale—
(a)
the duplicate charge; and
(b)
if in his custody, the issue document of title to the land or, as the case may be, duplicate lease.
(3
) The Land Administrator may, if he thinks it expedient to do so, from time to time postpone any sale ordered under section 263.
(4
) Notice of any such postponement shall be given to each of the persons or bodies on whom a copy of the order was served pursuant to paragraph (1)(a), and shall be published in such manner as the Land Administrator may consider appropriate.
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Provisions of the
National Land Code
Modification
Section 264
In its application to the Federal Territory of Labuan, delete these sections.
Laws of Malaysia 418
Act 828
Postponement or cancellation of an order for sale by Land
Administrator 264a. (1) An order for sale made under section 263 may be postponed only once for a period not exceeding three months or cancelled by the Land Administrator upon an application of the chargee with the concurrence of the chargor in Form 16o and shall be accompanied by such fee as may be prescribed:
Provided that such application shall be submitted to the Land
Administrator not less than seven days before the date of the sale.
(2
) Upon receiving an application made under subsection (1), the Land Administrator may approve or reject the application.
(3
) Where the Land Administrator approves an application made under subsection (1), he shall give an order in Form 16p to each of the persons or bodies on whom a copy of the order for sale was served pursuant to paragraph 264(1)(a) and give public notice in such manner as he may consider appropriate.
(4
) The rejection of any application made under subsection (1)
shall be without prejudice to the making of a fresh application by the chargee.
Procedure at sale
Section 265
Where a sale is held pursuant to an order under section 263—
(a)
the sale shall take place under the direction of the Land
Administrator, who may take the assistance thereat of any licensed auctioneer; and
(b)
the chargee shall be entitled to bid at the sale.
(2
) If at the sale no bid is received at or above the reserve price, the land or lease in question shall be withdrawn from the sale, and the Land Administrator shall direct that it be put up for auction on a subsequent date, either at the same or at a new reserve price, and shall give such notice of the subsequent sale as he may consider appropriate.
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Provisions of the
National Land Code
Modification
Sections 264a and 265
In its application to the Federal Territory of Labuan, delete these sections.
Laws of Malaysia 420
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(3
) If at the subsequent sale no bid is received at or above the reserve price, the Land Administrator may—
(a)
direct that it be put up for auction at a subsequent date, either at the same or a new reserve price and shall give such notice of the subsequent sale as he may consider appropriate; or
(b)
withdraw it from the sale and refer the matter to the Court.
(3a
) The Court may substitute for the order of the Land
Administrator an order for sale under section 256 or make such other order as it may think just:
Provided that the Court shall not make any order to the Land
Administrator to carry out the sale.
(4
) The purchaser at any such sale shall, upon payment to the
Land Administrator of the full amount of the purchase price, be entitled to receive from him—
(a)
a certificate in Form 16I that the land or lease in question has been sold to him under the authority of this Act
(which certificate shall, as provided by section 267, be registrable by the purchaser as if it were an instrument of dealing); and
(b)
if deposited with the Land Administrator pursuant to paragraph 264(2)(b), the issue document of title to the land or, as the case may be, duplicate lease.
(4a
) Notwithstanding subsection (4), where the chargee is a financial institution, the purchaser at the sale shall, upon payment of the full amount of the purchase price to the chargee and upon receipt of the certification in writing from the chargee not later than fourteen days following the payment of such sum, that the balance or the full amount of the purchase price has been paid, shall be entitled to receive from the Land Administrator—
(a)
a certificate in Form 16I that the land or lease in question has been sold to him under the authority of this Act
(which certificate shall, as provided by section 267, be registrable by the purchaser as if it were an instrument of dealing); and 282
National Land Code 421
Provisions of the
National Land Code
Modification
Laws of Malaysia 422
Act 828
Provisions of the
National Land Code
Modification
Section 266
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Administrator” wherever they appear.
National Land Code
National Land Code 423
(b)
if deposited with the Land Administrator pursuant to paragraph 264(2)(b), the issue document of title to the land or, as the case may be, duplicate lease.
(5
) Where the order for sale under subsection 263(2) requires the payment of any deposit by the successful bidder in any public auction and the balance to be settled on a date not later than one hundred and twenty days from the date of the sale, section 267a shall apply.
General Provisions
Right of chargor to tender payment at any time before sale
Section 266
Any chargor against whom an order for sale has been made under this Chapter may, at any tim...
Registrar of the Court or, as the case may be, Land Administrator
(or, if the tender is made on the day fixed for the sale, to the officer having the direction thereof), and the order shall thereupon cease to have effect.
(2
) The amounts referred to in subsection (1) are—
(a)
the amount shown in the order as due to the chargee at the date on which the order was made;
(b)
such further amounts, if any, as have fallen due under the charge between the date of the order and the date of the tender; and
(c)
an amount sufficient to cover all expenses incurred in connection with the making, or carrying into effect, of the order.
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(3
) Where any order for sale ceases to have effect by virtue of this section, the Registrar of the Court or, as the case may be,
Land Administrator shall give notice thereof to every chargee of the land or lease in question.
Statement of payment due 266a. (1) The chargee shall prepare a statement of all payments due in Form 16q, up to the date of the sale by public auction, as follows:
(a)
any rent payable to the State Authority;
(b)
any other outgoings payable to the State Authority;
(c)
any rate payable to the local authority; and
(d)
all expenses incurred in connection with the sale by the
Registrar of the Court or Land Administrator, as the case may be.
(2
) The chargor and the Registrar of the Court or the Land
Administrator, as the case may be, shall be notified in Form 16q of the payments due under subsection (1) on or after the date of the sale by public auction.
Effects of sale
Section 267
Any certificate of sale given to a purchaser under subsection 259(3) or 265(4) in respect o...
Part Eighteen; and, upon the registration thereof—
(a)
the title or interest of the chargor shall pass to and vest in the purchaser, freed and discharged from all liability under the charge in question and any charge subsequent thereto; and 284
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Provisions of the
National Land Code
Modification
Section 266a
In its application to the Federal Territory of Labuan—
(1
) in paragraph (1)(d), delete the words “or Land
Administrator, as the case may be”;
(2
) in subsection (2), delete the words “or the Land
Administrator, as the case may be,”.
Subsection 267(1)
In its application to the Federal Territory of Labuan, delete the words “or subsection 265(4)”.
Laws of Malaysia 426
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(b)
subject to paragraph (2)(a), the relevant provisions of
Part Fourteen shall apply as if the chargor had transferred the land or lease to the purchaser in accordance with the provisions of that Part.
(2
) Notwithstanding that it was granted with the consent in writing of the chargee, as required by subsection 226(1), no tenancy exempt from registration granted by the chargor after the date of registration of the charge shall be binding on the purchaser unless, prior to the date of registration of the certificate of sale, the tenancy had become protected by an endorsement on the register document of title to the land pursuant to Chapter 7
of Part Eighteen.
(3
) Subsection (2) shall have effect in addition to those of subsection 213(3), under which, by virtue of the fact that he claims through the chargee, the purchaser will not be bound by any tenancy granted by the chargor before the date of registration of the charge unless it had become protected by endorsement prior to that date.
Application of deposit upon failure to settle purchase price, etc.
Section 267a
Where the purchaser fails to settle the balance of the purchase price within the period spe...
(a)
firstly, in the payment of all moneys due specified in paragraphs 268(1)(a) and (b); and
(b)
secondly, in the payment of the balance, if any, retained in the account of the chargor for the purpose of reducing the amount due to the chargee in the order of priority specified in paragraphs 268(1)(c), (d) and (e).
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Provisions of the
National Land Code
Modification
Section 267a
In its application to the Federal Territory of Labuan, delete the words “or 263”.
Laws of Malaysia 428
Act 828
Application of purchase money
Section 268
The purchase money arising on any sale under this
Chapter shall be applied as follows:
(a)
firstly, in the payment of rent to the State Authority or the lessor (according as the charge was a charge of land or of a lease) and, so far as no person other than the chargor was responsible therefor, any other outgoings payable to the State Authority or any local authority;
(b)
secondly, in the payment of the expenses (as certified by the Registrar of the Court or Land Administrator, as the case may be) incurred in connection with the making and carrying into effect, of the order for sale;
(c)
thirdly, in the payment to the chargee of the total amount due under the charge at the time of the sale;
(d)
fourthly, in the case of a charge to secure the payment of an annuity or other periodic sum, in accordance with any provision for the satisfaction of payments subsequently falling due included therein pursuant to paragraph 242(2)(b); and
(e)
fifthly, in the payment off of subsequent charges, if any, in the order of their priority.
(2
) The reference in paragraph (1)(e) to the payment off of subsequent charges is a reference—
(a)
in the case of a charge to secure the repayment of a debt, or the payment of any sum other than a debt, to the payment to the chargee of the principal sum thereby secured (or so much thereof as is then outstanding)
together with any interest then due, if any;
(b)
in the case of a charge to secure the payment of an annuity or other periodic sum, to the payment to the chargee of all sums then due, and the giving effect to any provision for the satisfaction of payments subsequently falling due included therein as mentioned in paragraph (1)(d).
(3
) The residue, if any, of the purchase money shall, subject to subsection 339(3), be paid to the chargor.
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Provisions of the
National Land Code
Modification
Paragraph 268(1)(b)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator, as the case may be”.
Laws of Malaysia 430
Act 828
Application of purchase money by chargee who is a financial institution 268a. (1) Upon receipt of the full payment of the purchase money of the sale, the chargee who is a financial institution shall immediately certify in writing to the Registrar of the Court or the Land Administrator, as the case may be, that the full payment has been received.
(2
) The chargee shall apply the purchase money in the manner specified as follows:
(a)
firstly, in the payment of the moneys due specified in paragraphs 268(1)(a) and (b) not later than fourteen days from the date of the receipt of the full purchase money of the sale; and
(b)
secondly, in the payment of moneys due to the persons or bodies in the order of priority specified in paragraphs 268(1)(c), (d) and (e) not later than twenty-one days after receipt of the full amount of the purchase money.
(3
) A statement of accounts of the payments received and paid out as specified in subsection (2) shall be submitted not later than thirty days after the receipt of the full purchase money to the Registrar of the Court or the Land Administrator, as the case may be.
Protection of purchasers
Section 269
The receipt in writing of any officer of the Court or Land
Administrator or in the case of a financial institution, chargee to whom any purchase money is paid on a sale under this Chapter shall be a sufficient discharge therefor to the purchaser; and the purchaser shall not be concerned to see to the application thereof, and shall not be liable for any loss occasioned by any failure to apply it in accordance with section 268 or 268a, as the case may be.
(2
) The sale of any lease under this Chapter shall not constitute a breach of any provision thereof, express or implied, restricting the right of the lessee to transfer the lease or otherwise part with the possession of the demised property.
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Provisions of the
National Land Code
Modification
Section 268a
In its application to the Federal Territory of Labuan, in subsections (1) and (3), delete the words “or the
Land Administrator, as the case may be,”.
Subsection 269(1)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
Laws of Malaysia 432
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(3
) Notwithstanding anything contained in this Act or any other written law, the State Authority, any local authority, any chargor or purchaser who suffers any loss or damage by reason of any act, omission, neglect, error or default arising under this Chapter shall be entitled to such compensation as may be determined by the Court.
Chapter
Chapter 4—Remedies of chargees: Possession
Limited Application of Powers under this Chapter
Limitation of powers to certain lands, and to first chargees only
Section 270
The powers conferred by this Chapter—
(a)
shall not be exercisable in relation to any land held under Land Office title or the corresponding form of qualified title;
(aa)
shall not be exercisable in the case of any charge of an undivided share in alienated land; and
(b)
shall, in the case of any town or village land not falling within paragraph (a), be exercisable only in so far as the land is not occupied by the chargor.
(2
) Subject to subsection (3), the said powers shall be exercisable by first chargees only.
(3
) The Minister may, by order made on the recommendation of the National Land Council, provide in any State for the exercise of the said powers by second and subsequent chargees; and any such order may modify the provisions of this Chapter to such extent, and in such manner, as may appear to the Minister and the Council necessary or desirable for the purpose.
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Provisions of the
National Land Code
Modification
Subsection 270(1)
In its application to the Federal Territory of Labuan—
(1
) delete paragraph (a);
(2
) in paragraph (b), substitute for the words “any town or village land not falling within paragraph
(a)
,” the words “any town land”.
Laws of Malaysia 434
Act 828
Right to Possession
Power of chargee to take possession on any default by chargor
Section 271
Subject to section 270, any chargee may, at any time when the chargor is in breach of any a...
(a)
so far as it is subject to any lease or tenancy binding on him, by receiving the rent payable to the chargor thereunder; and
(b)
so far as it is not so subject, by going into occupation thereof.
(2
) The exercise of his powers under this section by a chargee of any lease shall not constitute a breach of any provision thereof, express or implied, restricting the right of the lessee to part with the possession of the demised property.
Procedure for taking possession
Section 272
A chargee intending to enter into possession of any land pursuant to section 271 shall—
(a)
where he is to do so by receiving the rent payable to the chargor under any lease or tenancy, serve a notice in
Form 16j on the lessee or tenant, and a copy thereof on the chargor; and
(b)
where he is to do so by going into occupation, serve a notice in Form 16k on the chargor.
(2
) Upon the service of a notice in Form 16j on any lessee or tenant, there shall pass to the chargee all the rights, powers and remedies of the chargor with respect to the receipt and recovery of, and the giving of discharges for, the rent in question (including any amount due, but not paid, prior to the service of the notice).
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(3
) Where any chargor on whom a notice in Form 16k is served fails within the period specified in that behalf in the notice to admit, or secure the admission of, the chargee into occupation of the land in question, the chargee may apply to the Court for an order for possession in accordance with any law for the time being in force relating to civil procedure.
Duration of right to possession
Section 273
A chargee who has entered into possession of any land pursuant to section 271 may, without...
(2
) A chargee in possession of any land by occupation may remain in possession either by continuing in occupation or by exercising his power under section 275 to lease the land and receive the rent payable under the lease.
(3
) A chargee in possession of any land by receipt of rent may, on the determination of the lease or tenancy under which the rent is payable, remain in possession either by receiving the rent payable under a new lease granted by him pursuant to section 275, or by going into occupation, or partly in one way and partly in the other.
Effects of Taking Possession
Position of chargee in possession
Section 274
A chargee in possession of any land by occupation shall be entitled to manage the land and...
(2
) Every chargee in possession, whether by occupation or by receipt of rent, shall be accountable to the chargor not only for all sums actually received by him, but also for any additional sums which he might reasonably have been expected to receive by the prudent exercise of his powers.
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Power of chargee in possession to grant leases and accept surrenders
Section 275
In the absence of any provision in the charge to the contrary, a chargee in possession of a...
(a)
lease the whole or any part thereof in accordance with the following provisions of this section; and
(b)
for the purpose of granting any such lease, accept in accordance with those provisions the surrender of any existing lease or tenancy.
(2
) Subject to subsection (8), a chargee shall not have power under this section to grant building leases.
(3
) Every lease granted under this section shall be for a term exceeding three years; and, subject to subsection (8), no such lease shall be for a term exceeding fourteen years.
(4
) The date of commencement of any such lease shall be the date on which it is granted or, where it is granted in respect of land subject to an existing lease or tenancy, the date immediately following the determination thereof.
(5
) Every lease or surrender under this section shall be granted or effected in accordance with the appropriate provisions of Part
Fifteen, and shall be treated for all the purposes of this Act as if it had been granted or effected under that Part.
(6
) Subject to subsection (8), no lease under this section shall contain any express agreements on the part of the chargor as lessor.
(7
) A chargee shall notify the chargor of any lease or surrender under this section; and, on the grant of any lease, a chargee shall serve on the lessee a notice in Form 16j, and shall thereupon become entitled to all the rights, powers and remedies of the chargor with respect to the receipt and recovery of, and the giving of discharges for, the rent payable thereunder.
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(8
) Any chargor may, either in the instrument of charge or by subsequent agreement in writing, extend the powers conferred by this section so as to enable the chargee—
(a)
to grant building leases thereunder; or
(b)
to grant leases thereunder for terms exceeding fourteen years; or
(c)
to include in any lease so granted any express agreement or agreements on the part of the chargor as lessor.
(9
) Nothing in this section, in any instrument of charge, or in any agreement between a chargor and chargee shall authorize any chargee to grant any lease which could not have been granted by his chargor.
Provisions as to notices by chargees to receive rents
Section 276
Any notice in Form 16j lawfully served by any chargee pursuant to subsection 272(2) or 275(...
(a)
withdrawn by the chargee; or
(b)
cancelled by the chargor on the grounds that the land comprised in the lease or tenancy has ceased to be subject to any liability under the charge; or
(c)
cancelled by any purchaser of the said land on a sale under Chapter 3.
(2
) The service of any such notice by any chargee shall, in favour of the lessee or tenant on whom it is served and any subsequent transferee of the lease or tenancy in question, be presumed to have been lawful until it is otherwise held by the
Court; and any receipt given by or on behalf of the chargee in respect of any payment made pursuant to the notice shall remain valid notwithstanding that the notice itself is subsequently held invalid.
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(3
) The cancellation of any such notice pursuant to paragraph (1)(b) or (c) shall be effected by the service on the lessee or tenant for the time being of a notice in Form 16l or 16m, as appropriate.
Application of Rents and Profits
Application of rents and profits by chargees in possession
Section 277
The sums received by a chargee of land in possession of the whole or any part thereof under...
(a)
firstly, in discharge of the rent payable to the State
Authority in respect of the charged land and, so far as no person other than the chargor is responsible therefor, any other outgoings payable in respect thereof to the
State Authority or any local authority;
(b)
secondly, in payment of the premiums due under any policy of insurance effected pursuant to the instrument of charge in respect of any buildings on the charged land;
(c)
thirdly, in carrying out any repairs reasonably necessary for the preservation of any such building, and in taking any other action necessary to comply with any condition to which the said land is subject; and
(d)
fourthly, in payment of all sums due to him under the charge;
and the residue, if any, from time to time in his hands shall be paid to the chargor.
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(2
) Subsection (1) shall apply to the sums received by a chargee of any lease subject to the necessary modifications and, in particular, as if—
(a)
in paragraph (a), for the reference to rent payable to the
State Authority there were substituted a reference to rent payable by the chargor as lessee; and
(b)
in paragraph (c), for the reference to any condition to which the charged land is subject there were substituted a reference to any agreement contained expressly or by implication, in the lease.
Chapter
Chapter 5—Discharge
Discharge otherwise than by payment
Section 278
Any chargee may, by an instrument in Form 16n discharge the land or lease to which his char...
from all further liability thereunder, and the discharge shall take effect as from the date on which the instrument is registered.
(2
) In the absence of express provision therein to the contrary, no instrument of discharge shall release the chargor from his personal liability under the charge.
Discharge by payment to Registrar in cases of death, absence or disability
Section 279
Any chargor may apply to the Registrar for relief under this section on the grounds that he...
(a)
the chargee is dead, or cannot be found within the
Federation, or evades or refuses to accept payment thereof, or is under a legal disability, and
(b)
he is unable to trace any person or body authorized to receive payments on the chargee’s behalf.
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(2
) Where the grounds specified in any such application, and the precise amount due under the charge, are established to his satisfaction, the Registrar shall authorize the chargor to deposit the amount in question with him; and upon the making of the deposit, the land or lease to which the charge relates shall be discharged from all liability thereunder.
(3
) The receipt of the Registrar for any moneys deposited with him under this section shall, as respects the personal liability of the chargor, be a sufficient discharge therefor; and any such moneys—
(a)
shall be placed by the Registrar in the custody of such public officer as he may think proper;
(b)
may be claimed by the person or body entitled thereto at any time within six years of the date of deposit; and
(c)
if not so claimed, shall thereafter be paid into the
Consolidated Fund of the State.
Memorialization on discharge by payment 280.
Where any land or lease has become discharged from liability under any charge by payment to the Registrar under section 279, the registration of the charge shall be cancelled by the Registrar pursuant to section 314; and any chargor may apply to the Registrar under that section for cancellation of the registration of the charge on the grounds that a discharge has been effected by payment to the chargee.
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Provisions of the
National Land Code
Modification
Paragraph 279(3)(c)
In its application to the Federal Territory of Labuan, substitute for the words “Consolidated Fund of the
State” the words “Federal Consolidated Fund”.
Laws of Malaysia 442
Act 828
Chapter
Chapter 6—Liens
Creation, and effect, of liens
Section 281
Any proprietor or lessee for the time being may deposit with any other person or body, as s...
(a)
may thereupon apply under Chapter 1 of Part Nineteen for the entry of a lienholder’s caveat; and
(b)
shall, upon the entry of such a caveat, become entitled to a lien over the land or lease.
(2
) Where the holder of any lien has obtained judgment for the amount due to him thereunder, he shall be entitled to apply to the Court for, and obtain forthwith, an order for the sale of the land or lease.
(3
) Any such application shall be made in accordance with any law for the time being in force relating to civil procedure; and sections 257 to 259 and sections 266 to 269 shall apply, mutatis mutandis, where any such application has been made as they apply where a chargee applies for an order under section 256.
(4
) A lienholder shall, on the written request of the proprietor or lessee, and within such reasonable period as is specified in the request, produce the issue document of title or duplicate lease at any Registry or Land Office so specified for any purpose for which it is required under any provision of this Act.
(5
) The costs properly incurred by any lienholder in complying with any such request shall be payable by the proprietor or lessee on demand.
(6
) The provisions of subsections (2) to (5) shall apply to all liens, whether created before or after the commencement of this Act.
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Provisions of the
National Land Code
Modification
Section 281
In its application to the Federal Territory of Labuan—
(1
) in subsection (4), substitute for the words “any
Registry or Land Office” the words “the
Registry”;
(2
) in subsection (6), substitute for the words “, whether created before or” the word “created”.
Laws of Malaysia 444
Act 828
Part Seventeen—EASEMENTS
Chapter
Chapter 1—Creation
Meaning of “easement”
Section 282
In this Act “easement” means any right granted by one proprietor to another, in his capacit...
(2
) The rights capable of being granted as easements are those specified in section 283.
(3
) The land for the benefit of which any easement is granted is in this Act referred to as “the dominant land”, and the land of the proprietor by whom it is granted as “the servient land”:
Provided that, where on the subdivision or partition of any land the benefit or burden of any easement ceases to be attached to, or binding upon, any portion, references in this Act to “the dominant land” or, as the case may be, “the servient land” shall thereafter be construed in relation to that easement as excluding the portion in question.
Rights able to be granted as easements
Section 283
The rights capable of being granted as easements are, subject to subsection (2)—
(a)
any right to do something in, over or upon the servient land; and
(b)
any right that something should not be so done.
(2
) The said rights do not include—
(a)
any right to take anything from the servient land; or
(b)
any right to the exclusive possession of any part thereof:
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National Land Code 445
Provided that nothing in paragraph (b) shall prevent the existence as an easement of any right involving the placing and maintaining in or upon the servient land of any installations or other works.
Necessity for express grant
Section 284
No right in the nature of an easement shall be capable of being acquired by prescription (t...
(2
) Except as mentioned in subsection 286(3), no such right shall be capable of being acquired by implied grant.
Restrictions on power to grant
Section 285
The power of a proprietor to grant easements under this Chapter shall be exercisable in any...
(2
) No easement affecting the enjoyment of land which is subject to any lease, tenancy or charge shall be capable of being granted under this Chapter without the consent of the person or body for the time being entitled to the benefit thereof; and any such consent shall be signified in the instrument by which the easement is granted, as indicated in the Forms referred to in subsection 286(1).
(3
) No cross easements of support in respect of party wall may be granted by adjacent proprietors except in respect of a wall which stands on their common boundary and is certified by the
Director of Survey and Mapping to do so.
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Form, and effect, of grants
Section 286
The grant of any easement under this Chapter shall be effected by an instrument in Form 17a...
(2
) Any such grant may, so far as the interest of the grantor permits, be either in perpetuity or for any term of years.
(3
) There shall be implied in every such grant the grant of all such ancillary rights as may be reasonably necessary for the full and effective enjoyment thereof.
(4
) Any such grant may contain an agreement between the proprietors of the dominant and servient lands binding either or both to pay for, or contribute towards, the cost of constructing, maintaining or repairing any way, wall, drain or other installation or work forming the subject matter of the easement.
(5
) Any such agreement, and any agreement in a grant for the making of periodic payments by way of consideration therefor, shall be binding on the proprietor by whom it is entered into in respect only of the period during which his proprietorship continues to subsist, and, in respect of any subsequent period, shall be binding on his successor in title for the time being.
Enjoyment of easements by lessees, tenants and chargees in possession
Section 287
The benefit of any easement granted under this Chapter shall be enjoyed not only by the pro...
(a)
any lessee or tenant thereof or, so far as the nature of the easement permits, of any part thereof, and
(b)
any chargee for the time being in occupation thereof or, so far as the nature of the easement permits, of any such part.
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(2
) Any lessee, tenant or chargee entitled to the benefit of any easement by virtue of this section may take in his own name any proceedings necessary for its enforcement.
Special provisions as to easements of way 288.
Where any easement of way granted under this Chapter is described in the instrument of grant as a “right of footway” or
“right of carriageway”, it shall, subject to any provision therein to the contrary, be construed as authorizing any person for the time being entitled to the benefit thereof, or acting with the express or implied consent of any person or body so entitled, to pass and repass over the servient land at all times, and for all purposes connected with the dominant land—
(a)
in the former case, without animals or vehicles, and
(b)
in the latter case, with or without animals or vehicles.
Chapter
Chapter 2—Release, extinguishment and cancellation
Release of easement by dominant proprietor
Section 289
Subject to subsection (3), any easement granted under this Chapter may be released at any t...
(2
) Any such release shall be effected by an instrument in
Form 17c, and the easement shall cease to exist on the date on which the instrument is registered.
(3
) The consent of any lessee, tenant or chargee for the time being entitled to the benefit of any easement by virtue of section 287 shall be necessary for its release pursuant to this section, and any such consent shall be signified in the instrument of release, as indicated in Form 17c.
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Extinguishment of easements by unity of title and possession 290.
Any easement granted under this Chapter shall be extinguished by operation of law if at any time thereafter all of the following conditions are satisfied:
(a)
the dominant land and the servient land are vested in the same proprietor;
(b)
no lessee, tenant or chargee is, by virtue of section 287, entitled to the benefit thereof; and
(c)
the servient land or, as the case may be, that part thereof the enjoyment of which is affected by the easement is neither subject to any lease or tenancy nor occupied by any chargee.
Cancellation of easements by Registrar 291.
Section 315 shall have effect for the purpose of enabling the Registrar to cancel the registration of any easement on any of the following grounds:
(a)
that it has been extinguished as mentioned in section 290;
(b)
that the term for which it was granted has expired, or any event on the occurrence of which it was expressed to determine has taken place;
(c)
that it has been abandoned; or
(d)
that it is obsolete, or impedes the reasonable use of the servient land, and that its cancellation will not injure any person entitled to the benefit thereof.
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Provisions of the
National Land Code
Modification
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Provisions of the
National Land Code
Modification
Subsection 292(2)
In its application to the Federal Territory of Labuan, delete the words “either”, “or, as the case may be,
Land Office” and “or Land Office”.
National Land Code
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Part Eighteen—REGISTRATION OF DEALINGS
Chapter
Chapter 1—Presentation of instruments for registration
Instruments capable of being registered, and method of presentation therefor
Section 292
The following instruments may be registered under this
Part, and may be presented to the Registrar for that purpose in accordance with subsection (2):
(a)
any transfer under Part Fourteen of land, of an undivided share in land, or of any lease, sublease or charge;
(b)
any lease, sublease or surrender thereof under Part Fifteen;
(c)
any charge, discharge or instrument of postponement under Part Sixteen;
(d)
any certificate of sale under Part Sixteen; and
(e)
any instrument granting or releasing any easement under
Part Seventeen.
(2
) Any such instrument may be so presented either by lodging it at the Registry or, as the case may be, Land Office, or by despatching it to the Registrar by prepaid post; and the time of presentation shall, in the case of any instrument presented by post, be taken as the time at which it is withdrawn from its cover in the Registry or Land Office.
(3
) The Registrar shall note the time of presentation on any such instrument forthwith.
(4
) The death of any person by or on behalf of whom any instrument of dealing has been executed shall not affect the validity thereof, and any such instrument may, accordingly, be presented for registration under this Part as if the death had not occurred.
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Lodgement of instrument in electronic form 292a. (1) The Minister may, with the approval of the National
Land Council by order published in the Gazette of the
Federation, make such modification relating to any provision of this Act to facilitate lodgement of any such instrument in electronic form.
(2
) In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, and non-application of any provision.
Fees to accompany instruments so presented
Section 293
Every instrument presented for registration under this
Part shall be accompanied by—
(a)
the prescribed registration fee, and
(b)
if it is presented more than three months after the date thereof, a delayed registration fee calculated in accordance with subsection (2), and, subject to paragraph (3)(b), any instrument which is not so accompanied shall, instead of being entered in the Presentation
Book pursuant to section 295, be returned forthwith to the person or body by whom it was presented.
(2
) The amount of the delayed registration fee payable in respect of any instrument shall be the amount of the prescribed registration fee multiplied by the number of completed periods of three months which have elapsed since the date thereof:
Provided that the said fee shall not in any case exceed five times the amount of the prescribed registration fee.
(3
) The Registrar may, if he is satisfied that good grounds exist for the delayed presentation of any instrument, or that it would for any other reason be just to do so—
(a)
refund, in whole or in part, any delayed registration fee tendered to him pursuant to this section, or 303
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(b)
direct the entry of the instrument in the Presentation
Book notwithstanding that it is not accompanied by any such fee, or by the full amount thereof, and the giving of any direction under paragraph (b) shall constitute a waiver of the fee in question or, as the case may be, of the amount underpaid in respect thereof.
(4
) No fee paid pursuant to this section shall be refunded otherwise than in the circumstances specified in paragraph (3)(a);
and where any instrument which has been withdrawn under section 296, or rejected in accordance with the provisions of
Chapter
Chapter 2 or Part Nineteen, is again presented for registration, no credit shall be given f...
Chapter 2 or Part Nineteen, is again presented for registration, no credit shall be given for any fee or fees paid on its previous presentation.
Documents to accompany instruments so presented
Section 294
Every instrument presented for registration under this
Part—
(a)
shall consist of a single original duly stamped in accordance with the provisions of the Stamp Act 1949 [Act 378], and
(b)
where it is a lease, sublease or charge, shall, subject to subsection (4), be accompanied by a duplicate thereof, plainly marked as such, certified as a true copy of the original by one of the officers or other persons specified in the Fifth Schedule, and duly stamped in accordance with the said provisions.
(2
) Subject to subsection (4), every such instrument, in addition to being accompanied by any duplicate which may be required under paragraph (1)(b), shall be accompanied by such of the documents required in connection with its registration as are specified in the following paragraphs:
(a)
the document or documents on which, under section 306, a copy of the memorial of registration is required to be made;
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(b)
in the case of a surrender of any lease or sublease, or a discharge of any charge, the duplicate of that lease, sublease or charge; and
(c)
in the case of any certificate of sale given under subsection 259(3), the duplicate of the charge for the breach of which the sale was effected.
(3
) Subject to subsection (4)—
(a)
any instrument so presented which has been executed on behalf of any person or body under a power of attorney shall be accompanied by the supporting document or documents required by section 309; and
(b)
any instrument so presented which has been executed by a management corporation under the powers conferred under the Strata Titles Act 1985 shall be accompanied by the relevant document required under the appropriate provision of that Act.
(4
) The fact that any instrument is not accompanied by the documents required by this section shall not be a bar to its entry in the Presentation Book, but, as provided in Chapter 2, the instrument shall not be registered until the missing documents have been produced or, in the case of any of the documents specified in subsection (2), their production has been dispensed with.
Entry of instruments in Presentation Book
Section 295
The Registrar shall maintain a book, to be called the “Presentation Book”, in which, subjec...
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(2
) The Presentation Book shall constitute conclusive evidence as to the time of presentation of any instrument entered therein.
(3
) Any entry made in the Presentation Book pursuant to this section shall continue in force until the instrument to which it relates has been withdrawn under section 296, rejected in accordance with the provisions of Chapter 2 or Part Nineteen, or duly registered.
Withdrawal of instruments
Section 296
Any instrument presented for registration under this
Part may, at any time before its registration, be withdrawn by a notice served on the Registrar by the person or body by whom it was presented.
(2
) A note shall be made in the Presentation Book of the withdrawal of any instrument pursuant to this section.
Chapter
Chapter 2—Procedure generally
Registrar to determine fitness for registration, and register if fit and accompanied by nec...
Except in the case of any such instrument which is subsequently withdrawn under section 296, it shall be the duty of the Registrar to determine in accordance with the provisions of
Chapter
Chapter 3 the fitness for registration of every instrument entered in the Presentation Book...
Chapter 3 the fitness for registration of every instrument entered in the Presentation Book, and—
(a)
subject to Part Nineteen, if the instrument is fit for registration, and accompanied by the documents required by section 294, to register it in the manner provided in
Chapter
Chapter 4;
(b)
if the instrument is not fit, or is not accompanied by the necessary documents, to proceed in accordance with section 298 or 299, as appropriate.
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Rejection or suspension for unfitness, or absence of certain documents
Section 298
Where any instrument is not fit for registration, the
Registrar shall reject it forthwith unless the unfitness consists solely of some formal defect or clerical error.
(2
) Where any instrument—
(a)
is unfit for registration solely by reason of a formal defect or clerical error; or
(b)
being a lease, sublease or charge, is not accompanied by a duplicate thereof as required by paragraph 294(1)(b);
or
(c)
being an instrument to which paragraph (3)(a) or (b) of that section applies, is not accompanied by the document or documents required by that paragraph, the Registrar shall suspend the registration thereof for such period, not exceeding fourteen days, as he may consider necessary for enabling the defect or error to be rectified or, as the case may be, the document or documents in question to be produced, and, at the expiry of that period, shall register or reject the instrument as appropriate.
(3
) On suspending the registration of any instrument pursuant to subsection (2), the Registrar shall give notice thereof to the person or body by whom the instrument was presented, specifying therein the period of the suspension and the reasons therefor.
(4
) On rejecting any instrument pursuant to subsection (1) or (2), the Registrar shall mark it with the word “Rejected”, return it to the person or body by whom it was presented together with a note of the reasons therefor, and cause a note of the rejection to be made in the Presentation Book.
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Procedure in absence of other documents
Section 299
Where any instrument is fit for registration, but is not accompanied by any document requir...
(a)
if the document is produced, or he is satisfied that its production ought to be dispensed with, register the instrument;
(b)
in any other case, reject it.
(2
) The provisions of subsection 298(4) shall apply on the rejection of any instrument pursuant to this section as they apply in cases of rejection under that section.
Instruments to be dealt with in order of presentation
Section 300
The Registrar shall not register, reject or suspend any instrument until—
(a)
every instrument presented prior thereto, and affecting the same land or interest, has been either registered, rejected or withdrawn; and
(b)
he has given effect to, or rejected, any prior application under Chapter 7 for the endorsement on the same register document of title of any tenancy exempt from registration.
(2
) Where, by virtue of subsection 292(2), two or more instruments affecting the same land or interest are to be taken as having been presented at the same moment of time, they shall be treated for the purposes of this section as having been presented in such order as the Registrar may determine, being the order which, in his opinion, will best give effect to the intention of the parties.
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Chapter
Chapter 3—Determination of fitness for registration
When an instrument is fit for registration 301.
An instrument shall be fit for registration under this Part if, but only if, the following conditions are satisfied:
(a)
that it is one of the classes of instrument set out in subsection 292(1) as authorized to be so registered;
(b)
that it complies with—
(i)
the provisions of Part Thirteen as to the form, content, execution and attestation of instruments of dealing generally, and the persons and bodies capable of taking thereunder, and
(ii)
the provisions of Parts Fourteen to Seventeen with respect to instruments of the particular class in question;
(c)
that the dealing which it effects is not contrary to any prohibition or limitation imposed by this Act or any other written law for the time being in force, or to any restriction in interest to which the land in question is for the time being subject;
(d)
that it does not declare or, except as permitted by section 344, disclose the existence of any trust; and
(e)
that it is duly stamped in accordance with the provisions of the Stamp Act 1949:
Provided that where a certificate of sale has been given to a purchaser in respect of any charged land or lease under subsection 259(3) or 265(4), any requirement to obtain the consent of the State Authority relating to the restriction in interest to such land or lease in question shall not be applicable.
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Provisions of the
National Land Code
Modification
Section 301
In its application to the Federal Territory of Labuan—
(1
) in the proviso, delete the words “or 265(4)”;
(2
) insert after the proviso, the following further proviso:
“Provided further that any instrument executed and fit for registration under any previous land law prior to the commencement of the extended Code, shall be deemed fit for registration under the National Land Code.”.
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Rents to be paid before presentation 301a. Any instrument which has been entered in the Presentation
Book pursuant to section 295 shall not be registered if any rent due in respect of the land and, where applicable, any levy payable under subsection 433b(2) have not been paid at the time of presentation.
Enquiries, etc., by Registrar
Section 302
Subject to subsection (2), the Registrar may make such enquiries, and require the productio...
(2
) The powers conferred by this section shall be exercisable subject to the limitations imposed by section 303 and, in the case of any instrument executed under a power of attorney, paragraph 311(b).
Limitations on Registrar’s powers 303.
The powers of the Registrar under section 302 shall be subject to the following limitations:
(a)
he shall not be concerned to enquire whether any transfer of a lease, or grant or transfer of a sublease, constitutes a breach of any agreement against assignment or subletting;
(b)
in the case of any lease, sublease or surrender granted or accepted under section 275 by a chargee in possession of any land, he shall not be concerned to enquire whether the chargee was rightfully in possession;
(c)
he shall not enquire into the validity of any certificate of sale issued by an officer of the Court under subsection 259(3); and 310
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(d)
in the case of any dealing effected by a person or body who is registered as trustee or representative, or by the
Director General of Insolvency in his capacity as such, he shall not be concerned to enquire whether the dealing is consistent with the trusts by which the land or interest in question is affected or contrary to any prohibition or limitation in the instrument creating the trusts.
Chapter
Chapter 4—Manner of registration
How instruments to be registered, and time from which registration effective
Section 304
The registration of any instrument under this Part shall be effected by the Registrar in ac...
(2
) The Registrar shall register any instrument by—
(a)
making on the register document of title to the land to which, or a share or interest in which, it relates a memorial under his hand and seal in the terms set out in subsection (3); and
(b)
on the instrument itself, completing under his hand and seal that part of the Heading included therein pursuant to subsection 207(2) which is shown as reserved for
Registry use.
(3
) The memorial required by paragraph (2)(a) shall consist of a short description of the nature and effect of the instrument
(naming the parties thereto), together with a statement of its number in the Presentation Book, the reference under which it is to be filed, and the time and date from which the registration is effective.
(4
) Every memorial of registration made pursuant to this section shall be conclusive evidence of the registration to which it refers and the effective time and date thereof.
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(5
) The reference in paragraph (2)(a) to the land to which any instrument relates shall, in the case of an instrument granting or releasing any easement, be construed as a reference to both the dominant land and the servient land.
(6
) Where, on the registration of any instrument transferring a lease, or granting or transferring a sublease, evidence is furnished to him that the lessor or, as the case may be, sublessor has consented thereto, the Registrar may include a statement to that effect in the memorial of registration.
Other action by Registrar in connection with registration
Section 305
Subject to subsection (3), the Registrar shall, on completing the registration of any instr...
(a)
file the instrument;
(b)
make a copy of the memorial of registration on the document or documents specified in section 306 in relation to instruments of the class in question;
(c)
cancel—
(i)
any memorial relating to a dealing which, by virtue of the registration, has ceased to be effective;
and
(ii)
if he is able to secure its production, any copy of the memorial on the document or documents referred to in paragraph (b);
(ca)
record the total amount of undivided shares of a co-proprietor;
(d)
if the instrument is one to which the provisions of section 307 apply, make any additional endorsements or other entries required by those provisions; and 312
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(e)
return to the person or body from whom it was obtained every issue document of title and duplicate lease, sublease or charge presented or produced in connection with the registration.
(2
) The Registrar shall sign and seal every copy memorial and endorsement made by him pursuant to paragraph (1)(b) or (d).
(2a
) For the purposes of paragraph (1)(e), the Registrar shall inform the person or body from whom the document was obtained to collect the document.
(2b
) Where any document of title and duplicate lease, sublease or charge presented or produced in connection with the registration is not collected by the person or body from whom it was obtained upon being informed under subsection (2a) within the prescribed time, the release of such document thereafter shall be upon payment of such fees, as may be prescribed.
(2c
) For the purposes of paragraph (1)(d), such action in respect of land held under land office title registered by virtue of paragraph 166(1)(j) or section 187aa and the documents of which were kept by the former district shall be made by the Registrar in respect of the former district.
(2d
) For the purposes of subsection (2c), “former district”
refers to the district where the documents were first registered.
(3
) Where, under section 299, the Registrar has dispensed with the production of any document with respect to which any action is required to be taken by subsection (1), he may take that action at any subsequent time when the document in question may come into his hands.
Documents on which copy memorials to be made pursuant to section 305 306.
The document or documents on which a copy of any memorial of registration is to be made pursuant to paragraph 305(1)(b)
shall be as follows:
(a)
in the case of—
(i)
a transfer of any land or undivided share therein;
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(ii)
any lease or surrender of a lease;
(iii)
any charge of land or discharge of such a charge;
and
(iv)
a certificate of sale of any land, the issue document of title to the land in question;
(b)
in the case of a grant or release of any easement, the issue documents of title to both the dominant land and the servient land;
(c)
in the case of any of the following dealings, the appropriate duplicate instrument or instruments, that is to say:
(i)
in the case of a transfer or charge of any lease, a discharge of such a charge, or a certificate of sale of any lease, the duplicate lease;
(ii)
in the case of any sublease or surrender thereof, the duplicate of the superior lease or sublease;
(iii)
in the case of a transfer or charge of any sublease, a discharge of such a charge, or a certificate of sale of any sublease, the duplicate sublease; and
(iv)
in the case of a transfer of any charge, or its postponement to any other charge, the duplicate charge or, as the case may be, charges; and
(d)
in the case of a charge of an undivided share in land effected by virtue of subsection 343(6), or a discharge of such charge, the copy of the issue document of title issued to the co-proprietor under subsection 343(3)
(in addition to the issue document of title to the land in question under paragraph (a)).
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Additional endorsements to be made pursuant to section 305
Section 307
The additional endorsements and other entries referred to in paragraph 305(1)(d) are those...
(2
) In the case of any lease, sublease or charge, the Registrar shall complete the duplicate thereof in the like manner as that required in respect of the original by paragraph 304(2)(b).
(3
) In the case of a surrender of any lease or sublease, the
Registrar shall—
(a)
endorse the original lease or sublease and its duplicate with the word “Cancelled”, together with a note of the reference under which the instrument of surrender is filed; and
(b)
where the interest surrendered was itself subject to a sublease, endorse a reference to the sublease against the copy of the memorial of surrender, together with a statement to the effect that the sublease is preserved by virtue of subsection 239(5).
(4
) In the case of a discharge of any charge, the Registrar shall endorse the original charge and its duplicate with a statement that the land or interest to which the charge relates has been discharged, together with a note of the reference under which the instrument of discharge is filed.
(5
) In the case of a certificate of sale, the Registrar shall endorse the original and duplicate of the charge for the breach of which the sale was effected with a statement that the land or interest to which the charge relates has been discharged, together with a note of the reference under which the certificate of sale is filed.
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Additional procedure where sale by chargee extinguishes subsequent charges 308.
Where, by virtue of subsection 267(1), the effect of registering any certificate of sale is to extinguish not only the charge for breach of which the sale was effected but also one or more charges subsequent thereto, the Registrar shall, in the case of each such subsequent charge (and in addition to cancelling the memorial and copy memorial thereof, as required by paragraph 305(1)(c))
endorse the original and, if able to secure its production, the duplicate thereof in the like manner as that provided by subsection 307(5) with respect to the original and duplicate of the first-mentioned charge.
Chapter
Chapter 5—Powers of Attorney
Documents to accompany instruments executed under power of attorney
Section 309
Where any instrument presented for registration under this Part has been executed on behalf...
(a)
an office copy thereof within the meaning of section 10
of the Powers of Attorney Act 1949, or, in the case of a power to which subsection 4(4) of that Act applies, the original thereof; and
(b)
subject to subsection (2), a copy thereof for retention by the Registrar.
(2
) Where a copy of any power of attorney has once been delivered to the Registrar pursuant to paragraph (1)(b), and filed by him in accordance with section 310, it shall not be necessary to send a further copy under that paragraph with any instrument subsequently executed under the same power.
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Provisions of the
National Land Code
Modification
Subsection 309(1)
In its application to the Federal Territory of Labuan, substitute for paragraph (a) the following paragraph:
“(a) an office copy of the power of attorney under subsection 83(4) of the Stamp
Ordinance [Cap. 137], or an original copy of power of attorney attested by one of the following persons:
(i)
Magistrate;
(ii)
Justice of the Peace;
(iii)
Notary Public;
(iv)
Commissioner for Oaths;
(v)
Advocates; or
(vi)
Registrar; and”.
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(3
) The references in subsection (2) to paragraph (1)(b), and section 310, shall be construed as including references to the corresponding provisions of any previous land law.
Procedure in respect of instruments so executed
Section 310
Where, pursuant to paragraph 309(1)(b), any instrument to which that section applies is acc...
(a)
compare that copy with the office copy or, as the case may be, original power of attorney sent pursuant to paragraph (a) of that subsection, and
(b)
on registering the instrument—
(i)
file the compared copy;
(ii)
note the existence of the compared copy, and the reference under which it is filed, both on the instrument and on the office copy or original power of attorney; and
(iii)
return the office copy or original power of attorney to the person or body by whom it was sent.
(2
) Where, in the case of any instrument to which section 309
applies, a copy of any power of attorney has, as mentioned in subsection (2) of that section, been filed by him on some previous occasion, the Registrar shall—
(a)
on registering the instrument, note thereon the existence of that copy, and the reference under which it is filed;
and
(b)
in any case where the instrument was accompanied by an office copy not previously submitted to him, make a like note thereon before returning it to the sender.
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Enquiries, etc., by Registrar 311.
In determining the fitness for registration of any instrument to which section 309 applies, the Registrar—
(a)
may, without prejudice to the generality of his powers under section 302, require from the attorney or his principal a statutory declaration, or other evidence upon oath or affirmation, that the power of attorney was, at the material time, still in force; but
(b)
shall not, in the exercise of those powers, require proof of the due execution of any power of attorney where the document delivered to him pursuant to paragraph 309(1)(a) was an office copy thereof.
Chapter
Chapter 6—Cancellation of registration
Summary of Registrar’s powers of cancellation
Section 312
The powers of cancellation conferred on the Registrar by this Chapter shall be in addition...
(2
) The registration of instruments of dealing may also be cancelled by the Registrar pursuant to his powers under section 381 with respect to obsolete entries generally, but only in cases not provided for by this Chapter or the said paragraph (c).
Cancellation of leases and subleases on determination otherwise than by surrender
Section 313
The Registrar may cancel in accordance with the following provisions of this section the me...
(a)
the expiry of the term thereof;
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(b)
the giving of notice thereunder;
(c)
the happening of any other event upon which it is expressed to determine; or
(d)
its forfeiture pursuant to Chapter 3 of Part Fifteen.
(2
) The Registrar may, in a case falling within paragraph (1)(a), cancel the memorial of his own motion, but shall not in any other case exercise his powers under this section except upon an application in that behalf by the proprietor of the land formerly affected by the lease or, as the case may be, the person or body for the time being entitled to the interest out of which the sublease was granted.
(3
) Any application under this section—
(a)
shall be in Form 18a;
(b)
shall be accompanied by the document containing the copy of the memorial of registration or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall be supported, except in a case falling within paragraph (1)(a), by such evidence of the determination as the Registrar may require.
(4
) On cancelling any memorial of registration pursuant to this section, the Registrar shall—
(a)
endorse against it a note of the date of the cancellation and the reason therefor; and
(b)
cancel also, and endorse a like note on, the original lease or sublease.
(5
) The Registrar shall also, wherever possible, cancel, and make the like endorsements with respect to, the copy memorial of registration and the duplicate lease or sublease, and shall 319
National Land Code 471
accordingly, as soon as may be after complying with subsection (4), take such action as may be appropriate for securing the production of the said duplicate and, if not already in his hands, the document containing the said copy memorial.
(6
) Every endorsement made under subsection (4) or (5) shall be signed and sealed.
Cancellation of charges discharged by payment
Section 314
The Registrar—
(a)
shall cancel in accordance with the following provisions of this section the memorial of registration of any charge which has been discharged by payment to him under section 279; and
(b)
may, on the application of any proprietor, lessee or sublessee, cancel in accordance with those provisions the memorial of registration of any charge alleged therein to have been discharged by payment to the chargee.
(2
) Any application under paragraph (1)(b)—
(a)
shall be in Form 18b;
(b)
shall be accompanied by the document containing the copy of the memorial or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall either be accompanied by a certificate of payment in Form 18c or be supported by such evidence as the
Registrar may require to satisfy himself that all sums secured by the charge have been duly paid.
(3
) On cancelling any memorial of registration pursuant to this section, the Registrar shall endorse against it, and on the original charge, a statement that the land or interest to which the charge relates has been discharged by payment.
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(4
) The Registrar shall also, wherever possible, cancel the copy memorial of registration, and make the like endorsements against it and on the duplicate charge, and shall accordingly, as soon as may be after complying with subsection (3), take such action as may be appropriate for securing the production of the said duplicate and, if not already in his hands, the document containing the said copy memorial.
(5
) The cancelling of any memorial pursuant to this section shall not affect any personal liability of the chargor under the charge in question.
(6
) All endorsements made under this section shall be signed, sealed and dated.
Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.
Section 315
The Registrar may, in accordance with the following provisions of this section, cancel the...
(a)
that it has been extinguished by merger of the dominant and servient lands, as mentioned in section 290;
(b)
that any term for which it was granted has expired;
(c)
that any event upon which it was expressed to determine has occurred;
(d)
that it has been abandoned;
(e)
that it is obsolete, or impedes the reasonable use of the servient land, and that its cancellation will not injure any person entitled to the benefit thereof.
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(2
) The Registrar may, in a case falling within paragraph (1)(a)
or (b), cancel the memorials of his own motion, but shall not in any other case exercise his powers under this section except upon an application by the proprietor of the servient land.
(3
) Any application under this section—
(a)
shall be in Form 18d;
(b)
shall be accompanied by the issue document of title to the servient land or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall be supported, except in a case falling within paragraph (1)(b), by such evidence as the Registrar may require of the grounds for cancellation alleged therein.
(4
) Where the grounds alleged in any such application are those specified in paragraph (1)(d) or (e), the Registrar shall give notice of the application to the proprietor of the dominant land; and if, within the period of one month beginning with the date on which the notice is served on him, the proprietor of the dominant land objects to the cancellation, the Registrar shall not effect any cancellation until he has held an enquiry under
Chapter
Chapter 4 of Part Two.
(5
) On cancelling any memorials of registration pursuant to this section, the Registrar shall—
(a)
endorse against them a note of the date of the cancellation and the reason therefor; and
(b)
cancel also, and endorse a like note on, the instrument by which the easement was granted.
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(6
) The Registrar shall also, wherever possible, cancel, and make the like endorsements against, the copy memorials of registration, and shall accordingly, as soon as may be after complying with subsection (5), take such action as may be appropriate for securing the production of the issue document of title to the dominant land and, if not already in his hands, the issue document of title to the servient land.
(7
) Every endorsement made under subsection (5) or (6) shall be signed and sealed.
Chapter
Chapter 7—Endorsement of exempt tenancies
Applications for endorsement
Section 316
Any person or body claiming to be entitled to the benefit of a tenancy exempt from registra...
(2
) Any such application—
(a)
where the tenancy claimed relates to a part only of the land comprised in the title in question, shall be accompanied by a plan and description sufficient to enable the part to be accurately identified;
(b)
where, by virtue of section 226, the grant of the tenancy required the consent in writing of any chargee, shall be accompanied by that consent.
(3
) Where any such application is made to the Registrar by post, it shall be treated for the purposes of this Act as having been received by him at the time at which it is withdrawn from its cover in the Registry or, as the case may be,
Land Office.
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Provisions of the
National Land Code
Modification
Subsection 316(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Laws of Malaysia 476
Act 828
Procedure on application
Section 317
On receiving any application under section 316, the
Registrar shall—
(a)
note thereon the time at which it was received;
(b)
make a note of the application, and the time of its receipt, in the Presentation Book; and
(c)
subject to subsections (2) and (3) and Part Nineteen, give effect thereto by endorsing the register document of title with the words “Exempt tenancy claimed”, together with a statement of the time from which the endorsement is effective (being the time of receipt of the application, as noted in the Presentation Book)
and of the reference under which the application is to be filed.
(2
) The Registrar shall not deal with any such application until he has finally disposed of every instrument of dealing or like application presented or received prior thereto and relating to the same register document of title.
(3
) The Registrar shall reject to any such application if—
(a)
by virtue of subsection 213(3) or 267(2) (including the said subsection (2) as applied by subsection 281(3))
the tenancy claimed has already been defeated by the registration of a transfer of, or certificate of sale relating to, the reversion expectant thereon; or
(b)
the applicant is unable to produce any chargee’s consent necessary as mentioned in paragraph 316(2)(b).
(4
) On rejecting any such application, the Registrar shall return it to the applicant and note the rejection in the Presentation
Book.
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(5
) The Registrar shall not, except as provided by subsection (3), be concerned to enquire into the validity of any claim to the benefit of a tenancy exempt from registration, and the endorsement of any such claim pursuant to this section shall not be taken as confirming its validity in any respect.
(6
) Every endorsement made under paragraph (1)(c) shall be signed and sealed.
Cancellation of endorsement
Section 318
The Registrar shall cancel any endorsement made pursuant to section 317 if—
(a)
ordered to do so by the Court, or
(b)
satisfied that the tenancy to which it relates has determined.
(2
) The Registrar may, in the case of any tenancy which has determined by passage of time, cancel the endorsement of his own motion, but shall not do so in any other case except upon an application in that behalf by the proprietor of the land formerly affected by the tenancy or, as the case may be, the person or body for the time being entitled to the interest out of which the tenancy was granted.
(3
) On cancelling an endorsement in pursuance of this section, the Registrar shall endorse against the cancelled endorsement a note of the date of cancellation and the reason therefor.
(4
) Every endorsement made under subsection (3) shall be signed and sealed.
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Part Nineteen—RESTRAINTS ON DEALING
Chapter
Chapter 1—Caveats
REGISTRAR’S CAVEATS
Nature and effect of Registrar’s caveats
Section 319
A caveat under this section shall be known as a
“Registrar’s caveat”, and—
(a)
may be entered by the Registrar on the register document of title to any land in any of the circumstances specified in section 320;
(b)
subject to subsection (3), shall, so long as it continues in force, have the effect of prohibiting the registration, endorsement or entry on that document of—
(i)
any instrument of dealing;
(ii)
any claim to the benefit of a tenancy exempt from registration; and
(iii)
any lienholder’s caveat.
(2
) The prohibition imposed by a Registrar’s caveat shall apply to any such instrument notwithstanding that it was presented for registration before the caveat was entered, and to any such claim or lienholder’s caveat notwithstanding that the application for its endorsement or entry was received before that time.
(3
) The Registrar may waive the said prohibition in any case where he is satisfied that to do so would not be inconsistent with the purpose for which the caveat was entered, but, in any other case, shall reject the instrument or, as the case may be, the application for endorsement or entry.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 480
Act 828
Provisions of the
National Land Code
Modification
Section 320
In its application to the Federal Territory of Labuan, references to the “State Authority” wherever they appear shall be construed as references to the
“Sabah State Authority”.
Subparagraph 320(1)(b)(i)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Selangor
State Authority”.
In its application to the Federal Territory of
Putrajaya, reference to the “State Authority” shall be construed as reference to the “Selangor State
Authority”.
National Land Code
National Land Code 481
(4
) On rejecting any instrument or application for endorsement pursuant to this section, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.
Circumstances in which Registrar’s caveats may be entered
Section 320
Subject to subsection (2), a Registrar’s caveat may be entered in respect of any land where...
Registrar to be necessary or desirable—
(a)
for the prevention of fraud or improper dealing; or
(b)
for protecting the interests of—
(i)
the Federation or the State Authority, or
(ii)
any person who is in his opinion under the disability of minority, mental disorder or unsoundness of mind, or is shown to his satisfaction to be absent from the Federation; or
(ba)
for securing that the land will be available to satisfy the whole or part of any debt due to the Federation or the State Authority, whether such debt is secured or unsecured and whether or not judgment thereon has been obtained; or
(c)
by reason of some error appearing to him to have been made in the register or issue document of title to the land or any other instrument relating thereto.
(2
) Knowledge by the Registrar of the fact that any land or interest therein has been acquired, or is to be held, by any person or body in a fiduciary capacity shall not of itself constitute a ground for entering a Registrar’s caveat in respect of that land.
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Procedure with respect to Registrar’s caveats and duration thereof
Section 321
A Registrar’s caveat shall be in Form 19f and the entry of a Registrar’s caveat on any docu...
(2
) As soon as may be after the entry of any such caveat, the
Registrar shall serve upon the proprietor of the land and any person or body having a registered interest in the land thereby affected a notification in Form 19a.
(3
) A Registrar’s caveat shall continue in force until it is cancelled by the Registrar—
(a)
of his own motion; or
(b)
on an application in that behalf by the proprietor of the land affected; or
(c)
pursuant to any order of the Court made on an appeal under section 418 against his decision to enter the caveat, or his refusal of any application for its cancellation under paragraph (b).
(4
) Where the Registrar effects a cancellation under subsection (3), the Registrar—
(a)
if he is acting under paragraph (a) of that subsection, shall notify the proprietor of the land and any person or body having a registered interest in the land affected;
and
(b)
in all cases, shall make a note under his hand and seal of the date of the cancellation.
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Private Caveats
Nature and effect of private caveats
Section 322
A caveat under this section shall be known as a “private caveat”, and—
(a)
may be entered by the Registrar on the register document of title to any land at the instance of any of the persons or bodies specified in section 323;
(b)
shall have the effect specified in subsection (2) or (3), according as it is expressed to bind the land itself or an undivided share in the land or merely a particular interest therein.
(2
) The effect of any private caveat expressed to bind the land itself or an undivided share in the land shall, subject to subsections (4) and (5), be to prohibit so long as it continues in force the registration, endorsement or entry on the register document of title thereto of—
(a)
any instrument of dealing executed by or on behalf of the proprietor thereof, and any certificate of sale relating thereto;
(b)
any claim to the benefit of any tenancy exempt from registration granted by the said proprietor; and
(c)
any lienholder’s caveat in respect thereof:
Provided that where the claim is in respect of a part of the land, the caveat binds the whole land and where the claim is in respect of an undivided share in the land, the caveat binds the whole of the undivided share in the land.
(3
) The effect of any private caveat expressed to bind a particular interest only shall, subject to subsections (4) and (5), be to prohibit the registration, endorsement or entry on the register document of title of—
(a)
any instrument of dealing directly affecting that interest
(including any certificate of sale relating thereto); and 329
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(b)
where that interest is a lease or sublease—
(i)
any claim to the benefit of any tenancy exempt from registration granted directly thereout, and
(ii)
any lienholder’s caveat in respect thereof.
(4
) A private caveat shall not prohibit the registration, endorsement or entry of any instrument, claim or lienholder’s caveat where the instrument was presented, or the application for endorsement or entry received, prior to the time from which the private caveat takes effect.
(5
) A private caveat shall not prohibit the registration or endorsement of any instrument or claim where—
(a)
the instrument was presented or the application for endorsement made by the person or body at whose instance the caveat was entered; or
(b)
the said instrument or application was accompanied by the consent in writing of that person or body to its registration or, as the case may be, to the making of the endorsement.
(5a
) No consent of the person or body at whose instance a private caveat has been entered on a part of the land, an undivided share in the land or a particular interest therein is necessary to effect any registration, endorsement or entry of any instrument on the register document of title not affecting the claim relating to that part of the land, undivided share in the land or interest therein.
(6
) Where the registration of any instrument, or the endorsement or entry of any claim or lienholder’s caveat is prohibited by any private caveat, the Registrar shall reject the instrument or, as the case may be, application for endorsement or entry.
(7
) On rejecting any instrument or application for endorsement pursuant to this section, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.
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Applications for entry of private caveats
Section 323
The persons and bodies at whose instance a private caveat may be entered are—
(a)
any person or body claiming title to, or any registrable interest in, any alienated land or undivided share in any alienated land or any right to such title or interest;
(b)
any person or body claiming to be beneficially entitled under any trust affecting any such land or interest; and
(c)
the guardian or next friend of any minor claiming to be entitled as mentioned in paragraph (b).
(2
) Any such person or body wishing to apply for the entry of such a caveat shall do so in Form 19b and such application shall be attested in accordance with section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall state therein the nature of the claim on which his application is based, and whether the caveat is to be expressed to bind the land itself or an undivided share in the land or a particular interest only, and the last known address of the proprietor if the caveat is to be expressed to bind the land itself or an undivided share in the land.
(3
) Any application under this section shall be accompanied by—
(a)
the prescribed fee;
(b)
the grounds giving rise to the claim thereto, verified by a statutory declaration by the applicant or his advocate and solicitor; and
(c)
if relating to a part of the land, a description or a plan of the land affected, and if relating to an undivided share in the land or a part thereof, a description, which is sufficient for identification.
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Procedure on applications
Section 324
The Registrar shall note on any application under section 323
the time at which it was received (being, in the case of any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, subject to subsection 329(2), shall as soon as may be thereafter (and without being concerned to enquire into the validity of the claim on which it is based) give effect thereto by entering the caveat applied for in the manner provided by subsection (2).
(2
) The entry of any private caveat shall be effected by the endorsement on the register document of title, under the hand and seal of the Registrar, of the words “Private Caveat”, together with a statement specifying—
(a)
whether the caveat binds the land itself or an undivided share in the land or a particular interest therein only;
(b)
the person or body on whose application it was entered;
(c)
the time from which it is effective (being the time of receipt of the application, as noted thereon pursuant to subsection (1)); and
(d)
the reference under which the application is filed.
(3
) As soon as may be after the entry of any such caveat, the Registrar shall serve a notification in Form 19a upon the proprietor of the land or an undivided share in the land bound thereby or, in the case of a caveat binding a particular interest only, upon the person or body in whom that interest is for the time being vested.
(4
) Notwithstanding subsection 431(1), it is sufficient for the notification to be served by ordinary post and shall be deemed to have been effected at the time at which the notification would be delivered in the ordinary course of post.
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National Land Code 487
Provisions of the
National Land Code
Modification
Subsection 324(1)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Laws of Malaysia 488
Act 828
Withdrawal of private caveats
Section 325
A private caveat may be withdrawn at any time by a notice in Form 19g, duly attested in acc...
notwithstanding that section 211 dealt with dealings in alienated land, accompanied by the prescribed fee and presented to the
Registrar by the person or body at whose instance it was entered, or by the personal representatives of any such person.
(2
) On receiving any notice of withdrawal under this section, the Registrar shall—
(a)
cancel the entry of the caveat on the register document of title, noting thereon the reason for the cancellation and the date thereof; and
(b)
give notice of the withdrawal to the person or body in whom the land or an undivided share in the land or interest formerly bound by the caveat is for the time being vested.
(3
) Every cancellation under paragraph (2)(a) shall be signed and sealed.
Removal of private caveats by Registrar
Section 326
Any person or body whose land or interest is bound by a private caveat may at any time appl...
(1a
) On receiving any application for removal under this section, the Registrar shall—
(a)
serve upon the person or body at whose instance the caveat was entered a notice of intended removal in
Form 19c; and
(b)
make an endorsement on the register document of title that the notice in Form 19c has been served on the person or body at whose instance the caveat was entered and of the date of such service, and shall sign and seal the endorsement.
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(1aa)
Notwithstanding section 431, the service of notice in
Form 19c may be effected by facsimile transmission to the person or body at whose instance the caveat was entered and it shall be deemed to have been duly served where there is a return acknowledgment by electronic or other means to the effect that the notice has been received by such person or body.
(1b
) In the case in which a notice of intended removal in Form 19c has been served under subsection (1a), the caveat shall lapse and be of no effect at the expiry of two months specified in the notice unless before the expiry of that period the Registrar shall have been served with an order of the Court extending the time provided in the said notice.
(2
) The Court may, on the application of any person or body on whom such a notice has been served under subsection (1a) (and acting, if the circumstances so require, ex parte), from time to time extend the said period of two months; and the Registrar, on being duly served with an order of the Court under this subsection, shall make an endorsement on the register document of title of the date of service on him of the order and of the period of the extension, and shall sign and seal the endorsement.
(3
) The Registrar shall remove any caveat pursuant to this section by cancelling the entry thereof on the register document of title, and noting thereon the reason for the cancellation and the date thereof.
(4
) Every cancellation under subsection (3) shall be signed and sealed.
Removal of private caveats by the Court
Section 327
Any person or body aggrieved by the existence of a private caveat may at any time apply to...
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(2
) The Registrar shall, on being duly served with any order under this section for the removal of a caveat, cancel the entry thereof on the register document of title, and note thereon the reason for the cancellation and the date thereof.
(3
) Every cancellation under subsection (2) shall be signed and sealed.
Lapse of private caveats
Section 328
A private caveat shall, if not sooner withdrawn under section 325 or lapsing pursuant to su...
(2
) Every cancellation under subsection (1) shall be signed and sealed.
Compensation for wrongful caveats, and limitation on repeated applications
Section 329
Any person or body who, wrongfully or without reasonable cause, secures the entry of, or fa...
(2
) Where the Court has ordered the removal of any private caveat under section 327, or has refused an application under subsection 326(2) for an extension of time with respect to any such caveat, or where the Registrar has removed any caveat pursuant to subsection 326(3), the Registrar shall not entertain any application for the entry of a further caveat in respect of the land or interest in question it is based on the like claim as that on which the former one was based.
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National Land Code 491
Provisions of the
National Land Code
Modification
Subsection 328(1)
In its application to the Federal Territory of Labuan, at the end of the subsection (1)—
(a)
substitute for the full stop a colon; and
(b)
insert the following proviso:
“Provided that any caveat other than caveat by Collector entered into under any previous land law shall be deemed to be a private caveat and will lapse in accordance with the said law.”.
Laws of Malaysia 492
Act 828
Lienholders’ Caveats
Creation and effect of lienholders’ caveats
Section 330
Any person or body with whom the issue document of title to any land, or any duplicate leas...
(2
) Any such application shall be in Form 19d, duly attested in accordance with the provisions of section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall be accompanied by the prescribed fee, and the issue document of title or, as the case may be, duplicate lease.
(3
) The Registrar shall note on any such application the time at which it was received (being, in the case of any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, unless he is prohibited from doing so by any Registrar’s caveat, private caveat, trust caveat or prohibitory order, shall as soon as may be thereafter—
(a)
enter the caveat applied for on the register document of title to the land in respect of which, or a lease of which, it is to have effect; and
(b)
serve a notification in Form 19a on the proprietor of that land or, as the case may be, the person or body for the time being entitled to the benefit of the lease in question.
(4
) The entry of a lienholder’s caveat on any register document shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words “Caveat (Lien)”, together with a statement specifying—
(a)
whether the caveat binds the land itself, or a lease thereof only;
(b)
the person or body on whose application it was entered;
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Provisions of the
National Land Code
Modification
Subsection 330(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Laws of Malaysia 494
Act 828
(c)
the time from which it is effective (being the time of receipt of the application, as noted thereon pursuant to subsection (3)); and
(d)
the reference under which the application is filed.
(5
) A lienholder’s caveat shall, so long as it continues in force, have the like effect as that specified in subsection 322(2) to (5)
in relation to private caveats, but as if the references in the said subsection (5) to the person or body at whose instance the caveat was entered were references to the person body for the time being entitled to the benefit of the lien; and subsections 322(6) and (7)
shall also apply in relation to lienholder’s caveats as they apply in relation to private ones.
Determination of lienholders’ caveats
Section 331
A lienholder’s caveat may be withdrawn at any time by a notice in writing given to the Regi...
(2
) Where any land or lease subject to a lienholder’s caveat is sold pursuant to an order of the Court made by virtue of subsection 281(2)—
(a)
any certificate of sale presented for registration by the purchaser thereof shall be deemed for the purposes of this Chapter to have been presented with the consent of the lienholder; and
(b)
upon the registration of the certificate, the caveat shall lapse, and the entry thereof be cancelled accordingly by the Registrar.
(3
) The Registrar may cancel any lienholder’s caveat upon proof to his satisfaction that all sums due under the lien have been duly paid.
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(4
) Where the Court is satisfied that any lienholder’s caveat ought not to have been entered, or ought to have been withdrawn, it may order—
(a)
the cancellation thereof by the Registrar; and
(b)
if the entry or failure to withdraw has caused damage or loss to any person or body, the payment of compensation by the person or body at whose instance the entry was made or, as the case may be, by whom the withdrawal ought to have been effected.
(5
) On cancelling the entry of any caveat pursuant to this section, the Registrar shall note on the register document of title the reason for the cancellation and the date thereof; and where any such entry is cancelled by reason of the withdrawal of the caveat, the Registrar shall give notice of the withdrawal to the person or body for the time being entitled to the land or lease formerly affected.
(6
) Every cancellation under subsection (5) shall be signed and sealed.
Trust Caveats
Nature and effect of trust caveats
Section 332
A caveat under this section shall be known as a
“trust caveat”, and may be entered by the Registrar in respect of any land or interest which (pursuant to section 344, or any corresponding provision of any previous land law) is expressed to be held by any persons or bodies as trustees.
(2
) The effect of any trust caveat shall be precisely stated therein, and may be to prohibit, either absolutely or except subject to conditions, the registration, endorsement or entry of all or any of the following:
(a)
any instrument of dealing, or class or description of instrument of dealing, directly affecting the trust property;
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(b)
any claim to the benefit of any tenancy exempt from registration granted directly thereout; and
(c)
any lienholder’s caveat in respect thereof:
Provided that no such caveat shall prohibit the registration of any instrument which was presented prior to the time from which it takes effect, or the endorsement or entry of any claim or lienholder’s caveat where the application for endorsement or entry was received prior to that time.
(3
) Where the registration of any instrument or the endorsement or entry of any claim or lienholder’s caveat is prohibited by any trust caveat, the Registrar shall reject the instrument or, as the case may be, the application for endorsement or entry.
(4
) On rejecting any instrument or application for endorsement, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.
Creation of trust caveats and duration thereof
Section 333
The Registrar may enter a trust caveat on the application of—
(a)
the trustees for the time being of any land or interest;
or
(b)
the person or body by whom any land or interest is first transferred to trustees; or
(c)
the person or body by whom any interest is created in favour of trustees:
Provided that no application made by virtue of paragraph (b)
or (c) shall be entertained unless it is presented to the Registrar with the instrument transferring or creating the land or interest in question.
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Provisions of the
National Land Code
Modification
Subsection 333(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Laws of Malaysia 498
Act 828
(2
) Any application for the entry of a trust caveat shall be in
Form 19e, duly attested in accordance with the provisions of section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall be accompanied by the prescribed fee.
(3
) The Registrar shall note on any such application the time at which it was received (being, in the case any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, subject to the proviso to subsection (1), shall, as soon as may be thereafter, enter the caveat applied for on the register document of title to the land in respect of which, or an interest in which, it is to have effect.
(4
) The entry of a trust caveat on any register document of title shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words “Caveat (Trust)”, together with a statement specifying—
(a)
whether the caveat is entered in respect of the land itself, or a particular interest only;
(b)
the precise effect thereof;
(c)
the time from which it is effective (being the time of receipt of the application for its entry, as noted on the application pursuant to subsection (3)); and
(d)
the reference under which the application is filed.
(5
) A trust caveat shall continue in force until cancelled by the Registrar on an application in that behalf by the trustees for the time being and all persons and bodies beneficially entitled under the trust.
(6
) On cancelling a trust caveat pursuant to subsection (5), the
Registrar shall endorse against the cancelled caveat a note of the date of cancellation.
(7
) Every endorsement under subsection (6) shall be signed and sealed.
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Chapter
Chapter 2—Prohibitory orders
Meaning of “prohibitory order”
Section 334
In this Chapter, “prohibitory order” means, where land or an interest in land held by a jud...
Prohibitory orders ineffective until entered by Registrar
Section 335
No prohibitory order shall take effect until it has been entered by the Registrar, in accor...
Provided that this section shall not apply to any such order which has been registered before the commencement of this Act under the provisions of any previous land law.
(2
) When a copy of a prohibitory order is presented to the
Registrar for registration, it shall be the duty of the Registrar to enter the order forthwith by endorsing on the said register document of title, under his hand and seal, the words “Prohibitory Order”, together with a statement specifying—
(a)
whether the order relates to the land itself or merely a particular interest therein;
(b)
the time at which the entry was made; and
(c)
the reference under which the copy of the order is filed.
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Effect of prohibitory orders
Section 336
The effect of any prohibitory order duly entered on any register document of title and expr...
(a)
any instrument of dealing executed by or on behalf of the proprietor thereof (but not any certificate of sale relating thereto);
(b)
any claim to the benefit of any tenancy exempt from registration granted by the said proprietor; and
(c)
any lienholder’s caveat in respect thereof.
(2
) The effect of any such order duly entered as aforesaid and expressed to relate to a particular interest only shall, subject to subsection (3) and to subsection 337(2), be to prohibit so long as it continues in force the registration, endorsement or entry on the register document of—
(a)
any instrument of dealing, other than a certificate of sale, directly affecting that interest; and
(b)
where that interest is a lease or sublease—
(i)
any claim to the benefit of any tenancy exempt from registration granted directly thereout, and
(ii)
any lienholder’s caveat in respect thereof.
(3
) A prohibitory order shall not prohibit the registration, endorsement or entry of any instrument, claim or lienholder’s caveat where the instrument was presented, or the application for endorsement or entry received, prior to the time from which the order takes effect.
(4
) Where the registration of any instrument, or the endorsement or entry of any claim or lienholder’s caveat, is prohibited by any prohibitory order, the Registrar shall reject the instrument or, as the case may be, the application for endorsement or entry.
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(5
) On rejecting any instrument or application for endorsement pursuant to this section, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.
Sale of land or interest subject to prohibitory order
Section 337
No sale of any land or interest for the purpose of satisfying any judgment debt shall becom...
and any such order shall be sufficient authority for an officer of a court of competent jurisdiction to execute in favour of the purchaser at the sale the appropriate instrument of transfer under this Act in the name, and on the behalf, of the judgment debtor.
(2
) The prohibition imposed by any prohibitory order shall not apply to any such instrument of transfer.
Lapse of prohibitory order by expiry of time
Section 338
Every prohibitory order shall, unless its duration is extended by an order made pursuant to...
(2
) An order extending a prohibitory order shall not have effect unless a copy of the order is presented for registration before the time at which the prohibitory order to which it relates would, but for the extension, have lapsed.
(3
) A note of the extension of any prohibitory order shall be endorsed by the Registrar on the register document of title; and the Registrar may of his own motion, and shall on the application of any interested person or body, cancel the entry on any register document of any prohibitory order which has lapsed by virtue of this section.
(4
) Every endorsement or cancellation under subsection (3)
shall be signed and sealed.
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Other methods of determination
Section 339
Where a prohibitory order is withdrawn at any time by order of a court, the Registrar shall...
(2
) A prohibitory order shall cease to have effect, and the entry thereof be cancelled accordingly, on the registration of—
(a)
any transfer executed by an officer of a court as mentioned in subsection 337(1); or
(b)
any certificate of sale given under subsection 259(3) or 265(4)
and relating to the land or interest affected by the order.
(3
) The Registrar shall notify the Court of any cancellation effected on the registration of any certificate of sale and, in any such case, any residual sums to which subsection 268(3) would otherwise apply shall be disposed of in accordance with rules of court.
(4
) Every cancellation effected by the Registrar under this section shall be signed and sealed.
(5
) References in this section to an order withdrawing a prohibitory order include references to any order cancelling a prohibitory order or otherwise causing it to cease to have effect.
Division V—ALIENATED LANDS: SUPPLEMENTAL
Part Twenty—INDEFEASIBILITY OF TITLE AND INTEREST
Registration to confer indefeasible title or interest, except in certain circumstances
Section 340
The title or interest of any person or body for the time being registered as proprietor of...
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Provisions of the
National Land Code
Modification
Paragraph 339(2)(b)
In its application to the Federal Territory of Labuan, delete the words “or 265(4)”.
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(2
) The title or interest of any such person or body shall not be indefeasible—
(a)
in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
(b)
where registration was obtained by forgery, or by means of an insufficient or void instrument; or
(c)
where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.
(3
) Where the title or interest of any person or body is defeasible by reason of any of the circumstances specified in subsection (2)—
(a)
it shall be liable to be set aside in the hands of any person or body to whom it may subsequently be transferred;
and
(b)
any interest subsequently granted thereout shall be liable to be set aside in the hands of any person or body in whom it is for the time being vested:
Provided that nothing in this subsection shall affect any title or interest acquired by any purchaser in good faith and for valuable consideration, or by any person or body claiming through or under such a purchaser.
(4
) Nothing in this section shall prejudice or prevent—
(a)
the exercise in respect of any land or interest of any power of forfeiture or sale conferred by this Act or any other written law for the time being in force, or any power of avoidance conferred by any such law; or
(b)
the determination of any title or interest by operation of law.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 506
Act 828
Provisions of the
National Land Code
Modification
Section 341
In its application to the Federal Territory of Labuan, substitute for the words “Limitation Act 1953 [Act 254]”
the words “Limitation Ordinance [Sabah Cap. 72]”.
National Land Code
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Adverse possession not to extinguish titles or interests 341.
Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the proprietor or any person or body entitled to an interest therein, and accordingly, the Limitation Act 1953
[Act 254], shall in no circumstances operate to extinguish any title to, or interest in, land.
Part Twenty-One—CO-PROPRIETORSHIP AND TRUSTS
Chapter
Chapter 1—Co-proprietorship
Meaning of co-proprietorship, and when it arises
Section 342
In this Act, “co-proprietorship” means the holding of alienated land by two or more persons...
(2
) All alienated land vested in two or more persons or bodies shall be held by them as co-proprietors unless, pursuant to section 344 or 346, or the corresponding provisions of any previous land law, they are registered as trustees or representatives.
Incidents of co-proprietorship
Section 343
Where any land is vested in two or more persons or bodies as co-proprietors—
(a)
their shares therein shall be deemed to be equal unless different proportions are specified in the memorial of registration;
(b)
they may at any time apply for the partition of the land under Chapter 2 of Part Nine, but, so long as their co-proprietorship continues, shall each be entitled to possession and enjoyment of the whole; and
(c)
on the death of any of them or, in the case of a body, its dissolution, the share to which he or it was formerly entitled shall not pass to the other or others, but shall devolve upon his personal representatives or, as the case may be, be disposed of in the like manner as its other assets.
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(2
) The issue document of title to any such land shall, in the absence of agreement between the co-proprietors as to its custody, be retained by the Registrar.
(3
) There may be issued to a co-proprietor of any such land upon application by him and upon payment of the prescribed fee therefor a copy of the issue document of title to the land bearing an endorsement dated and signed by the Registrar stating that the copy is issued to the co-proprietor named in the endorsement.
(4
) Where an application for a copy of an issue document of title is made under subsection (3), such copy shall not be issued unless and until the issue document of title is already in the custody of the Registrar under subsection (2), or is surrendered to the Registrar for retention by the Registrar, or the Registrar has obtained the delivery of the issue document of title for retention by the Registrar by notice to the co-proprietor or other person in whose possession or control it is at the time of the application under subsection (3).
(5
) Upon issuing a copy of the issue document of title under subsection (3), the Registrar shall make a memorial thereof on the register document of title to the land, showing the date of issue and the co-proprietor in whose name such copy is issued.
(6
) Such copy of an issue document of title may be used by the co-proprietor in whose name it is issued solely for the purpose of effecting any transfer, or creating any charge, or creating any lien under section 281, in respect of the undivided share of such co-proprietor in the same manner as an issue document of title may be used for the purpose of effecting such transfer or creating such charge or lien, and shall for such purposes be deemed to be an issue document of title in respect of the undivided share of such co-proprietor.
(7
) Where such copy of an issue document of title is presented for registration of an instrument of transfer of the undivided share of such co-proprietor, or of a certificate of sale in respect of such undivided share, the Registrar shall retain such copy and cause it to be destroyed upon completion of the registration of the instrument of transfer, or the registration of the certificate of sale, as the case may be, and make a memorial on the register document of title that such copy has been destroyed by him.
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Chapter
Chapter 2—Trusts
Registration as trustee or trustees, and deposit of trust instrument
Section 344
Where, by any instrument of dealing or order of the
Court or Land Administrator, any alienated land or share or interest therein is transferred or transmitted to, vested in or created in favour of any person or body “as trustee”, or two or more persons or bodies “as trustees”, the Registrar shall so describe him, it or them in the memorial of registration.
(2
) The proprietor or co-proprietors of any alienated land, and any person or body in whom any share or interest in alienated land is for the time being vested, may apply to the
Registrar to be registered in respect of that land, share or interest “as trustee” or, as the case may be, “as trustees”; and the
Registrar shall give effect to any such application by making the appropriate addition to, or amendment of, the existing memorial of registration.
(3
) Where the words “as trustee” or “as trustees” have been included in any memorial of registration pursuant to subsection (1) or (2), or the corresponding provisions of any previous land law, any instrument declaring the trusts to which the land, share or interest is subject may, upon payment of the prescribed fee, be deposited with the Registrar for safe custody and reference; and no instrument of dealing shall be unfit for registration by reason only of the fact that it refers to any instrument so deposited.
(4
) Subsections (1) and (2) shall have effect subject to the
Trustee Act 1949 [Act 208] (which inter alia provides that, except in the case of any immovable property vested in trustees for charitable, religious or public purposes, the number of trustees of any immovable property shall not exceed four).
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Survivorship
Section 345
Where, pursuant to section 344 or the corresponding provisions of any previous land law, an...
(2
) Subsection (1) shall apply in respect of any land, share or interest notwithstanding the inclusion under any previous land law of the words “no survivorship” in the memorial or registration in question; and the Registrar may accordingly, either of his own motion or on the application of any interested person or body, cancel those words on any document of title or other instrument.
Part Twenty-Two—TRANSMISSION ON DEATH AND
BANKRUPTCY
Death
Registration of personal representatives
Section 346
The personal representative or representatives of any deceased person may apply to the Regi...
and (4).
(2
) Any such application shall be accompanied by—
(a)
the grant of probate or letters of administration;
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(b)
if available, the issue document of title to the land or, where the application relates to a lease or a charge, the duplicate thereof; and
(c)
such other documents or evidence as the Registrar may require, or as may be prescribed.
(3
) The Registrar shall give effect to any such application by endorsing on the register document of title to the land to which, or a share or interest in which, it relates a note of the date of death of the deceased person and a memorial to the effect that the said land, share or interest is vested in the applicant or applicants
“as representative” or, as the case may be, “as representatives”.
(4
) Every such memorial shall be signed and sealed by the
Registrar, and a copy thereof shall be made on the issue document of title or, as the case may be, duplicate lease or charge, if sent with the application or subsequently obtained by him.
(5
) No personal representative or representatives shall be capable of executing any instrument of dealing in respect of any land, share or interest until it has become registered in his or their name or names pursuant to this section.
Effects of registration
Section 347
The title or interest of any personal representative or representatives registered as such...
(2
) Any land, share or interest vested in any person as trustee shall, on its transmission to a personal representative or representatives, continue subject to all trusts to which it was subject at that person’s death.
(3
) Subsection 345(1) shall apply where any land, share or interest is vested in two or more persons or bodies “as representatives” as it would apply if they were registered in respect thereof “as trustees”.
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Small estates distribution orders
Section 348
Where any distribution order under the Small Estates
(Distribution)
Act 1955 [Act 98], has become final in accordance with section 16 of that Act, it shall be the duty of the Registrar to give effect thereto by endorsing a memorial of any transmission thereby effected on the register document of title to the land in question or, as the case may be, the land in which the share or interest in question subsists.
(2
) Every such memorial shall state the reference under which the copy of the order is filed and shall be signed and sealed by the Registrar, and a copy of the memorial shall, if he is able to secure its production, be made by him on the issue document of title to the said land or, where the memorial relates to a lease or charge, on the duplicate thereof.
(3
) The reference in subsection (1) to a distribution order under the Small Estates (Distribution) Act 1955 includes a reference to any further order made pursuant to section 17 of that Act.
Bankruptcy
Registration of Director General of Insolvency
Section 349
Where the Director General of Insolvency claims any land, or share or interest in land, und...
Registrar under this section for the registration thereof in his name, and the Registrar shall give effect to the application by endorsing a memorial of the transmission on the register document of title to the land in question or, as the case may be, the land in which the share or interest in question subsists.
(2
) Every such memorial shall be signed and sealed by the
Registrar, and a copy thereof shall, if he is able to secure its production, be made by him on the issue document of title to the said land or, where the memorial relates to a lease or charge, on the duplicate thereof.
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(3
) No land, share or interest shall vest in the Director General of Insolvency under any adjudication of bankruptcy, or order for administration in bankruptcy, until it has become registered in his name pursuant to this section.
Effect of disclaimer, discharge, etc.
Section 350
No disclaimer by the Director General of Insolvency, and no order for the discharge of any...
Director General of Insolvency of any land, share or interest registered in his name, and any such land, share or interest shall continue vested in him until the registration of a transfer thereof, or of any vesting order made with respect thereto by the Court.
Part Twenty-Three—REVERSION IN
ABSENCE OF PROPRIETOR
Reversion to or vesting in State Authority on proprietor’s death without successors
Section 351
Where any Land Administrator—
(a)
receives evidence from which he is satisfied that the proprietor of any alienated land (in this section referred to as “the original proprietor”) has died; and
(b)
is also satisfied that no petition has been filed for a grant of representation to the estate of the original proprietor, and that no petition for the distribution of that estate has been lodged under the Small Estates (Distribution)
Act 1955, he may make, or cause to be made, an endorsement to that effect on the register document of title to the land.
(2
) Any endorsement made on the register document of title to any land pursuant to subsection (1)—
(a)
shall have the same effect as a Registrar’s caveat; and 352
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(b)
shall cease to have effect, and be cancelled accordingly, on—
(i)
a finding by the Land Administrator that the original proprietor is in fact still alive, or
(ii)
the registration of any other person or body as proprietor.
(3
) As soon as may be after the making of any such endorsement, the Land Administrator shall, by notice in the
Gazette in Form 23a, declare—
(a)
that the original proprietor of the land appears to have died without successors; and
(b)
that the land will revert to the State Authority, or in the case of an undivided share in land or parcel of a subdivided building, will become vested in the State
Authority at the end of the period of one year beginning with the date on which the notice is published unless by that time one of the following requirements has been fulfilled, that is to say—
(i)
it has been proved to his satisfaction that the original proprietor is still alive, or
(ii)
some other person or body has been registered as proprietor of the land, or
(iii)
a petition has been filed or lodged for a grant of representation to, or the distribution of, the original proprietor’s estate.
(4
) Copies of any notice under subsection (3) shall be published in accordance with section 433.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 516
Act 828
Provisions of the
National Land Code
Modification
Subsection 352(1)
In its application to the Federal Territory of Labuan, substitute for the words “Land Office” the word
“Registry”.
National Land Code
National Land Code 517
(5
) The Land Administrator may, on an application made to him by any person before the end of the period specified in any such notice, grant such extension of that period as may appear to him reasonable.
(6
) If none of the requirements specified in any such notice has been fulfilled by the end of the said period or, as the case may be, the period as so extended, the land to which the notice relates shall thereupon (but subject always to the provisions of any law for the time being in force relating to Baitulmal) revert to the State Authority as if it had been forfeited pursuant to the provisions of Part Eight, or become vested in the State Authority, as the case may be.
Reversion to State Authority on abandonment of title by proprietor
Section 352
Where any Land Administrator is satisfied that the proprietor of any land held under Land O...
(a)
is not in effective occupation of the land, and
(b)
has, for the past seven years, done no act or thing evidencing his title thereto, he shall make an endorsement on the register document of title to the land to the effect that the proprietor appears to have abandoned his title thereto.
(2
) Any endorsement made on the register document of title to any land pursuant to subsection (1)—
(a)
shall have the same effect as a Registrar’s caveat; and
(b)
shall cease to have effect, and be cancelled accordingly, on—
(i)
a finding by the Land Administrator that the proprietor has not in fact abandoned his title, or 354
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(ii)
a finding by the Land Administrator that the proprietor has died (but without prejudice to its replacement in such a case by an endorsement under subsection 351(1)).
(3
) As soon as may be after the making of any such endorsement, the Land Administrator shall, by notice in the
Gazette in Form 23b, declare—
(a)
that the proprietor of the land appears to have abandoned his title thereto; and
(b)
that the land will revert to the State Authority at the end of the period of one year beginning with the date on which the notice is published unless by that time either of the following requirements has been fulfilled, that is to say:
(i)
the proprietor has satisfied him that he has not in fact abandoned his title to the land, or
(ii)
it has been proved to his satisfaction that the proprietor has died.
(4
) Copies of any notice under subsection (3) shall be published in accordance with section 433.
(5
) The Land Administrator may, on an application made to him by any person before the end of the period specified in any such notice, grant such extension of that period as may appear to him reasonable.
(6
) If neither of the requirements specified in any such notice has been fulfilled by the end of the said period or, as the case may be, the period as so extended, the land to which the notice relates shall thereupon revert to the State Authority as if it had been forfeited pursuant to the provisions of
Part Eight.
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Part Twenty-Four—RESURVEY OF LAND
HAVING NATURAL BOUNDARIES
Resurvey of land alienated before commencement by reference to natural feature boundaries
Section 353
Where any land alienated before the commencement of this Act is expressed in the document o...
State Director, cause the boundary or boundaries in question to be determined by right lines.
(2
) Where the natural feature referred to in subsection (1)
consists of the foreshore, the coastline or the sea, a river or riverbank, or any other feature the line of which is liable to alter from time to time, then, for the purposes of this section the boundary shall be taken to follow any survey traverse made for the purpose of determining the line of that feature at the time the land was alienated:
Provided that—
(i)
the traverse shall be disregarded to the extent, if any, necessary to take account of any advance of the shoreline, or of the bed of any river;
(ii)
unless the proprietor of the land would thereby become entitled to an area substantially greater than that specified in his document of title, the traverse shall also be disregarded to the extent, if any, necessary to include within the boundaries of the land any revetment, sea wall, river wall or other structure lawfully erected by the proprietor or any predecessor in title.
(3
) Where any boundary has been determined in pursuance of subsection (1), the Director of Survey and Mapping—
(a)
shall cause such action to be taken as may be necessary to secure that it is demarcated on the surface of the land by boundary marks, or is capable of being ascertained therefrom;
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(b)
shall cause the area of the land to be recalculated;
(c)
may, if he thinks fit, assign a new lot number to the land;
and
(d)
shall cause a certified plan to be prepared for his approval showing the boundaries of the land (including the boundary or boundaries so determined), the position of the boundary marks and the area and lot number.
(4
) When the plan prepared under paragraph (3)(d) has been approved by the Director of Survey and Mapping, it shall for the purposes of subsection 396(2) be deemed to be the plan approved under paragraph (1)(e) of that section.
Procedure (including appeal) after resurvey, and provision as to costs
Section 354
Where any boundary has been determined in pursuance of subsection 353(1), the State Directo...
(2
) Any appeal under this section shall be in writing, specifying the grounds on which it is alleged that the determination is incorrect or inequitable; and the State Director, after considering the grounds so specified and holding such enquiry as he may think fit, shall either dismiss the appeal or give such direction for the re-determination of the boundary, and with respect to matters consequential thereon, as he may consider necessary or just.
(3
) At the end of the period referred to in subsection (1) or, where any appeal is made during that period, so soon as it has been disposed of and any re-determination of the boundary effected, the State Director shall notify the Registrar or, in the case of 357
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Provisions of the
National Land Code
Modification
Subsection 354(3)
In its application to the Federal Territory of Labuan, delete the words “or, in the case of land held under
Land Office title, the Land Administrator” and “or
Land Administrator”.
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land held under Land Office title, the Land Administrator; and the Registrar or Land Administrator, on being so notified, shall issue title in continuation to the land (in conformity with any determination or re-determination of boundaries under this Part)
as if he were issuing title in continuation to land as a whole.
(4
) The costs of determining any boundary under section 353
or this section shall be defrayed by the State Authority; and no fees shall be charged by the State Authority in connection with any appeal under this section or any action taken thereunder by the Registrar.
Part Twenty-Five—SUBDIVIDED BUILDINGS
355—374. (Repealed by Act 318).
Division VI—GENERAL AND MISCELLANEOUS
Part Twenty-Six—GENERAL POWERS AND
DUTIES OF THE REGISTRAR
Safe keeping of registers, etc.
Section 375
The Registrar shall be responsible for the safe keeping of—
(a)
every register of title maintained under this Act or any previous land law by him or any predecessor in office;
(b)
all instruments registered under this Act or any previous land law and filed in the Registry or Land Office in question; and
(c)
all other instruments, and all books and other records including digital data and information on any matters virtually stored in the land database of land Registry and the Disaster Recovery Centre, required by or under this Act or any previous land law to be filed or kept in that Registry or Land Office.
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(2
) No register, instrument, book or other record including digital data and information on any matters virtually stored in the land database of land Registry and the Disaster Recovery
Centre for the safe keeping of which the Registrar is responsible as aforesaid shall be removed from the Registry or Land
Office except pursuant to an order of the Court or a Judge, or under the direction in writing of the State Authority or State
Director.
Supply of forms, and issue of guidance notes, etc.
Section 376
The Registrar may cause to be printed supplies of any of the forms set out in the First Sch...
(2
) The Registrar may also publish such notes or directions as he may consider necessary or desirable for the guidance of persons and bodies using any of the said forms.
Marking of instruments, and power to require thumbprints, etc.
Section 377
The Registrar may require the particulars of the person or body by whom the instrument or d...
(2
) The Registrar may, if he thinks it expedient to do so in the circumstances of any particular case, require any person or body by whom any such instrument or document has been executed—
(a)
to affix his thumbprints thereto; and
(b)
to specify therein the number of his identity card, if any.
(3
) The requirement under subsection (2) may also include any other method available to the Registrar.
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Changes of name by proprietors, etc.
Section 378
Subject to subsection (2), the Registrar may, upon the production to him of evidence (wheth...
(2
) In the case of a natural person, such change may also refer to the description of his citizenship or the number of identity card issued to him under the National Registration Act 1959 [Act 78] or, where no such identity card has been issued to him, the number appearing in his passport or any other official document of identity.
Changes of address by proprietors, etc.
Section 379
Any person or body in whom any alienated land or interest is for the time being vested, or...
(2
) Where the new address notified under subsection (1) is an address outside the Federation, the notification shall specify also an address within the Federation, for the service on the person or body in question of notices under this Act.
(3
) Any address for the service of notices supplied to the
Registrar pursuant to subsection (2) or any other provision of this Act may, by notification to the Registrar, be changed at any time to another address within the Federation, and the Registrar shall make an appropriate record of the change.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 526
Act 828
Provisions of the
National Land Code
Modification
Section 380
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), substitute for the words
“subsections (2) and (3)” the words “subsection (3)”;
(2
) delete subsection (2).
National Land Code
National Land Code 527
Correction of errors in documents of title, etc.
Section 380
Where the Registrar is satisfied—
(a)
that any document of title has been registered or issued in the wrong name, or contains any misdescription of land or boundaries, or other error or omission; or
(b)
that any memorial or other entry has been made in error on any document of title or other instrument relating to land; or
(c)
that any memorial or other entry made on any such document of title or instrument itself contains any error or omission, he may, subject to subsections (2) and (3), make such correction on the document or interest in question as may be appropriate in the circumstances of the case.
(2
) The State Director may if he thinks fit direct that, in such cases or class or classes of case as may be specified in the direction, the powers conferred by subsection (1) shall not be exercisable in respect of land held under Land Office title, or the corresponding form of qualified title, except with his prior approval.
(3
) The said powers shall not without his prior approval be exercised so as to affect any plan prepared by or on behalf of the Director of Survey and Mapping, except in cases where he has taken action under section 396a.
(4
) The Registrar shall maintain for the purposes of this section a book, to be called the “Correction Note-book”, in which he shall record details of all corrections made by him thereunder.
Cancellation of obsolete entries, and bringing of documents of title up to date
Section 381
Where the Registrar is satisfied—
(a)
that any condition or restriction in interest contained in any document of title has become obsolete; or 361
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(b)
that any memorial or entry on any document of title or other instrument relating to land relates to a matter which has ceased to be effective, he may delete the said condition or restriction or, as the case may be, cancel the said memorial or entry:
Provided that the power conferred by paragraph (b) is a residual power only, and, where the circumstances in which any particular memorial or other entry may be cancelled are specified in any other provision of this Act, shall not be exercisable in respect of that memorial or entry.
(2
) The Registrar may, if he considers it necessary or desirable to do so—
(a)
copy onto the issue document of title to any land any memorial or other entry required by this Act or any previous land law to be made on the register document of title only, or on that document and some instrument other than the issue document;
(b)
copy onto the register and issue documents of title to any land, or either of them, any memorial of registration made pursuant to any previous land law on any other instrument relating thereto.
Power of Registrar or Land Administrator to standardize express conditions and restrictions in interest 381a. (1) The Registrar or the Land Administrator, as the case may be, may from time to time, of his own accord, for the purpose of uniformity, standardize the format of the express conditions and restrictions in interest of any alienated land on the register and issue documents of title.
(2
) Any standardization made under subsection (1) shall not affect the rights of the proprietor.
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Provisions of the
National Land Code
Modification
Section 381a
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “or Land
Administrator”;
(2
) in subsection (1), delete the words “or the Land
Administrator, as the case may be,”;
(3
) in subsection (3), delete the words “or Land
Administrator, as the case may be,”;
(4
) in subsection (4), delete the words “or the Land
Administrator, as the case may be”.
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(3
) The Registrar or Land Administrator, as the case may be, shall serve a notice in Form 2b on the proprietor or any chargee, lienholder or any other person or body whom he may have reason to believe to be in possession or control of the issue document of title, to produce the issue document of title to the land in question.
(4
) Every standardization made under this section shall be signed and sealed by the Registrar or the Land Administrator, as the case may be.
Supplementary provisions as to amendments, corrections and cancellations
Section 382
On making any correction, deletion or cancellation pursuant to section 380 or 381, the Regi...
(2
) No amendment, correction, deletion or cancellation made as aforesaid, or pursuant to any other provision of this Act, shall be made by erasing any words or figures or otherwise rendering them illegible.
Actions in relation to documents of title where alienated land becomes State land under section 49 382a. (1) The Land Administrator shall upon being satisfied that any alienated land or part thereof has become State land under section 49, make or cause to be made a memorial to that effect in the register document of title to the land.
(2
) The Registrar shall after making a memorial under subsection (1)—
(a)
notify the proprietor thereof of the making of such memorial;
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Provisions of the
National Land Code
Modification
Section 384
In its application to the Federal Territory of Labuan, substitute for the words “any Registry or Land
Office” the words “the Registry”.
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(b)
call for the production of the issue document of title in accordance with section 15; and
(c)
make the like memorial on the issue document of title or, in the case where the whole land has become State land, destroy the subsisting issue document of title.
(3
) Where the whole land has become State land upon the making of any memorial under subsection (1), the subsisting register document of title and any subsisting issue document of title which has been destroyed pursuant to paragraph (2)(c) shall be deemed to have been cancelled and no entry shall thereafter be made therein.
Certified copies of documents of title, etc.
Section 383
The Registrar shall, upon payment of the prescribed fee, furnish to any person or body appl...
(2
) Every such certified copy shall be signed and sealed by the Registrar, and shall be received by any Court or Judge, and any other person or body having authority under this Act or any other written law for the time being in force to enquire into or adjudicate on any matter, as prima facie evidence of all matters contained therein or endorsed thereon.
Part Twenty-Seven—SEARCHES
Private searches 384.
Any person or body may, at any time during normal office hours of any Registry or Land Office, but subject to payment of the prescribed fee and such other conditions, if any, as may be prescribed, inspect and take notes of or extracts from—
(a)
any register of title, Presentation Book or Correction
Note-book maintained by the Registrar or any predecessor in office; and
(b)
any instrument of dealing or application presented or made to, or in the custody of, the Registrar.
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Official searches
Section 385
Any person or body may apply to the Registrar for an official search in respect of any land.
(2
) Any such application shall be accompanied by the prescribed fee, and the Registrar shall, as soon as may be after the receipt thereof, issue to the applicant a certificate of search under his hand and seal—
(a)
specifying the person or body for the time being registered as proprietor of the land and, if he is registered as such as trustee or as representative, indicating that fact;
(b)
summarizing, so far as they relate to matters which are still effective, all memorials and other entries on the register document of title thereto;
(ba)
specifying the express conditions and restrictions in interest to which the land is subject;
(c)
indicating whether, at the time of issue of the certificate
(which shall be precisely stated therein)—
(i)
any instrument of dealing has been presented for registration on the register document of title to the land;
(ii)
any application for the endorsement or entry of any matter on that document has been made under Chapter 7 of Part Eighteen, Chapter 1 of
Part Nineteen, Chapter 2 of Part Twenty-one or
Part Twenty-two; and
(iii)
a copy of any prohibitory or other order relating to the land or any share or interest therein has been presented to or served on the Registrar pursuant to the provisions of this Act or any other written law for the time being in force.
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Compensation 386.
Any purchaser of any alienated land, or any share or interest therein, who suffers any loss or damage by reason of any error in, or omission from, any certificate of search shall be entitled to such compensation as may be agreed or determined in accordance with section 434.
Part Twenty-Eight—LAND ADMINISTRATOR’S
RIGHTS OF WAY
Interpretation 387.
In this Part, “public terminal” means the foreshore, or a river, railway station or public road.
Land Administrator’s rights of way
Section 388
Subject to and in accordance with this Part, the Land
Administrator may create rights of way over land, which shall be known as Land Administrator’s right of way.
(2
) The rights conferred and obligations imposed in respect of any land by the creation of a Land Administrator’s right of way shall run with the land and shall be binding on the land’s proprietors and occupiers for the time being.
Characteristics of Land Administrator’s rights of way
Section 389
A Land Administrator’s right of way may be—
(a)
a right of way created for the benefit of the State Authority or the proprietor or occupier of any alienated land
(referred to in this Part as a private right of way); or
(b)
a right of way created for the benefit of the public (referred to in this Part as a public right of way).
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(2
) A private right of way created for the benefit of the State
Authority shall authorize persons acting with the express or implied consent of the State Authority—
(a)
to pass and repass between reserved land or a forest reserve and a public terminal; or
(b)
for the purpose of removing rock material from any land, to pass and repass between the land and a public terminal.
(3
) A private right of way created for the benefit of the proprietor or occupier of alienated land shall authorize the proprietor or occupier, as the case may be, and persons acting with the express or implied consent of the proprietor or occupier to pass and repass between the land and a public terminal.
(4
) A public right of way shall authorize the public to pass and repass between any specified area of land and a public terminal.
(5
) (Deleted by Act A587).
Creation of right
Section 390
The State Authority or the proprietor or occupier of any alienated land may apply to the La...
(2
) The Land Administrator, where—
(a)
he receives an application for a private right of way; or
(b)
he is of the opinion that the creation of a public right of way is or might be expedient, shall either hold an enquiry or make such other investigation as he thinks appropriate.
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Provisions of the
National Land Code
Modification
Section 391
In its application to the Federal Territory of Labuan—
(1
) substitute for subsection (2) the following subsection:
“(2) The Registrar, on the delivery to him of the issue document of title of land affected by the creation of a Registrar’s right of way, shall—
(a)
make a memorial of the right of way in
Form 28b on both the register document of title and the issue document of title;
(b)
cause the route of the right of way to be shown on the issue document of title, either by means of a fresh plan or by means of an amendment of any plan already endorsed thereon; and
(c)
thereafter return the issue document of title to the person entitled thereto.”;
(2
) delete subsection (3);
(3
) in paragraph (4)(a), delete the words “Land
Office title and”.
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(3
) The Land Administrator, if on holding an enquiry or making an investigation he is satisfied that it is expedient for a private or public right of way to be created, shall make an order creating the right of way.
(4
) An order made under subsection (3) shall—
(a)
describe sufficiently for purposes of identification—
(i)
the land and the public terminal between which the right of way is to run; and
(ii)
the route of the right of way;
(b)
state whether or not those using the right of way may pass and repass with animals and vehicles; and
(c)
contain such conditions and limitations, if any, as the
Land Administrator thinks appropriate.
Procedure on creation of right
Section 391
As soon as may be after making an order for the creation of a Land Administrator’s right of...
(a)
cause the route of the right of way to be surveyed; and
(b)
cause to be delivered to him the issue document of title of any land affected by the right of way.
(2
) The Land Administrator, on the delivery to him of the issue document of title of land affected by the creation of a Land
Administrator’s right of way, shall—
(a)
in the case of land held under Land Office title—
(i)
make a memorial of the right of way in Form 28b on both the register document of title and the issue document of title; and 368
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(ii)
cause the route of the right of way to be shown on the issue document of title, either by means of a fresh plan or by means of an amendment of any plan already endorsed thereon;
(b)
in the case of land held under Registry title, present the issue document of title to the Registrar, together with a copy of the order creating the right of way.
(3
) The Registrar, on receiving in respect of any land affected by the creation of a Land Administrator’s right of way the documents mentioned in paragraph (2)(b), shall—
(a)
make on both the register document of title and the issue document of title a memorial of the right of way, showing its route either by means of a fresh plan or by means of an amendment of any plan already endorsed thereon; and
(b)
thereafter cause the issue document of title to be returned to the person entitled thereto.
(4
) In the application of this section to land held on qualified title—
(a)
references to Land Office title and Registry title shall be construed as references to the corresponding form of qualified title;
(b)
references to the issue document of title shall have effect only where such a document has been prepared;
and
(c)
where no issue document of title has been prepared, the Land Administrator shall take action under subsection (2) as soon as may be after the right of way has been surveyed.
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Provisions of the
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Subsection 393(2)
In its application to the Federal Territory of Kuala
Lumpur, the reference in the proviso thereto to the
“Government of the State” shall be construed as reference to the “Government of the Federation”.
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Cost of survey, construction, maintenance and repair 392.
The cost of surveying, constructing, maintaining or repairing a Land Administrator’s right of way shall be borne—
(a)
in the case of a private right of way, by the authority or person for whose benefit it has been created; and
(b)
in the case of a public right of way, by the State Authority.
Compensation
Section 393
Subject to this section, compensation shall be payable to any person for the use of his lan...
(2
) The amount of compensation payable under this section shall be determined by the Land Administrator.
(3
) Save as provided by this section, no person shall be entitled to compensation for damage suffered as the result of the creation of a Land Administrator’s right of way.
Sharing of right by adjacent proprietors
Section 394
The proprietor or occupier of any alienated land, which abuts on or is in the proximity of...
Form 28c to share the right of way.
(2
) The Land Administrator, on receiving an application under subsection (1) in respect of a right of way, shall either hold an enquiry or make such other investigation as he thinks appropriate;
and, if on holding the enquiry or making the investigation he is satisfied that it is expedient for the application to be granted, he shall make an order declaring that the applicant is entitled to share in the right of way to such extent and on such conditions
(including conditions as to the maintenance and repair of the right of way) as the Land Administrator thinks fit.
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(3
) Where on an application under subsection (1) an order is made in respect of a right of way, the order may confer on the applicant such additional rights of way over any other alienated land as are reasonably necessary in the Land Administrator’s opinion to make the order effective.
(4
) Sections 391 and 395 shall apply in relation to a right of way arising under this section as they apply in relation to a right of way arising under section 390.
Extinction of right
Section 395
The Land Administrator, where he is of the opinion that—
(a)
any person has failed to comply with any condition relating to the exercise by that person of a Land
Administrator’s right of way; or
(b)
it is inexpedient that a Land Administrator’s right of way should continue to exist, may hold an enquiry and thereafter order the right of way to be extinguished.
(2
) On the making of an order under subsection (1) extinguishing a right of way, the memorials made on the creation of the right of way shall be cancelled by the Land Administrator or, in the case of land held under Registry title or the corresponding form of qualified title, by the Registrar.
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Provisions of the
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Modification
Subsection 395(2)
In its application to the Federal Territory of Labuan, delete the words “by the Land Administrator or, in the case of land held under Registry title or the corresponding form of qualified title,”.
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Part Twenty-NINE—SURVEY
Chapter
Chapter 1—General
Manner in which survey is to be carried out
Section 396
For the purposes of this Act, land shall not be taken to have been surveyed until—
(a)
its boundaries have been determined by right lines;
*(b) its boundaries as so determined have been demarcated on the surface of the land by boundary marks or, if by reason of the configuration thereof or for any other cause the placing of boundary marks on the actual line of the boundary is to any extent impossible or impracticable, boundary marks have been so placed as to enable that line to be ascertained;
(c)
the **area enclosed by its boundaries as so determined has been calculated;
(d)
a ***lot number has been assigned thereto by the Director of Survey and Mapping; and
****(e) a certified plan, showing the situation of the land, the position of its boundaries as so determined and of the boundary marks placed thereon and the area and lot number thereof, has been approved by the Director of
Survey and Mapping.
*
In respect of underground land, substitute for paragraph (b) the following paragraph:
“every stratum lot shall be defined by regular planes which may be horizontal or inclined fixed by reference to reduced levels which means the height of a points reduced with respect to the mean sea level. Mean sea level means the average height derived from tidal observations for the definition of zero-height determined by the Director General of
Survey and Mapping;”—see P.U. (A) 204/1997.
**
In respect of underground land, substitute for the word “area” the words “volume of the stratum of the underground land”—see P.U. (A) 204/1997.
***
In respect of underground land, insert before the word “lot” the word “stratum”
**** In respect of underground land, substitute for paragraph (e) the following paragraph:
“a certified stratum plan, showing the situation of the stratum, the position of its boundaries as so determined and such boundary marks as may be required and the volume and stratum lot number thereof, has been approved by the Director of Survey”—see P.U. (A) 204/1997.
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†(2) Any plan approved by the Director of Survey and Mapping under paragraph (1)(e) shall be filed in his office, and (without prejudice to the operation of section 49 in the case of land subsequently affected by any advance of the shoreline or of the bed of any river) shall be conclusive evidence of the boundaries and boundary marks of the land to which it refers, and of the
*area and the *lot number thereof.
††(3) For the purposes of subsection (2)—
(a)
a plan approved under a previous land law in respect of land which was alienated before the commencement of this Act and remains alienated; or
(b)
a plan approved under a previous land law which relates to land alienated after the commencement of this Act and is adopted under paragraph 77(2)(b), shall be deemed to be a plan approved by the Director of Survey and Mapping under paragraph (1)(e).
†††(4) The lot number appearing on a plan of any land approved by the Director of Survey and Mapping under paragraph (1)(e) may be changed by or on the authority of the
Director of Survey and Mapping; and on any such change being made—
(a)
the Director of Survey and Mapping shall cause the
Registrar to be informed of the change;
(b)
the Registrar shall thereupon—
(i)
take all steps open to him to secure the production of the issue document of title of the land, if any;
†
In its application to the States of Penang and Malacca shall be modified, by deleting the words “conclusive evidence” and the following words and substituting therefor the words
“conclusive evidence of the boundaries, boundary marks and area of the land to which it refers and prima facie evidence of the lot number thereof”—see P.U. (A) 500/1968.
*
In respect of underground land, substitute for the word “area” the word “volume” and insert before the word “lot” the word “stratum”—see P.U. (A) 204/1997.
††
This subsection, in its application to the States of Penang and Malacca shall be modified, by substituting for the expression “subsection (2)” where it first occurs the expression
“subsection (2) and (4)”—see P.U. (A) 500/1968.
††† This subsection shall only have application to the States of Penang and Malacca
—see P.U. (A) 500/1968.
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(ii)
call upon the Director of Survey and Mapping to cause the change to be noted on any plan included in the register and issue documents of title to the land; and
(iii)
cause the change to be noted where references to the lot number appear in those documents otherwise than on a plan; and
(c)
the Director of Survey and Mapping shall cause the change to be noted—
(i)
in any deposited plan of the land (within the meaning of section 410) and in any copy of a deposited plan distributed under subsection 411(2);
and
(ii)
when called upon to do so under subparagraph (b)(ii), in any plan of the kind mentioned in that subparagraph.
Amendment of Survey Plan
*396a. (1) The Director of Survey and Mapping shall amend the plan approved by him under paragraph 396(1)(e) if—
(a)
he is satisfied that such plan contains an error or omission;
or
(b)
any alienated land becomes included within the boundaries of a new district, new subdistrict, new mukim, new town or new village as a result of a notification in the
Gazette under section 11 or by virtue of such powers under any previous land law; or
(c)
any alienated land has ceased to be part of any town, village or mukim.
* In respect of underground land, insert before the word “plan” wherever appearing therein the word “stratum”—see P.U. (A) 204/1997.
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Provisions of the
National Land Code
Modification
Section 396a
In its application to the Federal Territory of Labuan—
(1
) in subsection (1)—
(a)
in paragraph (b), substitute for the words
“, new mukim, new town or new village”
the words “or new town”; and
(b)
in paragraph (c), delete the words “, village or mukim”;
(2
) in subsection (2), delete the words “, mukim”
and “, village”.
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(2
) The Director of Survey and Mapping shall as soon as possible after taking action under subsection (1) amend or cause to be amended any such plan as may be included in the register or issue document of title to any land as may be necessary to correct or to bring up to date the name of the district, subdistrict, mukim, town, village or any particulars of survey such as bearing and distances as may appear in the said plan.
(3
) The Director of Survey and Mapping shall inform the
Registrar accordingly, and the Registrar shall make an entry in the register and the subsidiary register, if any, setting out the items so corrected and shall sign and seal the said entry.
Control and supervision of officers
Section 397
The Director of Survey and Mapping shall exercise general control and supervision over all...
(2
) The Director of Survey and Mapping shall be subject to the general control and supervision of the Director General of
Survey and Mapping, who shall act in accordance with such directions as to policy and as to the exercise of his powers as may be given by the Minister.
Powers of Director of Survey and Mapping
Section 398
The Director of Survey and Mapping may carry out a survey of any land in the State for the...
(a)
do preparatory work on the land or adjacent land;
(b)
mark out the boundaries of the land;
(c)
emplace boundary marks on the land or adjacent land;
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Modification
Subsection 397(2)
In its application to the Federal Territory of Kuala
Lumpur, substitute the following—
“(2) The Director General of Survey shall act in accordance with such directions as to policy and as to the exercise of his powers as may be given by the Minister.”.
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(d)
alter, repair or remove any boundary mark so emplaced;
(e)
remove or destroy trees, crops, fences and other property on the land or adjacent land; and
(f)
do on the land or adjacent land all other things reasonably necessary for carrying out the survey.
(2
) The Director of Survey and Mapping may emplace any survey reference mark on any land in the State, and may do on the land or adjacent land all things reasonably necessary for the establishment, protection, maintenance, repair, alteration or removal of such mark.
(3
) In the exercise of the powers conferred by subsections (1)
and (2), the Director of Survey and Mapping shall have the right of access to and entry upon any land in the State.
(4
) The powers conferred on the Director of Survey and
Mapping by subsections (1), (2) and (3)—
(a)
may be exercised on behalf of the Director of Survey and Mapping by any Survey Office or licensed land surveyor; and
(b)
may be exercised at all reasonable times and with such number of assistants as the Director of Survey and
Mapping or the person acting on his behalf, as the case may be, thinks appropriate.
Duty to complete survey 398a. (1) Where any licensed land surveyor carries out a survey of any land for the purposes of this Act, he shall complete the survey within the stipulated time and deposit all the survey plans together with the relevant field books, calculation sheets and other survey data with the Director of Survey and Mapping within such period as may be specified by the Director of Survey and Mapping.
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(2
) The Director of Survey and Mapping may, by a notice in
Form 29d, require any licensed land surveyor who has not completed the survey to produce any document relating to the survey which is in his possession or control.
(3
) Where any licensed land surveyor fails to complete any survey, without any reasonable cause, the Director of Survey and Mapping shall complete or cause to be completed the survey and recover the costs of the completion of the survey from such surveyor.
Duties of Director of Survey and Mapping
Section 399
It shall be the duty of the Director of Survey and
Mapping—
(a)
to cause such computations to be made from the records of Survey Officers as may be necessary in the opinion of the Minister to prove in respect of any land surveyed the accuracy of the survey, the dimensions of the land and the accurate emplacement of boundary marks;
(b)
to cause such computations or measurements to be made as shall define the geographical position of any land surveyed to the satisfaction of the Minister;
(c)
to cause to be prepared plans embodying, in such form as the Minister may from time to time direct, the measurements and dimensions obtained by Survey Officers; and
(d)
safely to keep all survey records including the digital cadastral database.
(2
) The functions of the Minister under subsection (1) may, subject to any direction given by the Minister, be exercised on the Minister’s behalf by the Director General of Survey and
Mapping.
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Notice to secure attendance for purpose of pointing out boundaries, etc.
Section 400
A Survey Officer may cause a notice in Form 29a to be served on any person owning, occupyin...
(a)
pointing out the boundaries of the land; or
(b)
rendering aid in emplacing or repairing boundary marks;
or
(c)
affording other information or assistance for the purpose of the survey.
(2
) A Survey Officer who reasonably believes that any person—
(a)
can give any information respecting the boundaries of any land which the officer is required to survey; or
(b)
has in his custody or under his control any document relating to the boundaries of the land, may cause to be served on that person a notice in Form 29b calling upon him to attend before the officer at a time and place to be stated in the notice for the purpose of giving the information or producing the document, as the case may be.
(3
) Any person who, without reasonable excuse, fails to comply with any requirement of a notice served on him under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
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Unauthorized survey 400a. Any person who, not being a Survey Officer or licensed land surveyor, carries out a survey or undertakes to carry out a survey of any land in the State for the purposes of this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Notice to clear boundaries
Section 401
A Survey Officer may cause a notice in Form 29c to be served on any person who is the propr...
(a)
to clear any boundary line of the land; or
(b)
to cut any line which may be necessary for the purposes of the survey.
(2
) Where a person fails to carry out work which he is required to carry out by a notice served on him by a Survey Officer under subsection (1)—
(a)
the officer may himself cause the work to be carried out;
and
(b)
the cost of carrying out the work shall be recoverable from that person as a debt due to the State Authority.
Recovery of cost of boundary marks 402.
The cost of emplacing boundary marks on land which is surveyed for the purposes of this Act shall be defrayed by the proprietor of the land and, if not so defrayed, shall be recoverable from him as a debt due to the State Authority.
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Penalty for interference with boundary marks and survey reference marks 403.
Any person who, without the authority of the Director of Survey and Mapping, wilfully destroys, damages, defaces, moves or otherwise interferes with a boundary mark or a survey reference mark commits an offence and shall, on conviction—
(a)
be liable to a fine not exceeding five thousand ringgit;
and
(b)
may in addition to or in place of that penalty be ordered to pay to the State Authority in the case of a boundary mark, and to the Survey and Mapping Department in the case of a survey reference mark, a sum (recoverable as a fine) not exceeding five times the cost of repairing or re-emplacing the boundary mark or survey reference mark and of making any survey rendered necessary by the act in respect of which he was convicted.
Removal and alteration of boundary marks
Section 404
Where a person requires the temporary or permanent removal or alteration of a boundary mark...
(2
) Where the Land Administrator approves an application made under subsection (2)—
(a)
he shall inform the Director of Survey and Mapping; and
(b)
the Director of Survey and Mapping shall arrange for the boundary mark to be moved or altered in accordance with the request.
(3
) The cost of the removal or alteration of a boundary mark under this section shall be defrayed by the applicant and, if not so defrayed, shall be recoverable from him as a debt due to the
State Authority:
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Provisions of the
National Land Code
Modification
Subsection 405(1)
In its application to the Federal Territory of Labuan, substitute for the words “, Settlement Officer and penghulu” the words “and Settlement Officer”.
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National Land Code 559
Provided that if such an application is made as a result of the advance of the shoreline or the bed of any river as specified in section 49, the cost of removal or alteration of the boundary marks and the cost of survey shall not be borne by the applicant.
Removal and alteration of survey reference marks 404a. (1) Where a person requires the temporary or permanent removal or alteration of a survey reference mark, he may make a written application in that behalf to the Director of Survey and
Mapping, stating the reasons for his application.
(2
) Where the Director of Survey and Mapping approves an application made under subsection (1), he shall arrange for the survey reference mark to be removed or altered in accordance with the request.
(3
) The cost of the removal or alteration of a survey reference mark under this section shall be defrayed by the applicant, and if not so defrayed, shall be recoverable from him.
Replacement of boundary marks which are damaged, etc.
Section 405
It shall be the duty of every Survey Officer, Settlement
Officer and penghulu to report immediately to the Land Administrator any boundary mark which he has found to have been altered or moved or to be defaced, obliterated, injured, missing or otherwise impaired, destroyed or rendered useless.
(2
) Where the Land Administrator becomes aware that a boundary mark of any land has been altered or moved or is defaced, obliterated, injured, missing or otherwise impaired, destroyed or rendered useless—
(a)
he shall inform the Director of Survey and Mapping;
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(b)
the Director of Survey and Mapping shall cause the boundary mark to be replaced or repaired, as the circumstances may require; and
(c)
the cost of the replacement or repair shall be recoverable as a debt due to the State Authority from the proprietor of the land.
Replacement of survey reference marks which are damaged, etc.
Section 405a
It shall be the duty of every Survey Officer to report immediately to the Director of Surve...
(2
) Where the Director of Survey and Mapping becomes aware that a survey reference mark has been altered, moved, defaced, obliterated, injured, missing or otherwise impaired, destroyed or rendered useless—
(a)
he shall cause the survey reference mark to be replaced or repaired, as the circumstances may require; and
(b)
the cost of the replacement or repair shall be recoverable from the person or body responsible for the acts abovementioned.
Compensation for damage
Section 406
Where, in order to mark out, clear or define any boundary or other line for the purposes of...
Survey Officer to enter on any land and remove or destroy any trees, fences, crops or other property of value, the officer shall—
(a)
assess the value of the property before removing or destroying it; and
(b)
pay or tender to the owner of the property the value so assessed.
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Provisions of the
National Land Code
Modification
Laws of Malaysia 562
Act 828
Provisions of the
National Land Code
Modification
Section 407
In its application to the Federal Territory of Kuala
Lumpur, delete the words “or the State Authority”.
In its application to the Federal Territory of Putrajaya, delete the words “or the State Authority”.
In its application to the Federal Territory of Labuan, delete the words “or the State Authority”.
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National Land Code 563
(2
) Any dispute regarding the sufficiency of any amount assessed, paid or tendered under subsection (1) shall be determined by the
Land Administrator, whose decision shall be final.
Errors in survey 407.
As between the Federation or the State Authority and a proprietor, no claim or suit shall arise or be maintained on account of any surplus or deficiency in the *area or measurement of any *lot or any parcel of a subdivided building disclosed by a survey showing an area or measurement differing from the area or measurement disclosed on any subsequent survey or from the area or measurement shown in the register document of title.
Director of Survey and Mapping’s certificate as to cost of work 408.
A certificate purporting to be signed by the Director of
Survey and Mapping and stating the cost of work done in respect of boundary marks shall be conclusive proof of the facts stated, and shall be admissible in evidence accordingly.
Powers of Land Administrator and Settlement Officer 409.
A Land Administrator and a Settlement Officer shall have and may exercise any power conferred by this Chapter on a Survey
Officer (not being a power conferred expressly on the Director of Survey and Mapping).
Survey by licensed land surveyor 409a. Wherever under this Act, any survey fees are chargeable, such survey fees shall not be chargeable where the land is to be surveyed by a licensed land surveyor and a certificate from the
Land Surveyors Board certifying that the survey of the land will be carried out, is furnished.
* In respect of underground land, substitute for the word “area” wherever appearing therein the word “volume” and insert before the word “lot” the word “stratum”—see P.U. (A) 204/1997.
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Chapter
Chapter 2—Deposited plans
Nature of deposited plan 410.
A plan of land shall be a deposited plan for the purposes of this Chapter if it is—
(a)
certified by the Director of Survey and Mapping as a true and correct plan of the land;
(b)
identified by a reference number allotted to it by the
Director of Survey and Mapping;
(c)
dated; and
(d)
deposited in the office of the Director of Survey and
Mapping.
Description of land by reference to deposited plan
Section 411
Where—
(a)
any land is to be identified in a written law or in any instrument, notice or other document published or made under, in pursuance or for the purposes of a written law;
and
(b)
there exists a deposited plan of the land, it shall be sufficient if the land is identified in the law, instrument, notice or document by reference to the plan.
(2
) Where in pursuance of subsection (1), land is identified by reference to a deposited plan, the Minister (or an officer authorized by the Minister to act on his behalf for the purposes of this subsection) may direct that as many copies of the plan as he thinks appropriate shall be distributed to—
(a)
the Land Office of the district in which the land is situated;
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Provisions of the
National Land Code
Modification
Paragraph 411(2)(b)
In its application to the Federal Territory of Labuan, delete the word “central”.
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(b)
the central registry of titles to land in the State; and
(c)
such officers and authorities as may be specified in the direction.
Copies of deposited plans
Section 412
For the purposes of this Chapter, every copy of a deposited plan shall be—
(a)
produced by photography, photolithography or any mechanical or other process or extracted from the digital cadastral database which in itself ensures the accuracy of the copy;
(b)
made by or on behalf of the Director of Survey and
Mapping in whose office the plan is deposited; and
(c)
certified by him or on his behalf to be a true and correct copy of the original.
(2
) In legal proceedings, any document purporting to be a deposited plan or a copy of a deposited plan—
(a)
shall be presumed until the contrary is proved to be what it purports to be; and
(b)
while it is so presumed, shall be admissible in evidence without further proof as a true and correct plan of the land to which it refers.
Inspection of plans and inspection and provision of copies 413.
On payment of the prescribed fee, if any, any person may—
(a)
on any working day and during normal office hours—
(i)
inspect any deposited plan in the office of the
Director of Survey and Mapping;
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National Land Code 567
(ii)
inspect any copy of a deposited plan distributed under subsection 411(2) in the office to which it has been distributed;
(b)
obtain a copy of any deposited plan on application to the
Director of Survey and Mapping.
Part Thirty—REGISTRATION OF STATUTORY VESTING
Interpretation 414.
In this Part—
“document of entitlement” means a lease, temporary occupation licence, permit, combined licence and permit, permit to use air space or approval referred to in subsection 416(1);
“registered interest in land” means any land or any interest in land, including one to which the Strata Titles Act 1985
applies, registered in the name of the transferor, and in respect of which a transfer is capable of being effected under Part
Fourteen;
“registrable interest in land” means any land or any interest in land, including one to which the Strata Titles Act 1985 applies, in respect of which a transfer is capable of being effected under
Part Fourteen to the transferor, and which at the time that a statutory vesting of it takes effect had not yet been presented for registration, or if so presented, had not yet been registered in favour of the transferor;
“statutory vesting” means a vesting effected by any written law—
(a)
of any registered interest in land or any registrable interest in land, whether or not under the provision effecting such vesting any instrument of transfer or 386
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any other instrument, whether specifically described or not, is required to be presented to the Registrar in order to give effect to such vesting; or
(b)
which has the effect of vesting in the transferee any other right or entitlement whatsoever in relation to any land which was the right or entitlement of the transferor, regardless of the words or expressions used in the written law in relation to such vesting, and regardless whether or not such words or expressions include the word “vesting” or
“transfer”;
“transferee” means the person in whose favour a statutory vesting is effected;
“transferor” means the person from whom a statutory vesting is effected in favour of a transferee.
Application for registration of a statutory vesting of a registered or registrable interest in land
Section 415
A transferee, or a person lawfully entitled to do so on his behalf, may apply to the Regist...
(a)
in Form 30a for a statutory vesting of a registered interest in land held by the transferor to be registered in the name of the transferee; or
(b)
in Form 30b for a statutory vesting of a registrable interest in land held by the transferor to be registered in the name of the transferee.
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National Land Code 569
Provisions of the
National Land Code
Modification
Laws of Malaysia 570
Act 828
Provisions of the
National Land Code
Modification
Paragraph 415(2)(a)
In its application to the Federal Territory of Labuan, substitute for the words “State Authority or the
Government of a State” the words “Government of the Federation”.
National Land Code
National Land Code 571
(2
) Where the Registrar is satisfied that the registered interest in land in respect of which the application under paragraph (1)(a)
is made has been vested in the transferee under the written law specified in the application, the Registrar shall, upon the presentation of the application—
(a)
if the transferee is the State Authority or the Government of a State—
(i)
make a memorial on the register document of title to the effect that the registered interest in land to which the application relates has reverted to the State; and
(ii)
destroy the issue document of title if it is in his possession or he is able to secure its production;
(b)
in any other case—
(i)
make a memorial on the register document of title to the effect that the registered interest in land to which the application relates has been vested in the transferee; and
(ii)
after making a memorial to the same effect on the issue document of title, transmit the issue document to the transferee.
(3
) Where the Registrar is satisfied that the registrable interest in land in respect of which the application under paragraph (1)(b)
is made has been vested in the transferee under the written law specified in the application, the Registrar shall, upon the presentation of the application, register the said registrable interest in land in the name of the transferee.
(4
) The registration of the registered interest in land or the registrable interest in land, as the case may be, in the name of the transferee shall be effected under subsection (2) or (3), notwithstanding anything inconsistent therewith, or contrary thereto, contained in Part Fourteen.
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Substitution of transferee for transferor in documents of entitlement
Section 416
Any lease of reserved land or underground land below reserved land, any temporary occupatio...
Form 30c, be amended by the Registrar by substituting therein for the name of the transferor the name of the transferee, upon the
Registrar being satisfied that a statutory vesting in the transferee of the same has been effected.
(2
) The substitution of the name of the transferee for that of the transferor under subsection (1) shall have effect from the date on which the statutory vesting took effect.
(3
) A statutory vesting effected under this section shall have full force and effect in every respect and for every purpose, notwithstanding anything to the contrary or inconsistent therewith contained in this Act, or in the term or condition of any lease, temporary occupation licence, permit, combined licence and permit, permit to use air space or approval referred to in subsection (1).
Recording of reservation of land in favour of transferee 416a. (1) Subject to subsection (4), any reservation of State land in favour of the transferor under this Act or under any previous land law, or by virtue of the provisions of the repealed Clause (4)
of Article 166 of the Federal Constitution, shall, upon application made by the transferee in Form 30d, be recorded as a reservation in favour of the transferee upon the Land Administrator being satisfied that the statutory vesting in the transferee of such reservation of State land has been effected.
389
National Land Code 573
Provisions of the
National Land Code
Modification
Section 416
In its application to the Federal Territory of Kuala
Lumpur—
(1
) substitute for the words “the State Authority or the Government of a State” appearing in subsection (3)(a) thereof the words “the
Government of the Federation”;
(2
) substitute for the word “State” appearing in subparagraph (3)(a)(i) thereof, the words
“Government of the Federation”.
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(2
) A statutory notification in Form 30e of a recording made by the Land Administrator under subsection (1) shall be published in the Gazette and shall have effect from the date on which the Federal Government releases the land to the State and such notification shall designate the officer, employee or agent of the transferee for the time being who shall have control of the reserved land, and any such designation shall be by reference to the office of the officer, employee or agent, as the case may be.
(3
) Where a notification has been published under subsection (2), the reference to “officer” in subsection 63(1) shall include a reference to the officer, employee or agent of the transferee mentioned in such notification.
(4
) The foregoing subsections shall not apply to any land to which Article 85 of the Federal Constitution applies, but if the reservation of such land ceases under Clause (3) of the said
Article 85, the State Authority shall, upon application by the transferee in Form 30d, make a reservation thereof in favour of the transferee by recording the land as being reserved in favour of the transferee for the statutory purposes of the transferee which shall be deemed to be public purposes, and where such recording has been made subsections (2) and (3) shall apply as if it were a recording under subsection (1).
Provisions in respect of lands falling under Clause (3) of
Article 166 of the Federal Constitution 416b. Where any land in Malacca or Penang is occupied, used, controlled and managed by the transferor under Clause (3)
of Article 166 of the Federal Constitution immediately before a statutory vesting takes effect, the State Authority may, by virtue of paragraph (a) of Clause (3) of Article 166, with the written consent of the Federal Government and upon application in writing by the transferee—
(a)
permit the whole or part of such land to be occupied, used, controlled and managed by the transferee on such terms and conditions as may be agreed between the Federal Government, the State Authority, and the transferee; or 390
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Provisions of the
National Land Code
Modification
Section 416b
In its application to the Federal Territory of Labuan, delete this section.
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(b)
alienate such land to the transferee on such terms and conditions as may be specified by the State Authority, under and in accordance with this Act, and agreed upon by the Federal Government and accepted by the transferee.
Provisions as to rights in whole or part of alienated land vested in the transferee 416c. (1) Where the whole or a part of any alienated land held by the transferor is occupied, used, controlled or managed by the transferee under any right or entitlement derived by way of a donation, gift, bequest, permission, consent, or otherwise howsoever, from the transferor or any predecessor in title of the transferor for any of the statutory purposes of the transferee immediately before the statutory vesting takes effect, the transferee’s right to such occupation, use, control or management shall, upon application in writing by him to the Registrar, be endorsed on the register document of title to the land, where the Registrar is satisfied that the statutory vesting of such right or entitlement in the transferee has taken effect.
(2
) The right endorsed on the register document of title under subsection (1) shall have effect from the date on which the statutory vesting took effect and shall subsist throughout the duration of that title and be binding on every subsequent proprietor of the land.
Transferee to succeed to applications by transferor, and to proceedings to which transferor is a party 416d. Where any application under this Act made by the transferor, or any other proceedings under this Act to which the transferor is a party, is pending before the State Authority, the
State Director, the Registrar, or a Land Administrator, as the case may be, immediately before the statutory vesting took effect, the transferee shall succeed to such application as the applicant, or to such proceedings as a party thereto, immediately upon the
State Authority, the State Director, the Registrar, or the Land
Administrator, as the case may be—
(a)
being notified of the vesting by the transferee, or the transferor, or by any other person having a direct interest in the application or the proceedings; and 391
National Land Code 577
Provisions of the
National Land Code
Modification
Section 416d
In its application to the Federal Territory of Labuan—
(1
) substitute for the words “, the State Director, the Registrar, or a Land Administrator” and “, the State Director, the Registrar, or the Land
Administrator” the words ”the State Director or the Registrar”;
(2
) in paragraph (b), delete the words “, 416b,”.
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(b)
being satisfied that action under section 415, 416, 416b, or 416c, as may be applicable, if any, has been completed, and the same shall, thereafter, continue to be dealt with and proceeded to final conclusion thereof in the same manner and to the same effect as if the transferee were the transferor who made the application, or became a party to the proceedings at the same time that the transferor became a party thereto.
Procedure where transferee unable to produce the issue document of title or document of entitlement 416e. (1) Where the Registrar is satisfied that there are good and sufficient reasons for a transferee being unable to produce the issue document of title or the relevant document of entitlement, as the case may be, for the statutory vesting to be effected in his favour, the Registrar shall—
(a)
where the statutory vesting is of a registered interest or a registrable interest in land consisting of proprietorship of the whole of the land, direct the preparation and issue to the transferee, in the manner provided in subsection (2), of a fresh issue document of title to replace the issue document of title which the transferee is unable to produce; or
(b)
where the statutory vesting is of an entitlement to which section 416 applies, direct the preparation and issue to the transferee, in the manner provided in subsection (3), of a fresh document of entitlement to replace the document of entitlement which the transferee is unable to produce.
(2
) The fresh issue document of title prepared and issued under paragraph (1)(a) shall contain in it all the particulars, details, endorsements and entries contained in the register document of title and shall state that it is issued under paragraph (1)(a) and that upon its issue every previous issue document of title in respect of the said land stands cancelled and is rendered null and void.
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National Land Code 579
Provisions of the
National Land Code
Modification
Laws of Malaysia 580
Act 828
Provisions of the
National Land Code
Modification
Section 417
In its application to the Federal Territory of Labuan—
(1
) in subsection (1), delete the words “or any Land
Administrator” and “or Land Administrator”;
(2
) in subsection (2), delete the words “or any Land
Administrator”;
(3
) in subsection (3), delete the words “or Land
Administrator”.
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National Land Code 581
(3
) Where a fresh document of entitlement is prepared and issued under paragraph (1)(b), it shall contain all the particulars, details and entries contained in the records of the Registrar in respect of the entitlement to which it relates and shall be endorsed with a statement that it is issued under paragraph (1)(b) and that upon its issue every previous document issued in respect of the entitlement stands cancelled and is rendered null and void.
(4
) Where the Registrar issues a fresh issue document of title under paragraph (1)(a) or a fresh document of entitlement under paragraph (1)(b), he shall, as soon as practicable thereafter, publish a notification in respect of such issue in the Gazette in Form 30f.
(5
) Where the statutory vesting is in respect of a registered interest in land or a registrable interest in land consisting of an interest other than the proprietorship of the whole of the land, and the Registrar is satisfied that there are good and sufficient reasons for the transferee being unable to produce the issue document of title in respect of the land, the registration of the registered interest in the land or registrable interest in the land, as the case may be, shall be effected by making a memorial of the same on the register document of title in respect of the land, and such registration shall be valid in all respects and for all purposes, notwithstanding the absence of a similar memorial on the issue document of title or the absence of the issue document of title.
(6
) Upon the making of a memorial on the register document of title under subsection (5), the Registrar shall, as soon as practicable thereafter, publish a notification thereof in the Gazette in Form 30g.
Part Thirty-One—JURISDICTION OF THE COURT
General authority of the Court
Section 417
The Court or a Judge may by order direct the Registrar or any Land Administrator to do all...
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(2
) Where, pursuant to any order made by virtue of this section, the Registrar or any Land Administrator—
(a)
cancels any instrument relating to land, or any memorial or other entry on any such instrument, or
(b)
makes any other amendment of, or addition to, any such instrument, he shall note thereon the reason for the cancellation, amendment or addition, and the date thereof, and shall authenticate the same by his signature and seal.
(3
) Where the Registrar or Land Administrator takes action under this section in respect of any land or any share or interest therein, he shall cause notice of his action to be served upon any person or body having a claim protected by caveat affecting the land, share or interest.
Appeals to the Court
Section 418
Any person or body aggrieved by any decision under this
Act of the State Director, the Registrar or any Land Administrator may, at any time within the period of three months beginning with the date on which it was communicated to him, appeal therefrom to the Court.
(2
) Any such appeal shall be made in accordance with any written law for the time being in force relating to civil procedure; and the Court shall make such order thereon as it considers just.
(3
) In this section, “decision” includes any act, omission, refusal, direction or order.
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Provisions of the
National Land Code
Modification
Subsection 418(1)
In its application to the Federal Territory of Labuan, substitute for the words “, the Registrar or any
Land Administrator” the words “or the Registrar”.
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Power of Registrar and Land Administrator to refer questions to the Court
Section 419
The Registrar and, subject to subsection (3), any Land
Administrator may, if he considers it necessary or desirable to do so, refer to the Court any question arising in the exercise or performance of any power or duty conferred or imposed on him by or under this Act.
(2
) Any such reference shall be made in accordance with any written law for the time being in force relating to civil procedure;
and the Court shall on any such reference either determine the question in issue or make such other order as it may consider appropriate in the particular circumstances of the case.
(3
) No Land Administrator shall refer any question to the Court pursuant to this section except with the prior approval in writing of the State Director.
Registration of vesting orders
Section 420
Notwithstanding anything in any other written law, no order of the Court vesting any aliena...
(2
) The Court shall, accordingly, cause a copy of any such order to be served on the Registrar or, as the case may be, Land
Administrator forthwith after the making thereof; and the Registrar or Land Administrator, upon receiving any such copy, shall give effect to the order by making a memorial of the vesting on the register document of title to the land to which, or a share or interest in which, the order relates.
(3
) The Registrar or Land Administrator shall sign and seal every memorial made by him pursuant to this section, and, if able to secure the production of the instrument in question, shall make a copy of the memorial on the issue document of title to the said land or, where the order relates to a lease or a charge, on the duplicate thereof.
395
National Land Code 585
Provisions of the
National Land Code
Modification
Section 419
In its application to the Federal Territory of Labuan—
(1
) in the shoulder note, delete the words “and Land
Administrator”;
(2
) in subsection (1), delete the words “and, subject to subsection (3), any Land Administrator”;
(3
) delete subsection (3).
Section 420
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), delete the words “or, as the case may be, Land Administrator” and “or
Land Administrator,”;
(2
) delete the words “or Land Administrator”
wherever they appear.
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(4
) Where the Registrar or Land Administrator takes action under this section in respect of any land or any share or interest therein, he shall cause notice of his action to be served upon any person or body having a claim protected by caveat affecting the land, share or interest.
Taking of proceedings in name of proprietor, etc.
Section 421
Any person or body in whom any alienated land, or any share or interest therein, is for the...
Interpretation 421a. For the purposes of sections 417 and 420, “Court” includes a Syariah Court.
Part Thirty-One (A)—POWER OF INVESTIGATION
Power of investigation 421aa. (1) Any State Director or Land Administrator shall have the power to investigate the commission of any offence under this Act.
(2
) Every person required by the State Director or Land
Administrator to give information or produce any document or other article relating to the commission of such offence which is in the person’s power to give shall be legally bound to give the information or to produce the document or other article.
Power to require attendance of witnesses 421ab. (1) The State Director or Land Administrator making an investigation under section 421aa may by order in writing require the attendance before himself of any person who appears to him to be acquainted with the circumstances of the case, and such person shall attend as required.
396
National Land Code 587
Provisions of the
National Land Code
Modification
Section 421a
In its application to the Federal Territory of Labuan, insert after the words “Syariah Court” the words
“and a Native Court”.
Laws of Malaysia 588
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(2
) If any such person fails to attend as so required, the State
Director or Land Administrator, as the case may be, may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order aforesaid.
(3
) A person attending as required under subsection (1) shall be entitled to be paid the reasonable travelling and subsistence expenses incurred by him; and it shall be lawful for the State
Director or Land Administrator to pay such expenses.
Examination of witnesses 421ac. (1) The State Director or Land Administrator making an investigation under section 421aa may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2
) Such person shall be bound to answer all questions relating to such case put to him by such officer:
Provided that such person may refuse to answer any question, the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.
(3
) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4
) The State Director or Land Administrator examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5
) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
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Part Thirty-Two—POWERS OF ARREST AND SEIZURE AND
PENALTIES
Penalty for false statements, etc.
Section 422
Any person who—
(a)
knowingly makes any false statement, orally or in writing, in connection with any dealing or other transaction affecting land, or any other matter arising under this
Act, or
(aa)
knowingly gives any false information or makes any false statement, either orally or in writing, in connection with any investigation into the commission of any offence under this Act;
(b)
knowingly gives false evidence at any enquiry held under this Act, or
(c)
fraudulently procures—
(i)
the registration or issue of any document of title or other instrument relating to land, or
(ii)
the making of any memorial or other entry on any such document or instrument, or
(iii)
the cancellation or amendment of any such document or instrument, or of any memorial or other entry thereon, or
(d)
suppresses or conceals from the Registrar, or assists or joins in so doing, any material document, fact or matter, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
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Penalty for fraudulent alteration, destruction, etc., of documents 423.
Any person who fraudulently alters, adds to, erases, defaces, or destroys any document of title or other instrument relating to land, or any memorial or other entry on any such document or instrument, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
Penalty for failure to produce documents
Section 424
Any person or body who, without reasonable excuse, fails to produce or deliver any document...
commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one month or to both.
(2
) Any person who, without reasonable excuse, fails to produce any document as required by a notice lawfully served on him under subsection 398a(2) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Unlawful occupation, etc., of State land, reserved land or mining land
Section 425
Any person who, without lawful authority—
(a)
occupies, or erects any building on, any State land, reserved land or mining land, or
(b)
clears, ploughs, digs, encloses or cultivates any such land or part thereof; or 399
National Land Code 591
(c)
cuts or removes any timber or produce on or from such land, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(1a
) Any person who abets the commission of an offence under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2
) For the purpose of this section, State land shall include all land held by or on behalf of Federal or State Government or a local authority or a statutory authority exercising powers vested in it by federal or State law.
(3
) (Deleted by Act A264).
(4
) (Deleted by Act A264).
Unlawful use of air space above State land or reserved land 425a. Any person who without lawful authority uses or occupies the air space above State land or reserved land by erecting, maintaining or occupying a roof, canopy, bridge or any other structure commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Unlawful extraction or removal of rock material
Section 426
Any person who, without lawful authority, extracts, removes or transports, or permits the e...
400
Laws of Malaysia 592
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(1a
) Any person who has in his possession or custody, or under his control, any rock material otherwise than in the form in which it constitutes a natural part of the land on which it is found, shall be presumed to have extracted, removed, or transported, or permitted the extraction, removal, or transportation of, rock material without lawful authority.
(1b
) Any person who abets the commission of an offence under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2
) Any person convicted of an offence under this section may be ordered to pay to the State Authority, in addition to any fine imposed on the conviction, compensation equal to the value of the rock material in question, and of any timber felled or damaged in the course of its extraction.
(3
) For the purposes of subsection (2), the value of any rock material or timber shall, in the absence of evidence to the contrary, be taken as such amount as the Land Administrator may certify;
and any sum ordered to be paid by virtue of that subsection shall be recoverable as if it were a fine imposed on the conviction.
Power of arrest, seizure, etc.
Section 426a
Any police officer not below the rank of Inspector,
Registrar, Land Administrator, Settlement Officer or other officer duly authorized by the State Authority (hereinafter in this Part referred to as “authorized officer”) may without warrant—
(a)
arrest any person found committing or attempting to commit or abetting the commission of an offence under section 425 or 426;
(aa)
stop and examine any vehicle, tractor or any other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;
401
National Land Code 593
Provisions of the
National Land Code
Modification
Section 426a
In its application to the Federal Territory of Labuan, delete the words “Land Administrator” wherever they appear.
Laws of Malaysia 594
Act 828
(b)
seize any vehicle, tractor, agricultural implement or other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;
(c)
demolish, destroy or remove any building, or take possession in the name of the State Authority of any crop, erected or cultivated on any land in contravention thereof.
(2
) When a Registrar, Land Administrator, Settlement Officer or authorized officer exercises his powers of arrest, seizure or removal under subsection (1), he shall declare his office or authority and produce for inspection to any person against whom he is acting, an authority card to be prescribed by the State
Authority.
(3
) A Registrar, Land Administrator, Settlement Officer or authorized officer may call upon any police officer for assistance in the exercise of the powers conferred under subsection (1), and it shall be the duty of every police officer to comply with any such request.
(4
) A Registrar, Land Administrator, Settlement Officer or authorized officer making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to a police officer or take such person to the nearest police station;
and the provisions of the Criminal Procedure Code [Act 593]
shall apply in relation to the person so arrested.
(5
) Whenever any thing is seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode, if known:
Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, as the case may be.
402
National Land Code 595
Provisions of the
National Land Code
Modification
Laws of Malaysia 596
Act 828
Provisions of the
National Land Code
Modification
Subsection 426b(2)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
National Land Code
National Land Code 597
(6
) Any person who fails to cooperate with the authorized officer in the exercise of his power under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Custody and delivery of things seized 426b. (1) Where a Settlement Officer or an authorized officer has seized any thing in exercise of his powers under section 426a, he shall as soon as may be inform of the fact to the Land Administrator, who shall direct the Settlement
Officer or the authorized officer as to the proper custody of the thing, and if the thing is a thing which may be delivered to a police officer under subsection (2), may direct that it is so delivered.
(2
) The Registrar or Land Administrator or if there is a direction under subsection (1), the Settlement Officer or authorized officer, may deliver to a police officer—
(a)
any movable property (other than any thing seized under paragraph 426a(1)(b)) remaining on the land after a person has been arrested or building has been demolished or removed under paragraph 426a(1)(c);
and
(b)
any of the materials composing a building so demolished or removed, and property or materials so delivered shall be disposed of in accordance with section 22 of the Police Act 1967 [Act 344].
403
Laws of Malaysia 598
Act 828
Forfeiture of things seized 426c. (1) All things seized in exercise of the powers conferred by paragraph 426a(1)(b) shall be liable to forfeiture.
(2
) Where any thing has been seized under paragraph 426a(1)(b), a police officer not below the rank of Inspector, Registrar or
Land Administrator may, at his discretion, temporarily return such thing to the owner of the same on security being furnished to the satisfaction of the police officer, Registrar or Land Administrator that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(3
) An order for the forfeiture or for the release of any thing seized in exercise of the powers conferred under paragraph 426a(1)(b)
shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of that court that an offence under section 425 or 426 has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence.
(4
) If there be no prosecution with regard to any thing seized in exercise of the powers under that paragraph, such thing shall be taken and deemed to be forfeited at the expiration of one month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a)
any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the police officer, Registrar or Land Administrator in whose possession such thing is held that he claims the same;
(b)
in receipt of such notice, the police officer, Registrar or
Land Administrator, as the case may be, shall refer the claim to a Sessions Court Judge for decision;
404
National Land Code 599
Provisions of the
National Land Code
Modification
Section 426c
In its application to the Federal Territory of Labuan—
(1
) in subsection (2), substitute for the words “,
Registrar or Land Administrator” wherever they appear the words “or Registrar”;
(2
) in subsection (4)—
(a)
in paragraph (a), substitute for the words
“, Registrar or Land Administrator” the words “or Registrar”; and
(b)
in paragraph (b), substitute for the words
“, Registrar or Land Administrator as the case may be,” the words “or Registrar”.
Laws of Malaysia 600
Act 828
(c)
the Sessions Court Judge to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the matter and on proof that an offence under section 425 or 426 has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order its release.
(5
) All things forfeited or deemed to be forfeited shall be delivered to the Land Administrator and shall be disposed of in accordance with the direction of—
(a)
the State Director;
(b)
the Director General of Lands and Mines, where the offence is committed on land held by or on behalf of the Federal Government; or
(c)
by the authority concerned, where the offence is committed on land held by or on behalf of, a local authority, or a statutory authority exercising powers vested in it by federal or State law.
(6
) Where any thing seized in exercise of the powers conferred under paragraph 426a(1)(b) is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the State Director, the Director General of Lands and Mines or the authority concerned, as the case may be, may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.
405
National Land Code 601
No costs or damage arising from seizure to be recoverable 426d. No person shall in any proceedings before any court in respect of the seizure of any thing seized in exercise or the purported exercise of the powers conferred under section 426a be entitled to the costs of such proceedings or subject to section 426c to any damages or other relief unless such seizure was made without reasonable or probable cause.
Unlawful grazing of animals
Section 427
No person shall graze any animal on any State land or reserved land except pursuant to, and...
Administrator or, in the case of reserved land, the officer for the time being having the control thereof.
(2
) Any person who contravenes subsection (1), or any permit issued under subsection (1), commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
Obstruction of Land Administrators’ rights of way, roads and other public places
Section 428
Where the Land Administrator is satisfied that there has been any wrongful obstruction of,...
Administrator’s right of way, or any public road or waterway or other place to which the public are entitled to access, he may make an order requiring the person or persons responsible therefor to remove the obstruction or encroachment, and, if the order is not complied with within the time specified therein, may himself take such steps as may be necessary for that purpose.
(2
) Any person who wrongfully obstructs or encroaches upon any such right of way, road, waterway or place commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
406
Laws of Malaysia 602
Act 828
(3
) Any person convicted of an offence under this section may, in addition to any fine imposed on the conviction, be ordered to pay to the State Authority the costs (as certified by the Land
Administrator) of any steps reasonably taken under subsection (1)
for the removal of the obstruction or encroachment in question;
and any sum ordered to be so paid shall be recoverable as if it were a fine so imposed.
Wrongful receipt of information 428a. If any person receives any information relating to any matter knowing or having reasonable grounds to believe at the time he receives it that the information is communicated or divulged to him in contravention of section 19, he commits an offence unless he proves that the information was communicated or divulged to him contrary to his desire, and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Offences committed by body corporate: officers deemed to be guilty 428aa. (1) Where a person charged with an offence under this
Act or any rules made under this Act is a body corporate, every person who at the time of the commission of the offence is a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.
(2
) Any person who would be liable under this Act or any rules made under this Act to any penalty for anything done or omitted if the thing had been done or omitted by him personally shall be liable to the same penalty if the thing had been done or omitted by his agent, unless he proves that he took reasonable precautions to prevent the doing or omission of the thing.
407
National Land Code 603
Miscellaneous penalties 429.
Any person contravening the provisions of—
(a)
section 19 (which prohibits officers appointed under this
Act from divulging matters coming to their knowledge in the performance of their duties), or
(b)
section 20 (which relates to the purchase of land by officers so appointed), or
(c)
subsection 375(2) (which prohibits the removal of registers of title, etc., from Registries and Land Offices), or
(d)
subsection 379(1) (which relates to notifying the Registrar of a change of address), commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months.
Institution of prosecution 429a. No prosecution for or in relation to any offence under this
Act shall be instituted except by or with the consent in writing of the Public Prosecutor.
Compounding of offences 429b. (1) The State Director or Land Administrator may, with the written consent of the Public Prosecutor, make a written offer to the person suspected of having committed an offence, which is prescribed to be compoundable, to compound the offence upon payment to the State Director or Land Administrator such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.
408
Laws of Malaysia 604
Act 828
(2
) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted and where the amount specified in the offer is not paid within the time specified in the offer or within such extended time as the State Director or Land Administrator may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(3
) Where an offence has been compounded under subsection (1)—
(a)
no prosecution shall thereafter be instituted in respect of such offence against the person whom the offer to compound was made; and
(b)
any book, record, apparatus, equipment, instrument, material, article or any other thing seized in connection with the offence, may be forfeited, destroyed or returned to that person, as the State Director or Land Administrator deems fit after taking into consideration the nature of the offence and subject to such terms and conditions as may be imposed.
Part Thirty-Three—SERVICE AND PUBLICATION OF NOTICES
Interpretation 430.
In this Part, “notice” includes any notification, instrument or other document authorized or required by this Act to be served on any person or body.
Methods of service
Section 431
Without prejudice to any other method of service, a notice may be served on a person or bod...
(a)
by delivering the notice to the person; or 409
National Land Code 605
(b)
by delivering the notice—
(i)
at the person’s usual or last known place of abode or business to his servant or to an adult member of his family; or
(ii)
at the body’s registered office or usual or last known place of business to its servant or agent;
or
(c)
by leaving the notice in a cover addressed to the person or body—
(i)
at the person’s usual or last known abode or place of business; or
(ii)
at the body’s registered office or usual or last known place of business; or
(d)
by sending the notice by prepaid registered post to the person or body at an address for service given in pursuance of any provision of this Act or, where no such address has been given—
(i)
at the person’s usual or last known abode or place of business; or
(ii)
at the body’s registered office or usual or last known place of business; or
(e)
by substituted service in accordance with section 432.
(2
) A notice served by prepaid registered post under paragraph (1)(d) shall be deemed to have been served at the time when the letter containing the notice would be delivered in the ordinary course of post; and it shall be sufficient proof of service that the letter was properly addressed in accordance with that paragraph and placed in the post:
Provided that, where the letter is returned through the post undelivered, the notice shall not be deemed to have been served.
410
Laws of Malaysia 606
Act 828
Service where proprietor is dead 431a. Where a proprietor who would otherwise be served with a notice is dead, the Registrar or the Land Administrator may cause the notice to be served on any adult member of his family.
Substituted service
Section 432
The Registrar of the Land Administrator, where he is satisfied that a notice affecting land...
(a)
by affixing a copy of the notice in a conspicuous position—
(i)
on the land where possible; and
(ii)
on a courthouse, mosque or penghulu’s office or balai, or a community hall or other public place as he thinks fit, in the area in which the land is situated; and
(b)
by publishing a copy of the notice in the Gazette and, if he thinks fit, in one or more of the newspapers circulating in the State.
(2
) For the purposes of subsection (1) a notice relating to a document of title to any land shall be deemed to be a notice affecting the land.
411
National Land Code 607
Provisions of the
National Land Code
Modification
Subparagraph 432(1)(a)(ii)
In its application to the Federal Territory of Labuan, delete the words “or penghulu’s office or balai,”.
Laws of Malaysia 608
Act 828
Publication of certain notices and notifications 433.
Any provision of this Act requiring a copy of a notice or notification affecting land to be published in accordance with this section shall be construed as requiring a copy of the notice or notification to be—
(a)
affixed in a conspicuous position—
(i)
on the land; and
(ii)
on a courthouse, mosque or penghulu’s office or balai, or a community hall or other public place as the State Director or Registrar or Land
Administrator thinks fit, in the area in which the land is situated; and
(b)
where the State Authority considers that publication in a newspaper is desirable, published in such newspapers circulating in the State as the State Director thinks fit.
Part Thirty-Three (A) —RESTRICTIONS IN RESPECT OF
NON-CITIZENS AND FOREIGN COMPANIES
Interpretation 433a. For the purposes of this Part—
“foreign company” means—
(a)
a foreign company as defined in the Companies Act 2016
[Act 777];
(b)
a company incorporated under the Companies Act 2016
with fifty per cent or more of its voting shares being held by a non-citizen, or by a foreign company referred to in paragraph (a), or by both, at the time of the proposed acquisition of any land or any interest in land or at the time of the execution of the instrument or deed in respect of any alienated land or any interest therein, as the case may be; or 412
National Land Code 609
Provisions of the
National Land Code
Modification
Subparagraph 433(a)(i)
In its application to the Federal Territory of
Labuan, delete the words “and on the penghulu’s office or balai”.
Laws of Malaysia 610
Act 828
(c)
a company incorporated under the Companies Act 2016
with fifty per cent or more of its voting shares being held by a company referred to in paragraph (b), or by a company referred to in paragraph (b) together with a non-citizen or a foreign company referred to in paragraph (a), at the time of the proposed acquisition of any land or any interest in land or at the time of the execution of the instrument or deed in respect of any alienated land or any interest therein, as the case may be;
“non-citizen” means a natural person who is not a citizen of
Malaysia.
Non-citizens and foreign companies may acquire, etc., land only with approval of State Authority 433b. (1) Notwithstanding anything contained in this Act or in any other written law—
(a)
a non-citizen or a foreign company may acquire land by way of a disposal under Division II;
(b)
a dealing under Division IV with respect to alienated land or an interest in alienated land may be effected in favour of a non-citizen or a foreign company;
(c)
alienated land, or any share or interest in such land, may be transferred or transmitted to, or vested in, or created in favour of any person or body as “trustee”, or of two or more persons or bodies as “trustees”, where the trustee or one of the trustees, or where the beneficiary or one of the beneficiaries, is a non-citizen or a foreign company;
(d)
the Registrar may in respect of any land register any person or body as “representative” or make a memorial in favour of any person or body as “representative”
if such person or body is a non-citizen or a foreign company;
413
National Land Code 611
(e)
the Registrar may endorse any memorial of transmission on the register document of title to any land in favour of a non-citizen or foreign company, but only after the prior approval of the State Authority has been obtained upon an application in writing to the State Authority by such non-citizen or foreign company:
Provided that no such approval shall be required in respect of—
(aa)
(deleted by Act A1516);
(ab)
any dealing effected pursuant to a sale and purchase agreement for which an approval has been granted under section 433e and executed by the same parties in such agreement; and
(ac)
any dealing or act with regard to alienated land or any interest in land exempted by rules made under paragraph 14(1)(aa).
(2
) Where the State Authority grants any approval under subsection (1) it may be made subject to such terms and conditions as may be specified by the State Authority and to the payment of such levy as may be prescribed.
(2a
) The State Authority may, where its approval under subsection (1) is given subject to the payment of such levy as may be prescribed, remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, any part of such levy:
Provided that the State Authority shall not remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, such levy except in accordance with the directions of the National Land Council.
(3
) Notwithstanding subsection (1), but subject to subsection (4), it shall not be necessary for a non-citizen or a foreign company to obtain the approval of the State Authority for the purpose of taking a charge or a lien in respect of any alienated land or any undivided share in such land or any lease of such land under
Part Sixteen.
414
Laws of Malaysia 612
Act 828
(4
) Where an order for sale has been made under section 256,
263, or 281, as the case may be, a non-citizen or a foreign company, whether or not he is the chargee or a lienholder, shall not be entitled to bid at the sale where the land is subject to the category “agriculture” or “building” or “industry” or to any condition requiring its use for any agricultural or building or industrial purpose, as the case may be, without the approval of the State Authority.
(5
) (Deleted by Act A1516).
(6
) Subsections (3) and (4) shall apply to any charge effected, or any lien created, whether before or after the commencement of this Part.
Disposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and void 433c. After the commencement of this Part, any disposal of land by the State Authority, or any dealing or other act with regard to alienated land or any interest therein, in contravention of section 433b shall be null and void.
Saving 433d. (1) Nothing contained in this Part shall render invalid anything done under this Act or any previous land law before the commencement of this Part.
(2
) Nothing contained in this Part shall render invalid any instrument effecting any dealing in any alienated land or any interest therein in favour of a non-citizen or in favour of a foreign company executed before the commencement of this
Part and stamped in accordance with the provisions of the
Stamp Act 1949 either before or within one month after the commencement of this Part.
415
National Land Code 613
Provisions of the
National Land Code
Modification
Subsection 433b(4)
In its application to the Federal Territory of Labuan, delete the words “, 263,”.
Laws of Malaysia 614
Act 828
Other conveyances or disposal to non-citizen or foreign company subject to approval and payment of levy, etc.
Section 433e
Subject to any written law, a person or body desiring to convey or dispose of, in a manner...
Provided that no such approval shall be required in respect of—
(a)
(deleted by Act A1516);
(b)
any conveyance or disposal or act with regard to alienated land or any interest in land exempted by rules made under paragraph 14(1)(aa).
(2
) Where the State Authority grants any approval under subsection (1), it may be made subject to such terms and conditions as may be specified by the State Authority and to the payment of such levy as may be prescribed.
(2a
) The State Authority may, where its approval under subsection (1) is given subject to the payment of such levy as may be prescribed, remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, any part of such levy:
Provided that the State Authority shall not remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, such levy except in accordance with the directions of the National Land Council.
(3
) Any person or body conveying or disposing of, or any non-citizen or foreign company accepting the conveyance or disposal of, any alienated land or any interest therein in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand ringgit.
416
National Land Code 615
Provisions of the
National Land Code
Modification
Laws of Malaysia 616
Act 828
Provisions of the
National Land Code
Modification
Section 433f
In its application to the Federal Territory of
Labuan, in subsections (1) and (2), substitute for the words “commencement of this section” the words “commencement of the extended Code”.
National Land Code
National Land Code 617
(4
) Nothing contained in this section shall render invalid anything done before the commencement of this section if—
(a)
in respect of an instrument or a deed executed before 27 October 1995, the instrument or deed has been stamped in accordance with the Stamp Act 1949 either before or within one month after the commencement of this section; or
(b)
the instrument or deed effecting any conveyance or disposal of any alienated land or any interest therein in favour of a non-citizen or a foreign company was executed on or after 27 October 1995 but before the commencement of this section, and—
(i)
an application in writing is made within three months of the commencement of this section for an approval under this section;
(ii)
any levy imposed in respect thereof has been paid; and
(iii)
the instrument or deed has been stamped in accordance with the Stamp Act 1949 either before or within one month after the commencement of this section.
(5
) After the commencement of this section, any conveyance or disposal, in a manner other than those specified in subsection 433b(1), of any alienated land or any interest therein in contravention of this section shall be null and void.
Execution by non-citizen or foreign company under power of attorney void 433f. (1) Unless approval is not required under section 433b or 433e or unless a disposal of land or dealing or other act with regard to alienated land or any interest in land has been exempted under rules made under section 14 after the commencement of this section, any deed or instrument executed by a non-citizen or a foreign company under a power of attorney in respect of any alienated land or any interest therein in favour of any person or body shall be void, and, in the case of an instrument of dealing, be incapable of registration.
417
Laws of Malaysia 618
Act 828
(2
) Nothing contained in this section shall render invalid any deed or instrument effected by a non-citizen or a foreign company under a power of attorney in respect of any alienated land or any interest therein in favour of any person or body before the commencement of this section and stamped in accordance with the provisions of the Stamp Act 1949 either before or within one month after such commencement.
Levy to be paid within thirty days of service of notice of approval 433g. Any levy payable under this Part shall be paid in full not later than thirty days from the date of the service of the notice of approval by the State Authority and if the levy is not paid within such time, the approval shall thereupon lapse.
Non-application of this Part, etc.
Section 433h
This Part shall not apply in the case of bodies and persons referred to in paragraph 43(c).
(2
) Without prejudice to subsection (1), no corporation considered to be foreign incorporated or registered under any written law shall be capable of holding any land except in accordance with this Part.
Part Thirty-Four—MISCELLANEOUS
Determination, and payment, of compensation under this Act
Section 434
Where, under any provision of this Act, any person or body is entitled in respect of any ma...
State Director or, in default of any such agreement, determined by arbitration.
418
National Land Code 619
(2
) For the purposes of the Arbitration Act 2005 [Act 646], every such arbitration shall be deemed to be pursuant to a submission—
(a)
providing for the question in dispute to be referred to two arbitrators, one to be appointed by the State
Director and the other by the person or body to whom the compensation is payable, and
(b)
expressly incorporating the provisions set out in paragraphs (2) to (9) of the First Schedule to that Act.
(3
) Any compensation agreed or determined in accordance with this section shall be payable to the person or body entitled thereto by the Government of the State.
Rules relating to rice cultivation
Section 435
The State Authority may make such rules as it may think fit with respect to the cultivation...
(2
) Rules made by the State Authority under this section may authorize the Land Administrator to dispose temporarily of any land in respect of which any requirement of any such rule has not been complied with, and may contain such provisions as to the method and effects of any such disposal, and such incidental and ancillary provisions (including provisions creating offences under this Act), as the State Authority may consider necessary or expedient.
419
Laws of Malaysia 620
Act 828
Supplementary provision as to forms and procedure 436.
The supplementary provisions in the Tenth Schedule shall have effect in relation to the forms in the First Schedule and in relation to the procedure to be followed in Registries and Land
Offices.
Particulars of identity card, etc., and of citizenship 436a. (1) In making any application under this Act, or in completing any Form in the First Schedule or under any subsidiary legislation made under this Act, which requires the name of a person to be inserted, there shall be included, in the case of a natural person, a description of his citizenship, and the number of the identity card issued to him under the National Registration Act 1959, or where no such identity card has been issued to him, the description and number of his passport, or other official document of identity, and in the case of a company, corporation, society, association or other body a statement as to its identity, the law under which it is constituted and whether or not it is a foreign company as defined in section 433a:
Provided that this section shall not apply in respect of the name of a public officer acting in his capacity as a public officer.
(2
) The name of any natural person to be inserted in any Form in the First Schedule or under any subsidiary legislation made under this Act shall be the name appearing on such person’s identity card issued under the National Registration Act 1959 or, where no such identity card has been issued to him, the name appearing in his passport or any other official document of identity.
Form of Presentation Book
Section 437
The Presentation Book maintained by the Registrar in pursuance of subsection 295(1) shall b...
420
National Land Code 621
Provisions of the
National Land Code
Modification
Laws of Malaysia 622
Act 828
Provisions of the
National Land Code
Modification
Section 439
In its application to the Federal Territory of Labuan, delete these sections.
National Land Code
National Land Code 623
Part Thirty-Five—REPEALS, TRANSITIONAL
PROVISIONS, ETC.
Repeal and amendment of existing laws
Section 438
The enactments specified in the Eleventh Schedule are repealed as from the commencement of...
(2
) The Yang di-Pertuan Agong may, at any time within the period of two years beginning with the commencement of this
Act, by order under this section—
(a)
repeal any other written law in force immediately before that commencement and rendered obsolete or unnecessary by any provision thereof;
(b)
make such repeals or amendments in any such law as he may consider necessary for the purpose of bringing the provisions thereof into accord with the provisions of this
Act, or of supplementing the last-mentioned provisions in any respect:
Provided that the power conferred by this subsection shall not be exercised in respect of a State law otherwise than with the concurrence of the State Authority.
Modifications for Federal Territory 438a. The Yang di-Pertuan Agong may by order provide for the application of this Act in the Federal Territory subject to such modifications as he may consider necessary or desirable.
Modifications for Penang and Malacca
Section 439
With the concurrence of the State Authority, the Yang di-Pertuan Agong may by order under t...
421
Laws of Malaysia 624
Act 828
(2
) The power conferred by subsection (1) may be exercised in such a way as to make different provision for the State of
Penang and the State of Malacca.
Modifications for Kelantan 440.
In its application to the State of Kelantan, this Act shall be subject to the modifications set out in the Twelfth Schedule.
Transitional provision with respect to rules, orders, etc.
Section 441
Any rule, order, regulation, direction, notice or notification made, given or issued before...
Transitional provision with respect to administrative areas 442.
Any areas constituted under the provisions of any previous land law, or recognized immediately before the commencement of this Act, as a district, subdistrict, mukim, town or village shall be deemed for the purposes of this Act to have been constituted as such pursuant to section 11.
Transitional provision with respect to officers 443.
Any person who, immediately before the commencement of this Act, was holding any office to which appointments may be made under section 6 or 12 shall continue in that office, and be deemed for the purposes of this Act to have been so appointed.
422
National Land Code 625
Provisions of the
National Land Code
Modification
Section 440
In its application to the Federal Territory of Labuan, delete these sections.
Section 442
In its application to the Federal Territory of Labuan, substitute for the words “mukim, town or village”
the words “town or country”.
Laws of Malaysia 626
Act 828
Transitional provision with respect to dealings, etc.
Section 444
Any instrument executed before the commencement of this Act and effecting any dealing permi...
(a)
the question whether any instrument so presented is fit for registration shall be determined by the Registrar by reference to the law in force at the time of its execution;
(b)
subject to paragraph (a), the provisions of this Act shall apply to any such instrument as if it had been executed after the commencement thereof.
Power of State Authority to make additional transitional provisions, etc.
Section 445
The State Authority may by rules make such provision as it may consider necessary or expedi...
Special provision for land subject to conditions in Second and
Third Schedules 446.
Notwithstanding any other provision of this Act, the provisions of the Thirteenth Schedule shall have effect in relation to any land which is subject to any of the additional implied conditions in the Second and Third Schedules.
Saving for rules of court, and procedure in cases not provided for
Section 447
Nothing in this Act shall affect the operation of any rules of court; and, if any provision...
423
National Land Code 627
(2
) A person or body seeking to take proceedings in the Court under this Act, and any party to proceedings so taken, may apply to the Court by summons in Chambers for procedural directions in respect of any matter not provided for; and the Court on any such application may make such order as it considers appropriate.
424
Laws of Malaysia 628
Act 828
First Schedule
[Sections 9 and 207]
FORMS
The Arabic number of any Form in this Schedule indicates the relevant
Part of this Act from which it is derived, e.g. Form 10a is a Form referred to in Part Ten.
New Forms, as opposed to substitute Forms, introduced after the commencement of this Act, if they are not capable of being conveniently fitted into the original system of numbering, are numbered as Form 1, Form 2, and so on consecutively according to the order of their coming into existence, and are arranged in that order after Form 34a.
National Land Code
Form 2a
[Section 27]
NOTICE OF ENQUIRY
An enquiry will be held at……………………………………………............
on …………………... at ……..hours in respect of the following matter:
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
Any person who has any interest in this matter or wishes to make any claim, objection or other submission should attend at the place and at the time specified and be prepared to give oral evidence and to produce any documentary evidence he may possess.
Any such person may be assisted at the enquiry by an advocate and solicitor.
Any such person may, by registered letter, apply for a postponement or for a change of venue, stating—
(a)
the reason for which such postponement or change is sought; and
(b)
the nature and substance of the evidence which he proposes to give or adduce.
425
National Land Code 629
Provisions of the
National Land Code
Modification
First Schedule – Form 2a
In its application to the Federal Territory of Labuan, delete the words “/Land Administrator” wherever they appear.
Laws of Malaysia 630
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 2b In its application to the Federal Territory of Labuan, at the end of the Form, delete the words “/Land
Administrator”.
National Land Code
National Land Code 631
Dated on ………………………….....
............................................................
Director/Registrar/Land Administrator
State/District...........................................
Supplement
To....................................................of......................................................................
I have reason to believe that you are interested in the subject matter of this enquiry.
Take notice that if you fail to make due appearance at the time and place specified the enquiry may proceed and be completed in your absence.
Dated on ………………………….....
............................................................
Director/Registrar/Land Administrator
State/District.........................................
National Land Code
Form 2b
[Section 15]
NOTICE TO PRODUCE A DOCUMENT
To..................................................................................................................
of……………………………………………………………….………………..........
Whereas it is necessary for me to inspect the following document/s relating to land, that is to say:
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
And whereas I have reason to believe—
*(a) that the said document/s is/are in your possession or control;
426
Laws of Malaysia 632
Act 828
*(b) that you possess information as to the whereabouts of the said document/s.
Now, in exercise of the powers conferred by section 15 of the National Land Code,
I hereby require you, within a period of ................................... from the date of service of this notice—
*(a) to produce the said document/s for inspection;
*(b) to produce the said document/s for the purpose of cancellation as
*new title/s in continuation thereof or upon conversion has/have been registered and the issue document/s is/are ready for collection/
title/s upon realienation will be issued;
*(ba) to produce the said document/s for the purpose of cancellation or for making of new memorial in respect of the said document of titles;
*(c) to give such information as you may possess as to the whereabouts of the said document/s;
*(d) to standardize the *express conditions/restrictions in interest.
And take notice that if, without reasonable excuse, you fail to *produce such document/s/give such information within the time specified you will be guilty of an offence against section 424 of the National Land Code.
Dated on ………………………….....
…………………………………………
Director/Registrar/Land Administrator
State/District........................................
* Delete as appropriate 427
National Land Code 633
Provisions of the
National Land Code
Modification
Laws of Malaysia 634
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 3a
In its application to the Federal Territory of Labuan, in the “SCHEDULE OF LAND/S”, in the first column, substitute for the words “Town/Village/
Mukim” the words “Town/Country”.
National Land Code
National Land Code 635
National Land Code
Form 3a
[Sections 60 and 61a]
NOTICE OF OBJECTION TO INTENDED WORKS
To the Land Administrator
...........................................District
I....................................................................................................................
......................................................of………………………....……………………….
*proprietor/lessee/tenant of—
*person entitled to the benefit of an easement over—
the land/s scheduled below, give notice that I object to the carrying out by
†the State Authority/............................................................................... of the
(Here insert name of person or body carrying out the work)
intended work described in Gazette Notification………………..……………...
The grounds of my objection are—
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
Dated on ………………………….....
Signed…………………….
Schedule
Schedule of Land/s
*Town/Village/
Mukim
*Lot/L.O. No.
Area
Description and No. of Title
*Delete as appropriate
†Delete/Insert as appropriate 428
Laws of Malaysia 636
Act 828 429
National Land Code
Form 4a
[Section 67]
(General Form)
CULTIVATION
PURPOSE OF OCCUPATION— *
PRIVATE RESIDENCE
PUBLIC PERFORMANCE, ETC.
⎧
⎪
⎨
⎪
⎩
FEE RM………(Ringgit Malaysia......................)
Paid vide Receipt No. ........................................
for period expiring on 31 December..................
FIRST RENEWAL: FEE RM..............................
(Ringgit Malaysia...............................................)
Paid vide Receipt No. ........................................
For period expiring on 31 December..................
SECOND RENEWAL: FEE RM.........................
(Ringgit Malaysia...............................................)
Paid vide Receipt No. ........................................
for period expiring on 31 December..................
THIRD RENEWAL: FEE RM.............................
(Ringgit Malaysia...............................................)
Paid vide Receipt No. ........................................
for period expiring on 31 December..................
Name of Licensee.............................................................................................
Address..............................................................................................................
NRIC No...........................................................................................................
is hereby licensed to occupy the land described below for the purpose, and at the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions prescribed by Rule.
T.O.L. No. A…………
………………………..
District
National Land Code 637
Provisions of the
National Land Code
Modification
First Schedule – Form 4a
In its application to the Federal Territory of Labuan, under the heading of “DESCRIPTION OF LAND”, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 638
Act 828
Issued on ………………………........….
....................................................................
Land Administrator/Authorized Officer
Description of Land
*Town/Village/Mukim……………………………………….………………………
*State Land/Reserve/Mining Land (Lease or M.C. No.)………..…………………..
Locality (or *Lot/L.O. No. if any)……………………………………………………
Area of Land to be occupied…………………………(*Sketch Plan overleaf).
Schedule
(1)
This licence shall commence on ………………………………………………
and expire on *31 December/ ……………...………………………………….
(2)
This licence *is not capable/is capable under Rule………...…………... of assignment.
(3)
This licence shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(4)
The land under licence may not be used—
(a)
for any purpose other than that stated above;
(b)
for the planting of permanent crops;
(c)
for the erection of any permanent building or other permanent structure.
(5)
This licence may be cancelled—
(a)
immediately, and without payment of compensation, upon the breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
....................................................................................................................
....................................................................................................................
....................................................................................................................
(Here insert any additional provisions)
* Delete as appropriate 430
National Land Code 639
Provisions of the
National Land Code
Modification
Laws of Malaysia 640
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 4b In its application to the Federal Territory of Labuan, under the heading of “DESCRIPTION OF LAND”, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 641
National Land Code
Form 4b
[Section 69]
(Special Form)
Purpose of Occupation — Extraction, Processing and Removal of Rock
Material, Viz, …………………
Occupation Fee RM ..........................................
Name of Licensee.............................................................................................
Address..............................................................................................................
NRIC No...........................................................................................................
is hereby licensed to occupy the land described below for the purpose, and at the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions prescribed by Rule.
Issued on ………………………........….
...................................................................
Land Administrator/Authorized Officer
Description of Land
*Town/Village/Mukim ………………………………………………………………
*State Land/Reserve/Mining Land (Lease or M.C. No.)………………….….………
Locality (or *Lot/L.O. No. if any)……………………………..………...………..…
Area of Land to be occupied……..……………………(*Sketch Plan overleaf).
Schedule
(1)
This licence is for a term of …………………expiring ……………………..
(2)
The maximum quantity of rock material which may be extracted shall be—
(i)
……………….. per annum; or
(ii)
……………….. in all, over the whole period.
T.O.L. No. B…………
………………………..
District 431
Laws of Malaysia 642
Act 828
(3)
In addition to the occupation fee, if any, stated above a fee shall be payable at the rate of ……..…… ringgit per ……….(unit quantity of the rock material).
(4)
This licence *is not capable/is capable under Rule…….…………of assignment.
(5)
This licence shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(6)
The land may not be used for any purpose other than the extraction, processing or removal of the type of rock material specified above.
(7)
The licensee may erect and use on the land such kilns, workshops, storerooms as are specified below—
....................................................................................................................
....................................................................................................................
(8)
This licence may be cancelled—
(a)
immediately, and without payment of compensation, upon the breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
…………………………………………………………………………………...
…………………………………………………………………………………...
…………………………………………………………………………………...
(Here insert any additional provisions)
*Delete as appropriate 432
National Land Code 643
Provisions of the
National Land Code
Modification
Laws of Malaysia 644
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 4c In its application to the Federal Territory of Labuan, under the heading of “DESCRIPTION OF LAND”, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 645
National Land Code
Form 4c
[Section 72]
PERMIT TO REMOVE ROCK MATERIAL
Fee RM............... (Ringgit Malaysia..............)
Receipt No. ...................................................
Name of Permit Holder ...................................................................................
Address ............................................................................................................
NRIC No. .........................................................................................................
is hereby permitted to enter on, and extract and remove rock material from, the land described below, subject to the provisions as scheduled and to any other provisions prescribed by Rule.
Issued on ………………………........….
.................................................................
Land Administrator/Authorized Officer
Description of Land
*Town/Village/Mukim……………………………………….....................................
*State Land/Reserved/Mining Land (Lease or M.C. No.)/Alienated Land (Title No.)
.................................................................................................................................
Locality (or *Lot/L.O. No. if any)...........................................................................
Area of land…………………….......................................... (*Sketch plan overleaf).
Schedule
(1)
This permit shall commence on .................................................. and expire on *31 December/ ……….…......................................................................
(2)
No rock material may be extracted or removed other than ………………
....................................................................................................................
(3)
The maximum quantity of such material which may be extracted shall be
....................................................................................................................
(4)
A fee shall be payable at the rate of ………………….…………. ringgit per ……………….(unit quantity of the rock material).
(5)
This permit *is not capable/is capable under Rule ……………………..of assignment.
Permit No. C…………
………………………..
District 433
Laws of Malaysia 646
Act 828
(6)
This permit shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(7)
The land may not be used for any purpose other than the extraction and removal of the type of rock material specified above.
(8)
This permit may be cancelled—
(a)
immediately, and without payment of compensation, upon the breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
...........................................................................................................
...........................................................................................................
...........................................................................................................
...........................................................................................................
(Here insert any additional provisions)
*Delete as appropriate
National Land Code
Form 4d
[Section 75a]
PERMIT FOR THE USE OF AIR SPACE ABOVE
Name of Permit Holder....................................................................................
Address.............................................................................................................
NRIC No. ........................................................................................................
is hereby permitted to use the air space above the land described below for the purpose of erecting, maintaining and occupying such *structure/s as may be approved by the State Authority, subject to the conditions specified below and to provisions prescribed by Rules.
Issued on ………………………........….
..............................................................
Land Administrator/Authorized Officer
Permit No. D…………
………………………..
District 434
National Land Code 647
Provisions of the
National Land Code
Modification
First Schedule – Form 4d
In its application to the Federal Territory of Labuan, under the heading of “DESCRIPTION OF LAND”, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 648
Act 828
Description of Land
*Town/Village/Mukim. .....................................................................................
*State land/Reserved land ................................................................................
Locality ............................................................................................................
Area of Land .............................................................(*Sketch plan overleaf).
Conditions
1. This permit shall commence on ............................................................ and expire on ......................................................
2. The air space over the *State land/reserved land shall not be used for any purpose other than for the erection, maintenance and occupation of the *structure/s described below for which the permit is issued—
....................................................................................................................
....................................................................................................................
(attach a certified true copy of the approved building plan).
3. This permit may be cancelled under section 75g.
4. This permit shall not be capable of assignment, except with the prior consent of the State Authority.
....................................................................................................................
....................................................................................................................
....................................................................................................................
...................................................................................................................
(Here insert any additional conditions)
*Delete as appropriate 435
National Land Code 649
Provisions of the
National Land Code
Modification
Laws of Malaysia 650
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 4e In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND”, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
National Land Code
National Land Code 651
National Land Code
Form 4e
[Section 63]
LEASE OR RESERVED LAND
Term of ……………. years expiring on …………….....
Upon application by….………………………….……………………………made with the prior approval of the officer having control of the land reserved under
…………..….. G.N. No. ………………………………the land scheduled below and shown in the plan, being the *whole/part of the said reserved land, is leased for the above term of………………………………….to…………………….……………...
NRIC No. ………………………………………..subject to the conditions below, in consideration of the due payment of the rent of …………. ringgit, to be paid not later than the……………………day of the month of ………..……………
each year.
By command of the State Authority
Granted on …………………………
……………………………………….
Land Administrator
(L.S.) District……….……………….
Schedule
Schedule Of Land
District …………………………………………………..…………………………...
*Town/Village/Mukim …………………………………..…………………………..
Lot No. …………………………………..Area of Lot …...………………………..
Conditions
1. This lease shall terminate in the event of the death of the person, or dissolution of the body for the time being entitled to its benefit.
2. This lease may be terminated by the State Authority immediately upon, or at any time after, the occurrence of a breach of any rule, term or condition to which it is subject without payment of any compensation.
3. This lease may be terminated by the State Authority at its discretion at any time before the date of expiry of the lease notwithstanding that it has not become liable to termination for breach of any rule, term or condition,
436
Laws of Malaysia 652
Act 828
upon payment of such compensation as may be agreed or determined under section 434 of the National Land Code.
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
(Here insert any additional conditions)
*Delete as appropriate
National Land Code
Form 5a
[Sections 81, 82 and 90a]
NOTICE THAT LAND REVENUE IS DUE
Land Application No. …….............................../
Land Extension Application No. …….………..
To …………………………………………………………………………………….
of ………………………………………………………….………………………….
You are hereby required, within a period of …………………….. from the date of the service of this notice to *pay/place on deposit at the Land Office of this district the following sums:
*Rent for the first year …
…
…
…
…
…
Premium
…
…
…
…
…
…
…
…
*Survey Fees (excluding Boundary Marks)
…
…
…
Boundary Marks …
…
…
…
…
…
…
*Preparation and registration of—
*(i) documents of qualified title and final documents of title RM
*(ii) final documents of title …
…
…
…
…
*Other charges
…
…
…
…
…
…
…
Total
…
Take notice that if the above total is not *paid/deposited in full within the time specified then, by virtue of section *81/82/90a of the National Land
Code—
*the approval of your application will lapse,
437
National Land Code 653
Provisions of the
National Land Code
Modification
First Schedule – Form 5a
In its application to the Federal Territory of
Labuan, substitute for the words “Land Office of this district” the word “Registry”.
Laws of Malaysia 654
Act 828
*your application will be deemed to have been withdrawn.
Dated on ………………………….....
….........................................................
Land Administrator
District .................................................
*Delete as appropriate
National Land Code
Form 5b
[Section 86]
State of …………………..
Reg. No. …………………
CATEGORY OF LAND USE ......................................................
(Here insert “Agriculture”, “Building”, “Industry” or “Nil” as appropriate)
The †land scheduled below, which, for the purposes of identification, is shown in the included †plan, is held in perpetuity by the proprietor for the time being named in the record of proprietorship overleaf, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest below, in consideration of the due payment of the annual rent of ………………… ringgit.
By command of the State Authority
Registered on …...…………...…………......
......................................
Registrar of Titles
Correspondence 438
National Land Code 655
Provisions of the
National Land Code
Modification
First Schedule – Form 5b In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND”, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 656
Act 828
Schedule
Schedule of Land
District ……………………………………………………………………………….
*Town/Village/Mukim ……………………………………..……………….……….
††Lot No. ……………††Area of Lot ………………..………………………..……….
Standard Sheet No. ………………………………………………………..………….
Certified Plan No. …………………………………………...………………………..
File No. …………………………..…………………………………………………..
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. …..………………………………………………………..………………..
Gazette Notification No. ………….…………dated ……………………...………….
Express Conditions
Restrictions in Interest
To be completed when the title is issued in continuation
Date of first alienation ....................................................................................
No. of original title (final or qualified) ..........................................................
No. of immediately preceding title (if different from above) .................................
Heading to be printed on all subsequent leaves of this Form
Record of Proprietorship, of Dealings and of Other
Matters Affecting Title
*Delete as appropriate
†
In respect of underground land, insert before the words “land” and “plan” the words
“underground” and “stratum” respectively—see P.U. (A) 204/1997.
†† In respect of underground land, substitute for the words “Lot No.” and “Area of lot” the words
“Stratum Lot Number” and “Volume of the stratum lot” respectively—see P.U. (A) 204/1997.
439
National Land Code 657
Provisions of the
National Land Code
Modification
Laws of Malaysia 658
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 5c In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND”, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
National Land Code
National Land Code 659
National Land Code
Form 5c
[Section 86]
State of …………………..
Term of ……………. years expiring on …………….....
Reg. No. ……………………
Category of Land Use …………………………………………
(Here insert “Agriculture”, “Building”, “Industry” or “Nil” as appropriate)
The †land scheduled below, which, for the purposes of identification, is shown in the included ††plan, is held for the above term of years by the proprietor for the time being named in the record of proprietorship overleaf, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest below, in consideration of the due payment of the annual rent of ………………… ringgit.
By command of the State Authority
Registered on .……………………........
..................................
Registrar of Titles
Correspondence
Schedule
Schedule of Land
District .....................................................................................................................
*Town/Village/Mukim. .............................................................................................
†††Lot No. ....................................... ††††Area of lot .................................................
Standard Sheet No. ..................................................................................................
Certified Plan No. ....................................................................................................
File No. ....................................................................................................................
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. .................................................................................................................
Gazette Notification No. ...............................................dated .................................
440
Laws of Malaysia 660
Act 828
Express Conditions
Restrictions in Interest
To be completed when the title is issued in continuation
Date of first alienation ....................................................................................
No. of original title (final or qualified) ..........................................................
No. of immediately preceding title (if different from above) .........................
Heading to be printed on all subsequent leaves of this Form
Record of Proprietorship, of Dealings and of Other
Matters Affecting Title
*Delete as appropriate
†
In respect of underground land, insert before the word “land” the word “underground”
—see P.U. (A) 204/1997
††
In respect of underground land, insert before the word “plan” the word “stratum”
—see P.U. (A) 204/1997
†††
In respect of underground land, substitute for the words “Lot No.” the words “Stratum Lot
Number”—see P.U. (A) 204/1997
†††† In respect of underground land, substitute for the words “Area of Lot” the words “Volume of the stratum lot”—see P.U. (A) 204/1997
National Land Code
Form 5d
[Section 87]
MUKIM REGISTER: Mukim of .................. No. MG......................
State of ..........................
Category of Land Use ...................................
(Here insert “Agriculture”, “Building”, “Industry” or “Nil” as appropriate)
The land scheduled below, which for the purposes of identification, is shown in the included plan, is held in perpetuity by the proprietor for the time being named in the record of proprietorship overleaf, subject to the provisions 441
National Land Code 661
Provisions of the
National Land Code
Modification
First Schedule – Form 5d
In its application to the Federal Territory of Labuan, this Form is deleted.
Laws of Malaysia 662
Act 828
of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent of ………………… ringgit.
By command of the State Authority
Registered on ...……………...…...........
..............................................
Land Administrator
District .................................
Correspondence
Schedule
Schedule of Land
Lot No. ................................. Mukim .............................District.....................
Locality ....................................................................................................................
Area of Lot ............................................................................................................
Standard Sheet No. ..................................................................................................
Certified Plan No. ....................................................................................................
File No. ....................................................................................................................
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. .....................................................................................................
Gazette Notification No. .......................................... dated ………............................
Express Conditions
Restrictions in Interest
To be completed when the title is issued in continuation
Date of first alienation ....................................................................................
No. of original title (final or qualified) ..........................................................
442
National Land Code 663
Provisions of the
National Land Code
Modification
Laws of Malaysia 664
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 5e In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 665
No. of immediately preceding title (if different from above) .................................
Heading to be printed on all subsequent leaves of this Form
Record of Proprietorship, of Dealings and of other
Matters Affecting Title
*Delete as appropriate
National Land Code
Form 5e
[Section 87]
MUKIM REGISTER: Mukim of……………….No. ML………..
State of........................................
Term of ……………. years expiring on …………….....
Category of Land Use ...................................................................
(Here insert “Agriculture”, “Building”, “Industry” or “Nil” as appropriate)
The land scheduled below, which for the purposes of identification, is shown in the included plan, is held for the above term by the proprietor for the time being named in the record of proprietorship overleaf, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent of ………………… ringgit.
By command of the State Authority
Registered on ..…………..……….........
…..................................
Land Administrator
District...............................
443
Laws of Malaysia 666
Act 828
Correspondence
No. …….............
Schedule
Schedule of Land
Lot No. ..................... Mukim ..................... District…………...........………...
Locality ………………………………………………………………………………
Area of lot ……………………………………………………………………………
Standard Sheet No. ………...………………………………………….……………...
Certified Plan No. …………………………………………………………………….
File No. ………………………………………………………………………………
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. ………..………………………………..…………………………………..
Gazette Notification No. …………...…………dated…….................................
Express Conditions
Restrictions in Interest
To be completed when the title is issued in continuation
Date of first alienation ............................................................................................
No. of original title (final or qualified) ..................................................................
No. of immediately preceding title (if different from above) .................................
Heading to be printed on all subsequent leaves of this Form
Record of Proprietorship, of Dealings and of Other
Matters Affecting Title
*Delete as appropriate 444
National Land Code 667
Provisions of the
National Land Code
Modification
Laws of Malaysia 668
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 5f
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Land Office of this district” the word “Registry”; and
(b)
under the heading of “SCHEDULE OF LAND
AND TITLE”—
(i)
substitute for the words “Town/Village/
Mukim” the words “Town/Country”; and
(ii)
at the end of the Form, insert after the words
“A.A” the words “/Lease/Provisional
Lease”.
National Land Code
National Land Code 669
National Land Code
Form 5f
[Section 90]
NOTICE TO TAKE OUT ISSUE DOCUMENT OF TITLE
To …………………………………………………………………….……………
of …………………………………………………………………………..………
proprietor of the land scheduled below.
Take notice that, by virtue of the powers conferred by section 90 of the
National Land Code, you are hereby required to attend at the Land Office of this district at any time within three months from the date of service of this notice, *or at ……………… on ………………. and there
(a)
to take delivery of the issue document of title to the land; and
(b)
to pay all land revenue outstanding in respect thereof.
Dated on ………………………….....
….........................................................
Land Administrator
District ………………………………
Schedule
Schedule of Land and Title
*Town/Village/Mukim ………………*Lot/L.O. No. ………………….……………
Description and No. of Title …………………Area ………………....……………….
Previous *Final title/Q.T./A.A. ………………Area ……………………..…………..
*Delete as appropriate 445
Laws of Malaysia 670
Act 828
National Land Code
Form 6a
[Sections 97 and 98]
NOTICE OF DEMAND: ARREARS OF RENT
To .............................................................................................................................
of .............................................................................................................................
proprietor of the land/s described in the 1st and 2nd columns of the Schedule below.
Whereas the rent reserved on the said land/s and due in respect of the current year is unpaid and, with effect from 1 June, in arrear.
You are hereby required, within three months of the date of the service of this notice, to pay *at the Land Office of this district/at ................... all the sums now due as entered in the 3rd-6th columns of the Schedule and totalled in the final column thereof.
And take notice that, if *the total/any of the totals specified in the final column is not paid in full within the said period of three months, then I the undersigned, by virtue of the powers conferred by section 100 of the National
Land Code, shall by order declare *the land/the land in question forfeit to the
State Authority.
Dated on ………………………….....
…...............................................................
Land Administrator
District .....................................................
Schedule
Schedule of Land and Arrears
Description &
No. of Title
(1)
*Lot/
(2)
Current
Year’s
Rent
(3)
Arrears from previous years
(4)
Fees, etc.
chargeable as rent
(5)
Arrears
Fee/s
(6)
Total due
(7)
446
National Land Code 671
Provisions of the
National Land Code
Modification
First Schedule – Form 6a
In its application to the Federal Territory of
Labuan, substitute for the words “Land Office of this district” the word “Registry”.
Laws of Malaysia 672
Act 828
Supplement
To .............................................................................................................................
of .............................................................................................................................
*Chargee/Lessee/Sublessee/Tenant/Lienholder/Caveator/Easement Holder.
Should you have reason to believe that the proprietor of that land scheduled above in which you possess or claim an interest will make default in payment of the sums now declared due thereon, you may avoid the forfeiture of such land by paying in full to the Land Administrator, within the time specified, the total specified in respect of that land.
And take notice that (without prejudice to any right under that section to sue the proprietor direct) the following special rights of recovery exist by virtue of section 98 of the National Land Code:
(a)
any sum paid by a chargee shall be added to the first payment thereafter due under the charge;
(b)
any sum paid by a lessee, sublessee or tenant may be recovered by deducting the amount of such sum from any rent then or thereafter due from him to the proprietor or other person under whom the land is held;
(c)
any lessee, sublessee or tenant who incurs any additional liability or suffers any deduction under that section may recover the amount of such liability or deduction by making a corresponding deduction from the amount of the rent payable by him.
Dated on ………………………….....
…................................................................
Land Administrator
District ......................................................
*Delete as appropriate 447
National Land Code 673
Provisions of the
National Land Code
Modification
Laws of Malaysia 674
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 7a
In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND
AND OF CONDITION”, substitute for the words
“Town/ Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 675
National Land Code
Form 7a
[Section 128]
NOTICE TO REMEDY A BREACH OF CONDITION
To ….................................................................................................................
of .............................................................................................................................
proprietor of the land scheduled below.
Whereas I the undersigned am satisfied that a breach of the condition scheduled below has arisen in that—
………………………………………………………...……...……………………
………………………………………………………...……...……………………
………………………………………………………...……...……………………
(Here describe the nature of the breach)
Now therefore, in exercise of the powers conferred by section 128 of the
National Land Code, I hereby require you within a period of ……………………
from the date of service of this notice to take the following action to remedy this breach:
………………………………………………………...……...……………………
………………………………………………………...……...……………………
………………………………………………………...……...……………………
………………………………………………………...……...……………………
………………………………………………………...……...……………………
Dated on ………………………….....
..………….......................................................
Land Administrator
District ………………………………………
Schedule
Schedule of Land and of Condition
*Town/Village/Mukim ……………………*Lot /L.O. No. ………………………...
Description and No. of Title ………………………Area …………………...............
Condition Breached: ……………………………………………….………...............
……………………………………………………………………………..................
……………………………………………………………………………..................
……………………………………………………………………………..................
……………………………………………………………………………..................
……………………………………………………………………………..................
*Delete as appropriate 448
Laws of Malaysia 676
Act 828
National Land Code
Form 7b
[Section 129]
BREACH OF CONDITION: NOTICE TO SHOW CAUSE
To .....................................................................................................................
of .....................................................................................................................
proprietor of the land scheduled below.
Whereas I the undersigned am satisfied that a breach of the condition scheduled below has arisen in that ………………………………………………………….…..
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
(Here describe the nature of the breach)
And whereas—
*(a) I am of the opinion that the taking of action under section 128 of the
National Land Code would not be appropriate.
*(b) You have failed to comply with the notice served on you under section 128 of the National Land Code requiring you to remedy the breach.
Now therefore, in exercise of the powers conferred by section 129 of the
National Land Code, I hereby require you to appear before me on ……………
at …………. hours at …………… to show cause why I should not forthwith declare the land forfeit to the State.
Dated on ………………………….....
…………….........................................
Land Administrator
District ………………………………
449
National Land Code 677
Provisions of the
National Land Code
Modification
First Schedule – Form 7b In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND
AND OF CONDITION”, substitute for the words
“Town/ Village/Mukim” the words “Town/Country”.
Laws of Malaysia 678
Act 828
Schedule
Schedule of Land and of Condition
*Town/Village/Mukim …………………*Lot /L.O. No. …………………………....
Description and No. of Title ………………………Area …………………………….
Condition Breached: …………………………………………………………………
………………………………………………………………………………………..
……………………………………………………………………………….……….
………………………………………………………………………..………………
………………………………………………………………………………………..
Supplement
To .....................................................................................……..………………
of .............................................................................................................................
*Chargee/Lessee/Sublessee/Tenant/Lienholder/Caveator/Easement Holder.
Take notice that if you wish to submit proposals whereby the above breach may be remedied you should appear at the time and place specified to show cause why the land be not declared forfeit.
Dated on ………………………….....
..….......................................................
Land Administrator
District ………………………………
*Delete as appropriate
National Land Code
Form 7c
[Section 124]
MEMORANDUM OF VARIATION OF CONDITIONS,
RESTRICTIONS AND CATEGORIES
On the application of …………………………………………...……. *proprietor/
co-proprietors of the land held under Title No. ……………………………………..
Lot No. …………………………… *Town/Village/Mukim …………...…………...
District ………………………………….. covering an area of ………………………
*hectares/square metres, the State Authority has approved—
*(i) the variation of category of land use from ……………… to ……………..
*(ii) the imposition of category of land use ……………………………………
450
National Land Code 679
Provisions of the
National Land Code
Modification
First Schedule – Form 7c In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
at the end of the Form, delete the words “/Land
Administrator”.
Laws of Malaysia 680
Act 828
*(iii) the rescission of express condition:
……………………………………………………………………………
*(iv) the rescission of the expression “Padi”, “Rubber”, “Kampung”, etc.:
……………………………………………………………………………
*(v) the amendment of express conditions as follows:
……………………………………………………………………………
*(vi) the imposition of new express conditions:
……………………………………………………………………………
*(vii) the rescission of restriction in interest:
……………………………………………………………………………
*(viii) the amendment of restriction in interest as follows:
……………………………………………………………………………
*(ix) the imposition of new restriction in interest:
……………………………………………………………………………
subject to the payment of …………………….. ringgit and the reservation of a new rent of …………………………… ringgit.
I, ……………………… the Land Administrator, having received the payment as indicated in Form 7g hereby request that *endorsement/cancellation/entry be made on the document of title in accordance with the above approval.
Dated on ………………………….
…………….….……………………..
Land Administrator
District ……………………………..
FOR USE BY REGISTRAR/LAND
ADMINISTRATOR
*Endorsement/cancellation/entry has been made on the register document of title on …….……………
Registrar/Land Administrator
*Delete as appropriate 451
National Land Code 681
Provisions of the
National Land Code
Modification
Laws of Malaysia 682
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 7d
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 683
National Land Code
Form 7d
[Section 124a]
APPLICATION FOR VARIATION OF CONDITIONS,
RESTRICTIONS AND CATEGORIES IN RESPECT OF
PROPOSED SUBDIVISIONAL PORTIONS OF LAND
To the Land Administrator, District of …………………………………………….
*I/We, the undersigned *proprietor/co-proprietors of following land:
*Town/Village/Mukim ……………………….Lot No. ………………………...
Description and No. of Title ………………….Area ……………………………
hereby apply for approval for variation of *condition/restriction/category of the proposed subdivisional portions thereof as shown in the proposed subdivisional plan attached.
For purposes of clarification *I/we also attach an explanatory memorandum.
2. As required, *I/we now submit—
(a)
the prescribed fee of ………………. ringgit;
(b)
the proposed subdivision plan referred to above together with
………………………... copies thereof;
* (c) a copy of the approval of the Planning Authority;
(d)
a letter of consent from each of the following persons (being persons whose consent is required under subsection 124(1) and paragraph 136(1)(e)), the particular reason for the consent being specified in each such letter:
(1)
…………………………………..……...…….………….………
(2)
……………………………………...………...……………….…
(3)
………………...…………………………………...….....………
3. I hereby declare that, as shown on the attached plan, a satisfactory means of access to each subdivisional portion (other than any portion from which there will be direct access to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access is capable of being obtained by application for a Land Administrator’s right of way) is to be provided—
*(i) by private road to which a separate title is to be issued;
*(ii) over land which is to be treated as surrendered to the State Authority;
*(iii) by a right of way to be declared by the Land Administrator.
452
Laws of Malaysia 684
Act 828
*4. With respect to the land to be treated as surrendered in accordance with subparagraph (ii) above, I hereby undertake to make up a road to the standard specified by the State Authority.
[For use only where the land is affected by a designation made by the
State Authority under subsection 136(2) of the National Land Code].
Dated on ………………………….....
…………………………….
Signature of Proprietor
For Official Use Only
(A)
Rent for the current year paid.
…………………………….
Land Administrator
(B)
(1) Subdivision as in attached plan approved.
(2)
One copy of the said plan retained.
…………………………….
Signature
Planning Authority………………..
………………..
(C)
(1) Subdivision approved* subject to the following modifications:
......................................................................................................
......................................................................................................
......................................................................................................
(2)
Variation of *condition/restriction/category of proposed subdivisional portions approved.
Dated on ………………………….....
….…….……………………….
Director/Land Administrator
*Delete as appropriate
For use where planning approval not earlier obtained 453
National Land Code 685
Provisions of the
National Land Code
Modification
Laws of Malaysia 686
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 7e In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND AND
OF CONDITION”, substitute for the words “Town/
Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 687
National Land Code
Form 7e
[Paragraph 127(1a)(a)]
BREACH OF CONDITION:
NOTICE TO SHOW CAUSE FOR IMPOSITION OF FINE
To ………………………………………………………………………………….
of …………………………………………………………………………………….
proprietor of the land scheduled below.
Whereas I, the undersigned, am satisfied that a breach of the condition scheduled below has arisen in that—
………………………….…………………………………………………………….
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
(Here describe the nature of the breach)
Now therefore, in exercise of the powers conferred by paragraph 127(1a)(a)
of the National Land Code, I hereby require you to appear before me on
.......................... at …………….. hours at ………………… to show cause why a fine should not be imposed on you in respect of the above-mentioned breach.
Dated on ………………………….....
………………………………………
Land Administrator
District ……………………………..
Schedule
Schedule of Land and of Condition
*Town/Village/Mukim ……………………… *Lot/L.O. No. ………………………
Description and No. of Title ……………………….Area ………..…………………..
Condition Breached: …………………………………………………………………
………………………………………………………………………………………..
……………………………………………………………………………………..
*Delete as appropriate 454
Laws of Malaysia 688
Act 828
National Land Code
Form 7f
[Subsection 127(1c)]
CONTINUING BREACH OF CONDITION:
NOTICE OF INTENTION TO SECURE REMEDY OF BREACH
OR TO ENFORCE FORFEITURE OF THE LAND
To ………………………………………………………………………………….
of …………………………………………………………….………… proprietor of the land scheduled below.
Whereas I, the undersigned, am satisfied that a breach of the condition scheduled below has arisen in that—
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
……………………………………………………………………………………...
(Here describe the nature of the breach)
And whereas I, after due enquiry, am satisfied that the above-mentioned breach continues:
And whereas I, after a notice in Form 7e dated ………… did, on …………...
impose on you a fine of …………………. ringgit in respect of the above-mentioned breach, and in the case of the breach continuing, a further fine of …………………………… ringgit for each day during which the breach continues:
Now therefore, in exercise of the powers conferred on me by subsection 127(1c) of the National Land Code, I hereby inform you of my intention to take action under section 128 to secure remedy of the above-mentioned breach or under section 129 to enforce forfeiture of the land scheduled below, upon the expiry of a period of six months from the date of service of this notice, or at any time thereafter.
Dated on ………………………….....
………………………………………
Land Administrator
District ……………………………..
455
National Land Code 689
Provisions of the
National Land Code
Modification
First Schedule – Form 7f
In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE OF LAND AND
OF CONDITION”, substitute for the words “Town/
Village/Mukim” the words “Town/Country”.
Laws of Malaysia 690
Act 828
Schedule
Schedule of Land and of Condition
*Town/Village/Mukim ……………………… *Lot/L.O. No. ………………………
Description and No. of Title …………………… Area …………..…………………..
Condition Breached: …………………………………………………………………
………………………………………………………………………………………..
*Delete as appropriate
National Land Code
Form 7g
[Section 124]
NOTICE THAT PAYMENT IS DUE
(Variation of conditions/restrictions/categories)
Application No. ………………
To ………………………………………………………………………………..
of ……………………………………………………………………………………
*proprietor/co-proprietors of the land held under—
Title No. ……………………………………………………..…………………..
Lot/L.O. No. …………………..…………………………………….…………..
*Town/Village/Mukim ……………………… District of ……………………...
Take notice that your application under section 124 of the National Land
Code for variation of *conditions/restrictions/categories in respect of the above land has been approved and you are hereby required within a period of ………………………. months from the date of service of this notice to pay at the Land Office of this district the following sums:
Further premium
=
Other charges
=
New rent
=
Total
=
456
National Land Code 691
Provisions of the
National Land Code
Modification
First Schedule – Form 7g
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
substitute for the words “Land Office of this district” the word “Registry”.
Laws of Malaysia 692
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 8a
In its application to the Federal Territory of Labuan, in the “SCHEDULE OF FORFEITED LAND”, in the first column substitute for the words “Town/
Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 693
Take further notice that if the above total is not paid in full within the time specified, then by virtue of section 124 of the National Land Code, the approval of your application will lapse.
Dated on ………………………….....
…..…………………………...
Land Administrator
District …...…………………
*Delete as appropriate
National Land Code
Form 8a
[Section 130]
NOTICE OF REVERSION TO THE STATE
Whereas, pursuant to section *100/129 of the National Land Code, the land scheduled below has by order been declared forfeit to the State Authority.
Notice is hereby given that such forfeiture has this day taken effect and that, in consequence of its vesting in the State Authority—
(a)
any title or interest in the land heretofore subsisting or capable of arising is extinguished; and
(b)
the issue document of title to the land is void and is impoundable by the State.
Dated on ………………………….....
...….......................................................
Land Administrator
District ………………………………
457
Laws of Malaysia 694
Act 828
Schedule
Schedule of Forfeited Land
*Town/Village or Mukim
*Lot/L.O. No.
Area
Description and No. of Title
*Delete as appropriate
National Land Code
Form 9a
[Section 137]
APPLICATION FOR SUBDIVISION OF LAND
To the Land Administrator, District of ……………………………..…………
I, ………………………………………………………………………………
of …………………………………………………………………………………
proprietor of the following land:
*Town/Village/Mukim ……………………………Lot No. …………………
Description and No. of Title ………………………Area …………………..
hereby apply for approval of the subdivision of the land into ………………
portions, as indicated in the attached plan of intended subdivision.
*For the purposes of clarification I also attach an explanatory memorandum.
2. As required by section 137 of the National Land Code I now submit—
(a)
the prescribed fee of ……………… ringgit;
(b)
the plan above referred to together with …………………..copies thereof;
*(c) a copy of the approval of the Planning Authority;
*(d) a letter of consent from each of the following ………………… persons
(being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.......................................................................................................
(2)
.......................................................................................................
(3)
.......................................................................................................
458
National Land Code 695
Provisions of the
National Land Code
Modification
First Schedule – Form 9a
In its application to the Federal Territory of Labuan, in the first paragraph, substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 696
Act 828
3. I hereby declare that, as shown on the attached plan, a satisfactory means of access to each subdivisional portion (other than any portion from which there will be direct access to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access is capable of being obtained by application for a Land Administrator’s right of way) is to be provided—
*(i) by private road to which a separate title is to be issued;
*(ii) over land which is to be treated as surrendered to the State
Authority;
*(iii) by a right of way to be declared by the Land Administrator.
*4. With respect to the land to be treated as surrendered in accordance with subparagraph (ii) above I hereby undertake to make up a road to the standard specified by the State Authority.
Dated on ………………………….....
……..…………………
Signature of Proprietor
For Official Use Only
(A)
Rent for the current year paid.
..….......................................................
Land Administrator
(B)
(1) Subdivision as in attached plan approved.
(2)
One copy of the said plan retained.
……………………………………
Signature
Planning Authority …………….………
…………………….
(C)
Subdivision approved *subject to the following modifications:
...............................................................................................
...............................................................................................
...............................................................................................
For use only where the land is affected by a designation made by the
State
Authority under subsection 136(2) of the National
Land Code
For use where planning approval not earlier obtained 459
National Land Code 697
Provisions of the
National Land Code
Modification
Laws of Malaysia 698
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 9b In its application to the Federal Territory of Labuan, in the first paragraph, substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 699
Dated on ……………………….....
…………………….…………………
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—The consent in writing is required of every person or body entitled to the benefit of—
(i)
a lease of the whole or any part of the land other than a part corresponding precisely to one of the proposed subdivisional portions;
(ii)
a charge of the land, or of a lease as specified in (i);
(iii)
a lien over the land, or over a lease as specified in (i).
National Land Code
Form 9b
[Section 142]
APPLICATION TO PARTITION LAND
To the Land Administrator, District of ....................................................................
*I/We, the undersigned, co-proprietor/s of the following land:
*Town/Village/Mukim………………………...Lot No. ………………..........
Description and No. of Title ............................. Area……………………………
hereby apply for approval of the partitioning of the land into ................................
portions, as indicated in the attached plan of intended partition, to vest in the co-proprietors according to the Schedule below.
*For the purposes of clarification *I/we also attach an explanatory memorandum.
2. As required by section 142 of the National Land Code *I/we now submit—
(a)
the prescribed fee of ................................ ringgit;
(b)
the plan above referred together with …………………copies thereof;
*(c) a copy of the approval of the Planning Authority;
460
Laws of Malaysia 700
Act 828
*(d) a letter of consent from each of the following ……………………..
persons (being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.............................................................................................
(2)
.............................................................................................
(3)
.............................................................................................
(e)
the consent in writing of every co-proprietor who, not being a signatory to this application, is indicated by mark “X” in the first column of the Schedule below.
3. *I/We hereby declare that, as shown on the attached plan, a satisfactory means of access to each portion (other than any portion from which there will be direct access to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access is capable of being obtained by application for a Land
Administrator’s right of way) is to be provided—
*(i) over land which is to be treated as surrendered to the State
Authority.
*(ii) by a right of way to be declared by the Land Administrator.
*4. With respect to the land to be treated as surrendered in accordance with subparagraph (i) above I/we hereby undertake to make up a road to the standard specified by the State Authority.
Dated on ………………………….....
.....................................................................
.....................................................................
.....................................................................
Signature/s of Co-proprietor/s of the land
Schedule
Schedule of Partition
Mark “X”
to denote non-signatory
Full name of each
Co-proprietor
Address of
Co-proprietor
Registered share in land
Area of appropriate
Portion
Symbol on
Plan for
Portion
For use only where the land is affected by a designation made by the State
Authority under subsection 136(2) of the National
Land Code 461
National Land Code 701
For Official Use Only
(A)
Rent for the current year paid.
…….......................................................
Land Administrator
(B)
(1) Partition as in attached plan approved.
(2)
One copy of the said plan retained.
………..…......................
Signature
Planning Authority ………………………
...…………………….
(C)
Partition approved *subject to the following modifications:
........................................................................................................
........................................................................................................
........................................................................................................
Dated on ………………………….....
…………………………………….
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—The consent in writing is required of every person or body entitled to the benefit of—
(i)
a lease of the whole or any part of the land other than a part corresponding precisely to one of the proposed portions;
(ii)
a charge of the land, or of a lease as specified in (i);
(iii)
a lien over the land, or over a lease as specified in (i).
For use where planning approval not earlier obtained 462
Laws of Malaysia 702
Act 828
National Land Code
Form 9c
[Section 148]
APPLICATION FOR AMALGAMATION OF LANDS
To the Land Administrator, District of …………………………..…………………
I,…………………………………………………………………………………
of……………………………………………………………………………………
proprietor of the lands, being contiguous lots all within the same town, village or mukim, as scheduled below hereby apply for approval of their amalgamation into a single lot as indicated in the attached plan of intended amalgamation.
*For the purposes of clarification I also attach an explanatory memorandum.
2. As required by section 148 of the National Land Code I now submit—
(a)
the prescribed fee of …………………………… ringgit;
(b)
the plan above referred to together with ……………….copies thereof;
*(c) a copy of the approval of the Planning Authority;
*(d) a letter of consent from each of the following ……………………
persons (being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.......................................................................................................
(2)
.......................................................................................................
(3)
.......................................................................................................
3. I hereby request that since, as scheduled below—
*(a) certain of the lands are held under Registry title and the remaining lands under Land Office title;
*(b) the lands are held under Land Office title and amalgamation thereof will result in a single lot of an area exceeding ten acres, the special approval of the State Authority be obtained for this amalgamation and for the issue in respect thereof of a single Registry title.
Dated on ………………………….....
………………………………….
Signature of Proprietor 463
National Land Code 703
Provisions of the
National Land Code
Modification
First Schedule – Form 9c In its application to the Federal Territory of Labuan—
(a)
in the first paragraph, substitute for the words
“, village or mukim” the words “or country”.
(b)
delete paragraph 3.
(c)
in the “SCHEDULE”, substitute for the words
“Town/Village/Mukim” the words “Town/
Country”.
Laws of Malaysia 704
Act 828
Schedule
*Town/Village/Mukim of …………………………………………............…
Description and No. of
Title
Lot No.
Area
Remarks
For Official Use Only
(A)
Rent for the current year paid.
……………………………………….
Land Administrator
(B)
(1) Amalgamation as in attached plan approved.
(2)
One copy of the said plan retained.
………..…......................
Signature
Planning Authority ………………………
...…………………….
(C)
Amalgamation approved *subject to the following directions of the
State Authority:
..........................................................................................................
..........................................................................................................
..........................................................................................................
Dated on ………………………….....
………………………………………….
Director/Land Administrator
*Delete as appropriate
For use where planning approval not earlier obtained 464
National Land Code 705
†Explanatory Note—The consent in writing is required of every person or body entitled to the benefit of—
(i)
a lease of the whole or any part of the land;
(ii)
a charge of the land, or of a lease as specified in (i);
(iii)
a lien over the land, or over a lease as specified in (i).
Form 9d
(Repealed by Act 318)
Form 10a
(Repealed by Act 318)
Form 10b
(Repealed by Act 318)
Form 10c
(Repealed by Act 318)
465
Laws of Malaysia 706
Act 828
National Land Code
Form 10d
[Section 168]
NOTICE OF INTENTION TO ISSUE TITLE IN CONTINUATION
(OR NEW ISSUE DOCUMENT IN LIEU THEREOF)
In exercise of the powers conferred by section 168 of the National Land Code,
Notice is hereby given that it is proposed—
*to issue title in continuation
*to replace the issue document of title to the land described in the Schedule below for the following reasons:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
Dated on ………………………….....
………………………………………….
Registrar/Land Administrator
State/District ...................................................
Schedule
*Town/Village/Mukim …………………*Lot/Parcel/L.O. No. …...………..…
Description and No. of Title ……………………Area ………………...………
*Delete as appropriate 466
National Land Code 707
Provisions of the
National Land Code
Modification
First Schedule – Form 10d
In its application to the Federal Territory of Labuan—
(a)
at the end of the Form, delete the words
“/Land Administrator”;
(b)
under the heading of “SCHEDULE”, substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
Laws of Malaysia 708
Act 828
National Land Code
Form 10e
[Section 175a]
NOTICE RELATING TO THE PREPARATION OF A PROVISIONAL
REGISTER DOCUMENT OF TITLE
In exercise of the powers conferred by Chapter 4 of Part Ten of the National
Land Code,
Notice is hereby given that it is proposed to prepare a provisional register document of title relating to the land described in the Schedule below for following reasons:
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
2. Upon publication in the Gazette of this notice, no Registrar or Land
Administrator shall accept for registration any instrument of dealing affecting the land, or enter any private caveat under section 322 or any lienholder’s caveat under section 330 in respect thereof, until the entry in the provisional register document of title has been authenticated under section 175f.
3. Any person or body having interest in the said land may apply within three months of the publication in the Gazette of this notice to the *Registrar/
Land Administrator in Form 10F that the name of the proprietor/any person having registered or registrable interest be entered in the provisional register document of title.
4. Any person or body who is in possession of the issue document of title thereto shall within the said three months, deliver it to the *Registrar/Land
Administrator.
Dated on ………………………….....
…………………..………………
Registrar/Land Administrator
State/District ............................................
467
National Land Code 709
Provisions of the
National Land Code
Modification
First Schedule – Form 10e In its application to the Federal Territory of Labuan—
(a)
in paragraph (2), delete the words “or Land
Administrator”;
(b)
in paragraphs (3) and (4), substitute for the words “*Registrar/Land Administrator” the word “Registrar”;
(c)
at the end of the Form, delete the words “/Land
Administrator”;
(d)
in the “SCHEDULE”, in the second column, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 710
Act 828
Schedule
District
*Town/Village/
Mukim
Description and
No. of Title
*Lot No./
Area
*Delete as appropriate
National Land Code
Form 10f
[Subsection 175b(1)]
APPLICATION FOR REGISTRATION AS PROPRIETOR OF LAND OR
INTEREST IN PROVISIONAL REGISTER DOCUMENT OF TITLE
The *Registrar/Land Administrator ..........................................................................
I/We ..............................................................................................................
of …………………………………………………………………………………..…
hereby apply that the name of .......................................................................
be entered in the provisional register document of title to the land described in the Schedule below—
*(a) as the proprietor *of the whole of the land/or .................................
...........................................................................................................
undivided share of the land;
468
National Land Code 711
Provisions of the
National Land Code
Modification
First Schedule – Form 10f
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “*Registrar/Land
Administrator” the word “Registrar”;
(b)
in the “SCHEDULE”, in the second column, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 712
Act 828
*(b) as the person having the following registrable interest (state nature and the extent of such interest):
……………………………………………………………………………..
……………………………………………………………………………..
……………………………………………………………………………..
*2. To the best of my knowledge, the following persons have a registered interest in the land:
Name and Address
Nature and Extent of Interest
(a)
…..........................................................................................................
(b)
…..........................................................................................................
(c)
…..........................................................................................................
(d)
…..........................................................................................................
*3. I attach the issue document of title relating to the said land.
Dated on ………………………….....
…………………………….
Signature of Applicant
Schedule
District
*Town/Village/
Mukim
Description and No. of Title
*Lot No./
Area
*Delete as appropriate 469
National Land Code 713
Provisions of the
National Land Code
Modification
Laws of Malaysia 714
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 10g
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
at the end of the Form, delete the words “/Land
Administrator”.
First Schedule – Form 10h
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “*Registry/Land Office”
the word “Registry”;
(b)
delete the words “/Land Administrator”;
(c)
in the “SCHEDULE”, in the second column, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
National Land Code
National Land Code 715
National Land Code
Form 10g
[Subsection 175b(2)]
RECEIPT FOR ISSUE DOCUMENT OF TITLE
Received from………………………………………………………………………..
of ……………………………………………………………………………………..
the undermentioned issue document of title—
Description and No. of Title ………………………………………………………
…………………………………………………………………………………..…
District …………………………………………………………………………….
Town/Village/Mukim ……………………………………………………………..
Lot No./L.O. No. ………………………………………………………………….
Area ………………………………………………………………………………..
Dated on ………………………….....
………………………………………….
Registrar/Land Administrator
State/District ...............................................
National Land Code
Form 10h
[Section 175d]
NOTICE THAT THE PROVISIONAL REGISTER DOCUMENT
OF TITLE IS OPEN FOR INSPECTION
Notice is hereby given that the provisional register document of title in respect of lands described in the Schedule below is now open for inspection at the
*Registry/Land Office at .................. and can be inspected without payment during the normal office hours.
Any person or body who has any interest in the said land may object to any entry therein or any omission thereof in accordance with section 175e within three months from the date of publication of this notice in the Gazette.
Dated on ………………………….....
………………………………………..
Registrar/Land Administrator
State/District ............................................
470
Laws of Malaysia 716
Act 828
Schedule
District
*Town/Village/
Mukim
Description and No. of
Title
*Lot No./
Area
Registered proprietor
Particulars of interest, if any
*Delete as appropriate
National Land Code
Form 10i
[Section 175e]
OBJECTION TO AN ENTRY OR OMISSION THEREOF IN
THE PROVISIONAL REGISTER DOCUMENT OF TITLE
The Registrar/Land Administrator …………………………………………………..
I, ……………………………………………………………………………………...
of …………………………………………………………………………………......
hereby object to the *entry/omission thereof in the provisional register document of title in respect of land described in the Schedule below, on the following ground:
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
Dated on ………………………….....
…………………………………..
Signature 471
National Land Code 717
Provisions of the
National Land Code
Modification
First Schedule – Form 10i In its application to the Federal Territory of Labuan—
(a)
delete the words “/Land Administrator”;
(b)
in the “SCHEDULE”, in the second column, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 718
Act 828
Schedule
District
*Town/Village/
Mukim
Description and
No. of Title
*Lot No./ L.O.
Area
*Delete as appropriate
National Land Code
Form 11a
[Section 177]
(Qualified Title Corresponding to Registry Title)
Q.T. REGISTER: District of ……………No. Q.T. (R) …………………
State of ……………………………………
AGRICULTURE
CATEGORY OF LAND USE *
BUILDING
INDUSTRY
⎧
⎪
⎨
⎪
⎩
*Town/Village/Mukim ……………………………………..………………………..
*Grant in perpetuity
L.O. No …………………......…
*Lease for term of …………………..years
Provisional Area………….........
expiring on ………………………
Annual Rent RM …….......…...
472
National Land Code 719
Provisions of the
National Land Code
Modification
First Schedule – Form 11a
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 720
Act 828
Premium RM ………………(Ringgit Malaysia ……………….)
Survey Fee RM ……………(Ringgit Malaysia ……………….)
R.S. No. …….………………………………………..
File No. …..…………………………………………..
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve, etc. ………...……
Gazette Notification No. ……………………………..dated ………………………...
Special Conditions of Qualified Title
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
Express Conditions
Restrictions in Interests
2. In the plan of the land below the boundaries shown in red, not having been established by survey, are provisional only.
Sketch Plan
The land described above is held by the proprietor for the time being named in the record of proprietorship below—
Registered on ………….…….
…..………………
Registrar
Issue document of title, issued on ………..……….
…..………………
Registrar
To be completed when the title is issued in continuation
Date of first alienation......................................................................................
No. of original title (final or qualified)............................................................
No. of immediately preceding title (if different from above)..........................
473
National Land Code 721
Provisions of the
National Land Code
Modification
Laws of Malaysia 722
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 11b In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 723
Record of Proprietorship, of Dealings and of
Other Matters Affecting Title
(Continued overleaf)
*Delete as appropriate
National Land Code
Form 11b
[Section 177]
(Qualified Title Corresponding to Land Office Title)
Q.T. REGISTER: Mukim of ………….No. Q.T. (M) ………………………….
State of ……………………………………
AGRICULTURE
CATEGORY OF LAND USE *
BUILDING
INDUSTRY
⎧
⎪
⎨
⎪
⎩
Locality …………………………………………………………………………
*Grant in perpetuity
L.O. No ………………………...……
*Lease for term of ……………..years Provisional Area……………………..
expiring on ……………………
Annual Rent RM ……………….……
Premium RM ………………(Ringgit Malaysia……………….)
Survey Fee RM ……………(Ringgit Malaysia……………….)
R.S. No. …….………………………………………..
File No. …..…………………………………………..
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve, etc. ..........……….
Gazette Notification No. …………..…………………..dated ……………………….
474
Laws of Malaysia 724
Act 828
Special Conditions of Qualified Title
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
Express Conditions
Restrictions in Interests
2. In the plan of the land below the boundaries shown in red, not having been established by survey, are provisional only.
Sketch Plan
The land described above is held by the proprietor for the time being named in the record of proprietorship below—
Registered on ………………..
…..………………
Registrar
Issue document of title, issued on ………...………
…..………………
Registrar
To be completed when the title is issued in continuation
Date of first alienation ……………………………………………………………….
No. of original title (final or qualified) ………………………………………………
No. of immediately preceding title (if different from above) …………………..……
Record of Proprietorship, of Dealings and of
Other Matters Affecting Title
(Continued overleaf)
*Delete as appropriate 475
National Land Code 725
Provisions of the
National Land Code
Modification
Laws of Malaysia 726
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 11c In its application to the Federal Territory of Labuan—
(a)
delete the words “/Land Administrator”;
(b)
under the heading of “SCHEDULE”, substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
National Land Code
National Land Code 727
National Land Code
Form 11c
[Section 187b]
NOTICE OF INTENTION TO ISSUE NEW ISSUE
In exercise of the powers conferred by section 187b of the National Land Code.
Notice is hereby given that it is proposed to replace the issue document of qualified title to the land described in the Schedule below for the following reasons:
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
Dated on ………………………….....
………………………………………..
Registrar/Land Administrator
State/District ............................................
Schedule
*Town/Village/Mukim ………………………………………………………………
*Lot/L.O. No. ……..…………………………………………………...…………….
Description and No. of Title …………………………………………………………
……………………………………………………………………………………......
Area ………………………………………………………………………………….
*Delete as appropriate 476
Laws of Malaysia 728
Act 828
National Land Code
Form 12a
[Section 197]
APPLICATION FOR SURRENDER OF LAND
(Relating to the whole of the land)
To the Land Administrator, District of ……………………………………………
I, ………………………………………………………………..………………
of …………………………………………………………………..…………………
proprietor of the following land:
*Town/Village/Mukim …………….………*Lot/L.O. No. ………..….…………
Description and No. of Title ……………...…..Area..………….……..…………..
hereby apply for approval of my surrender of the whole thereof.
2. As required by section 197 of the National Land Code I now submit—
(a)
the prescribed fee of ………………….. ringgit;
(b)
a letter of consent from each of the following …………………persons
(being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.................................................................................................
(2)
.................................................................................................
(3)
.................................................................................................
(c)
*the issue document of title to the land;
(d)
*a copy of my request to ……………………………….*chargee/
lienholder to produce the issue document of title to the land at the
Land Office.
Dated on ………………………….....
………………………………………..
Signature of Proprietor 477
National Land Code 729
Provisions of the
National Land Code
Modification
First Schedule – Form 12a
In its application to the Federal Territory of Labuan—
(a)
in the first paragraph, substitute for the words “Town/Village/Mukim” the words “Town/
Country”;
(b)
substitute for the words “Land Office” the word “Registry”.
Laws of Malaysia 730
Act 828
[Attestation Clause]
For Official Use Only
(A)
Rent for the current year paid.
……………………………………….
Land Administrator
(B)
Surrender approved.
Dated on ………………………….....
………….…………………..
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—The consent in writing is required of every person—
(i)
entitled to the benefit of any registered interest affecting the land or any part of the land (including a charge of any lease or sublease thereof);
(ii)
entitled to the benefit of a lien over the land or over any lease or sublease of the land or any part thereof;
(iii)
entitled to the benefit of a tenancy exempt from registration affecting the land or any part thereof (being a tenancy protected by endorsement on the register document of title); and
(iv)
having a claim protected by caveat to any interest affecting the land or any part thereof.
National Land Code
Form 12b
[Section 200]
APPLICATION FOR SURRENDER OF LAND
(Relating to a part only of the land)
To the Land Administrator, District of ........................................................
I,....................................................................................................................
of..............................................................................................................................
proprietor of the following land:
*Town/Village/Mukim .............................. *Lot/L.O. No. ...............................
Description and No. of Title ....................... Area .......................................
478
National Land Code 731
Provisions of the
National Land Code
Modification
First Schedule – Form 12b In its application to the Federal Territory of Labuan—
(a)
in the first paragraph, substitute for the words “Town/Village/Mukim” the words “Town/
Country”;
(b)
substitute for the words “Land Office” the word “Registry”.
Laws of Malaysia 732
Act 828
hereby apply for approval of my surrender of a part of the land as shown in the attached plan.
2. I hereby declare that this part of the land is *used/intended to be used for the following:
.................................................................................................................................
.................................................................................................................................
*For the purposes of further clarification I also attach an explanatory memorandum.
3. As required by section 200 of the National Land Code I now submit—
(a)
the prescribed fee of …………… ringgit;
(b)
the plan above referred to together with ………..copies thereof;
(c)
a letter of consent from each of the following………………. persons
(being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.................................................................................................
(2)
.................................................................................................
(3)
.................................................................................................
(d)
*the issue document of title to the land
*a copy of my request to ………………………………………………..
*chargee/lienholder to produce the issue document of title to the land at the Land Office.
Dated on ………………………….....
………………………………………..
Signature of Proprietor
[Attestation Clause]
479
National Land Code 733
Provisions of the
National Land Code
Modification
Laws of Malaysia 734
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 12c In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 735
For Official Use Only
(A)
(1) Rent for the current year paid.
(2)
(Deleted by Act A832).
(3)
The area of that part is not, in my opinion, such that a subdivision of the land should be first effected.
……………………………………….
Land Administrator
(B)
Surrender approved.
Dated on ………………………….....
………………………………………..
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—The consent in writing is required of every person—
(i)
entitled to the benefit of any registered interest affecting the part of the land to be surrendered (including a charge of any lease or sublease thereof);
(ii)
entitled to the benefit of a lien over the land or over any lease or sublease of the land or of the part of the land to be surrendered;
(iii)
entitled to the benefit of a tenancy exempt from registration affecting the part of the land to be surrendered (being a tenancy protected by a registered endorsement); and
(iv)
having a claim protected by a caveat to any interest affecting the part of the land to be surrendered.
National Land Code
Form 12c
[Section 203]
APPLICATION FOR SURRENDER AND
RE-ALIENATION
To the Land Administrator, District of ........................................................
I,....................................................................................................................
of..............................................................................................................................
proprietor of the land scheduled below (being contiguous lots all under
Land Office title and of a combined area exceeding ten acres) hereby 480
Laws of Malaysia 736
Act 828
apply for approval of my surrender of these lots on the terms that the land comprised therein be immediately re-alienated to me under qualified title in the different units, each being of less than ten acres, shown on the attached plan.
In the said plan, the boundaries of the existing lots as scheduled are shown in black and the boundaries of the proposed new units, where different from the old, are shown in red.
2. As required by section 203 of the National Land Code I now submit—
(a)
the prescribed fee of ………………………. ringgit;
(b)
a letter of consent from each of the following ………………….persons
(being persons whose consent in writing is required for the particular reason specified in each such letter)†:
(1)
.....................................................................................................
(2)
.....................................................................................................
(3)
.....................................................................................................
(c)
*the issue document/s of title to the following land/s:
..............................................................................................................
..............................................................................................................
..............................................................................................................
(d)
*a copy of my request/s to—
..............................................................................................................
..............................................................................................................
..............................................................................................................
(chargee/s or lienholder/s, as specified) to produce at the Land Office the issue document/s of title to the land/s, the issue document/s to which is/are not now attached.
Dated on ………………………….....
………………………………………..
Signature of Proprietor 481
National Land Code 737
Schedule
District
*Town/Village/
Mukim
Description and
No. of Title
*Lot No./
Area
*Delete as appropriate
For Official Use Only
(A)
Rents for the current year paid.
……………………………………….
Land Administrator
(B)
Surrender approved.
Dated on ………………………….....
………………………………………..
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—The consent in writing is required of every person—
(i)
entitled to the benefit of a lien over any of the lands or any part thereof;
(ii)
having a claim protected by caveat affecting any of the lands or any part thereof.
482
Laws of Malaysia 738
Act 828
National Land Code
Form 12d
[Section 204d]
APPLICATION FOR SURRENDER AND
RE-ALIENATION
To the Land Administrator, District of ........................................................
*I/We.............................................................................................................
of...................................................................................................................
proprietor of the land/s scheduled below, hereby apply for approval of *my/
our surrender of these lands on the terms that the land comprised therein be immediately re-alienated to *me/us in the different units as shown on the attached plan.
In the said plan, the boundaries of the existing lands as scheduled are shown in black and the boundaries of the proposed new units, different from the old, are shown in red†.
2. As required by section 204d of the National Land Code, *I/we now submit—
(a)
the prescribed fee of ……………………. ringgit;
(b)
a letter of consent from the following persons†:
(i)
………………………………………..…………………………...
(ii)
………………………………………………...…………………...
(c)
*the issue document/s of title to the following land/s:
………………………………………………………………………….……
(d)
*the sworn statement under subsection 204d(2).
…………………………………………………………………………..
3. *I/We hereby apply for the land/s (originally alienated in perpetuity) to be re-alienated to *me/us for a term of…….years and hereby accompany a sworn statement to that effect.
Dated on ………………………….....
………………………………………..
Signature of Proprietor 483
National Land Code 739
Provisions of the
National Land Code
Modification
First Schedule – Form 12d
In its application to the Federal Territory of Labuan, in the “SCHEDULE”, in the second column, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 740
Act 828
Schedule
District
*Town/Village/
Mukim
Description and
No. of Title
*Lot No./
Area
*Delete as appropriate
For Official Use Only
(A)
Rents for the current year paid.
……………..………………
Land Administrator
District …………………………..
(B)
Surrender approved.
Dated on ………………………….....
………………………………………..
Director/Land Administrator
*Delete as appropriate
†Explanatory Note—
(a)
If applicable, the adjoining State land included in the application is marked in red.
(b)
The consent in writing is required of every person—
(i)
entitled to the benefit of a lien over any of the lands or part thereof;
(ii)
having a claim protected by caveat affecting any of the lands or part thereof.
484
National Land Code 741
Provisions of the
National Land Code
Modification
Laws of Malaysia 742
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 13a
In its application to the Federal Territory of Labuan—
(a)
under the heading of “FOR REGISTRY USE”, delete the words “/Land Administrator”;
(b)
under the heading of “SCHEDULE OF LAND
*AND INTEREST”, in column (1), substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
National Land Code
National Land Code 743
National Land Code
Form 13a
[Section 207]
HEADING AND SCHEDULE
(FOR INSERTION IN ALL FORMS OF DEALING)
(1)
Heading
(Stamps to be affixed—or payment of duty certified—in this space)
FOR REGISTRY USE
Memorial of registration made in the register
Document/s of Title scheduled below, with effect from………..h …………..m on ………...…… 20…..
L.S. Registrar/Land Administrator …..................
State/District ...............................................
File of—
.....................................
Volume..........................
Folio...............................
Presentation No.—
....................................
(2)
Schedule
Where the address of the person claiming under this instrument is outside the Federation, an address within the Federation for the service of notices is to be added in this space.
............................................................................................................................
.............................................................................................................................
Schedule
SCHEDULE OF LAND *AND INTEREST
*Town/
Village/
Mukim
*Lot/
Parcel/
Description and No. of
Title
Share of land
(if any)
Registered
No. of
*lease/
sublease
(if any)
Registered
No. of
Charge
(if any)
(1)
(2)
(3)
(4)
(5)
(6)
*Delete as appropriate 485
Laws of Malaysia 744
Act 828
National Land Code
Form 13b
[Section 211]
FORM OF ATTESTATION CLAUSE
I,….................................................................................................................
.................................................................................................................................
(Here insert full name and qualification of person attesting)
hereby testify that the above *signature/thumb print was *written/affixed in my presence this............................................. and is the true *signature/thumb print of—
.................................................................................................................................
(Here insert name of person executing or the expression “the person named above”)
who has acknowledged to me−
(i)
that he is of full age;
(ii)
that he is a citizen of Malaysia;
(iii)
that he has voluntarily executed this instrument; and
(iv)
that he understands the contents and effect thereof.
As witness my hand this................................................
.........................................
Signature
*Delete as appropriate 486
National Land Code 745
National Land Code
Form 14a
[Sections 215, 217, 218]
TRANSFER OF LAND, SHARE OR LEASE
[Heading]
I,...................................................................................................................
of........................................................................................................................
*proprietor of the *land/undivided share in the land—
*lessee/sublessee under the *lease/sublease—
described in the Schedule below—
*(a) In consideration of the sum of ........................................ ringgit the receipt of which sum I hereby acknowledge;
*(b) In consideration of—
...........................................................................................................
...........................................................................................................
...........................................................................................................
(Here state the consideration (if other than money) and from whom it moves)
*(c) For no consideration, hereby transfer to the transferee(s) named below, all such title or interest as is vested in me.
Dated on ………………………….....
..........................................................
Signature (or other form of execution)
by or on behalf of transferor
[Attestation Clause]
I,................................................................................................................
of .....................................................................................................................
accept this transfer.
We, ...............................................................................................................
.................................................................................................................................
.................................................................................................................................
487
Laws of Malaysia 746
Act 828
accept this transfer of the undivided shares in the land as stated against our names below—
Names of transferees
Address
Shares of land
..............................................................
Signature (or other form of execution)
by or on behalf of transferees
[Attestation Clause]
[Schedule]
*Delete as appropriate
National Land Code
Form 14b
[Section 218]
TRANSFER OF CHARGE
[Heading]
I,....................................................................................................................
............of………................................................................................................
.......................chargee, under the charge described in the Schedule below of the *land/lease/ sublease so described;
*(a) In consideration of the sum of .................................... ringgit the receipt of which sum I hereby acknowledge;
*(b) In consideration of—
..............................................................................................................
..............................................................................................................
..............................................................................................................
(Here state the consideration (if other than money) and from whom it moves)
488
National Land Code 747
*(c) For no consideration, hereby transfer to the transferee named below, all such title or interest as is vested in me.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of transferor
[Attestation Clause]
I,....................................................................................................................
of .............................................................................................................................
accept this transfer.
..............................................................
Signature (or other form of execution)
by or on behalf of transferee
[Attestation Clause]
[Schedule]
*Delete as appropriate
Form 14c
(Nil)
489
Laws of Malaysia 748
Act 828
National Land Code
Form 14d
[Section 214a]
APPLICATION FOR A CERTIFICATE OF APPROVAL OF TRANSFER,
CONVEYANCE OR DISPOSAL OF ESTATE LAND
The Secretary,
Estate Land Board,
State of............................................
I/We,………………………………………………………………...................
of…………………...........................................................................................
proprietor of the following land:
*Town/Village/Mukim............................................. Lot No. ...............................
Description and No. of Title .......................................... Area ...............................
hereby apply for a Certificate of Approval of Transfer, Conveyance or Disposal of the land to ..........................persons, as indicated in the attached plan.
2.
†I/We append below the following information:
(a)
The purpose of Transfer, Conveyance or Disposal ...............................
..............................................................................................................
(b)
Names and Addresses of intended transferees, purchasers, etc. ..........
............................................................................................................
..............................................................................................................
(c)
The age of the trees ............................................................................
..............................................................................................................
(d)
Total number of existing staff .............................................................
..............................................................................................................
(e)
Total number of existing labourers …..................................................
..............................................................................................................
(f)
Total number of staff living on the Estate…………………….……………..
............................................................................................................
(g)
Total units of labour lines ……………................................................
..............................................................................................................
490
National Land Code 749
Provisions of the
National Land Code
Modification
First Schedule – Form 14d
In its application to the Federal Territory of Labuan, this Form is deleted.
Laws of Malaysia 750
Act 828
(h)
Total number of labourers living on the Estate ..................................
(i)
Current educational facilities for employees .......................................
..............................................................................................................
(j)
Current medical facilities for employees ………………………………
............................................................................................................
(k)
Other facilities ……………………………………………………………...
............................................................................................................
(l)
If workers are being retrenched what amount of gratuity is being paid to each worker …………………………………...……………………………
..............................................................................................................
3.
†The nature of possible effects resulting from the Transfer, Conveyance or Disposal of the land on—
(i)
The existing employees …………………………………………………….
.............................................................................................................
(ii)
The unemployment problems ………………………………………...……
.............................................................................................................
(iii)
Existing educational, medical and other facilities …………….........................
.............................................................................................................
(iv)
Any other relevant information ……………………………………………..
..............................................................................................................
4. I/We hereby certify that the above information is correct.
........................................
Signature of transferees, purchasers, etc.
.......................................
Signature of Proprietor
*Delete as appropriate
†Brief notes under each heading 491
National Land Code 751
National Land Code
Form 15a
[Section 221]
LEASE OF LAND
[Heading]
I,.................................................................................................................
of ..................................................................................................................
proprietor of the land described in the Schedule below, hereby lease to the lessee named below—
*the whole of the land.
*that part of the land specified in the plan and description attached.
2. The term of this lease is—
*(a) for the fixed period of .............. years beginning on ………………………
and terminating on …………...............
*(b) from .....................† to..................† beginning on …………………………..
(†Here enter “month”, “quarter”, “year” etc., as the case may be)
3. This lease is subject to the provisions of the National Land Code and, more particularly, to those of Part Fifteen thereof and to all the express provisions annexed hereto.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of lessor
[Attestation Clause]
I, ...……………………………………………………………………...……...
of .....................................................................................................................
hereby accept this lease.
..............................................................
Signature (or other form of execution)
by or on behalf of lessee 492
Laws of Malaysia 752
Act 828
[Attestation Clause]
*I,..........................................................................................................
of ..............................................................................................................
chargee of the land by virtue of Charge Registered No. .......................
hereby consent to the granting of this lease.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
[Schedule]
Annexure
The express provisions to which this lease is subject—
……………………….......................................................................................
……………………….......................................................................................
(Continuation Sheets to be added as required)
*Delete as appropriate
National Land Code
Form 15b
[Section 222]
SUBLEASE OF LAND
[Heading]
I,............................................................................................................
of .............................................................................................................
*lessee/sublessee under the *lease/sublease described in the Schedule below of *the whole/a part of the land so described;
hereby sublease to the sublessee named below—
*the whole of the land comprised in such *lease/sublease.
*such part of the land comprised in such *lease/sublease as is specified in the plan and description attached.
To be completed only where the land is under charge and where consent to this lease is not included in the instrument of charge 493
National Land Code 753
2. The term of this sublease is—
*(a) for the fixed period of .............. years beginning on …………
and terminating on ……..…….............
*(b) from ………..…......† to ....................† beginning on …………
(†Here enter “month”, “quarter”, “year” etc., as the case may be)
3. This sublease is subject to the provisions of the National Land Code and, more particularly, to those of Part Fifteen thereof and to all the express provisions annexed hereto.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *lessee/sublessee
[Attestation Clause]
I,............................................................................................................
of.....................................................................................................................
hereby accept this lease.
..............................................................
Signature (or other form of execution)
by or on behalf of sublessee
[Attestation Clause]
I,............................................................................................................
of ....................................................................................................................
chargee of the *lease/sublease above referred to by virtue of Charge
Registered No. .......................... hereby consent to the granting of this sublease.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
To be completed only where the scheduled lease or sublease is under charge and where consent to this sublease is not included in the instrument of charge 494
Laws of Malaysia 754
Act 828
[Attestation Clause]
[Schedule]
The express provisions to which this sublease is subject—
..........................................................................................................................
..........................................................................................................................
(Continuation Sheets to be added as required)
*Delete as appropriate
National Land Code
Form 15c
[Section 239]
SURRENDER OF LEASE
[Heading]
I, ...................................................................................................................
of .............................................................................................................................
*lessee/sublessee under the *lease/sublease described in the Schedule below of the land so described;
hereby surrender the same to the *person/body entitled to the reversion thereon as named below.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *lessee/sublessee
[Attestation Clause]
I, ..................................................................................................................
of ....................................................................................................................
being entitled to the reversion on the *lease/sublease above referred to accept this surrender.
495
National Land Code 755
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *proprietor/
superior lessee/sublessee
[Attestation Clause]
*I, ..............................................................................................
of ....................................................................................................
chargee, under Charge Registered No. ..............................., of the
*lease/sublease above referred to hereby consent to its surrender.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
*I, ...............................................................................................
of ...........................................................................................................
chargee, under Charge Registered No. ……............, the reversion on the *lease/sublease above referred to hereby consent to its surrender.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
[Schedule]
*Delete as appropriate
To be completed where the lease or sublease is under charge
To be completed only where the reversion on the lease or sublease is under charge 496
Laws of Malaysia 756
Act 828
National Land Code
Form 16a
[Section 242]
CHARGE
(To secure payment of a principal sum)
[Heading]
I, ...................................................................................................................
of .............................................................................................................................
*proprietor of the land/undivided share in the land described in the Schedule below;
*lessee/sublessee under the *lease/sublease described in the Schedule below of the land so described;
For the purpose of securing—
*(a) the repayment to the chargee named below, *with/without interest, of a loan of ...................... ringgit, the receipt of which I hereby acknowledge;
*(b) the payment to the chargee named below, *with/without interest, and in consideration of—
..............................................................................................................
...........................................................................................................
...................of the sum of ............................. ringgit;
*(c) the payment to the chargee named below, *with/without interest, of the sum from time to time due to him on *my current account/the following account kept between us, hereby charge the said *land/the undivided share in the land/lease/sublease with the payment to him of the said sum and interest thereon, if any, in accordance with the provisions annexed hereto.
Dated on ………………………….....
................................................................
Signature (or other form of execution)
by or on behalf of chargor
[Attestation Clause]
I, ...................................................................................................................
of .............................................................................................................................
accept this charge.
..............................................................
Signature (or other form of execution)
by or on behalf of chargee 497
National Land Code 757
[Attestation Clause]
[Schedule]
(........................................................................)
(Provisions as to payment, rate of interest, if any, etc.)
*Delete as appropriate
National Land Code
Form 16b
[Section 242]
CHARGE
(To secure payment of a periodic sum)
[Heading]
I, ...................................................................................................................
of .............................................................................................................................
*proprietor of the land/undivided share in the land described in the Schedule below;
*lessee/sublessee under the *lease/sublease described in the Schedule below of the land so described;
For the purpose of securing to the chargee named below of the sum of
..................... ringgit *annually/quarterly/monthly/............................†;
(†Here insert period if other than those specified)
And in consideration of—
.................................................................................................................................
.................................................................................................................................
hereby charge the said *land/the undivided share in the land/lease/sublease with such payment in accordance with the provisions annexed hereto.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargor 498
Laws of Malaysia 758
Act 828
[Attestation Clause]
I, ...................................................................................................................
of .............................................................................................................................
accept this charge.
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
[Schedule]
(........................................................................)
(Provisions as to payment, rate of interest, if any, etc.)
*Delete as appropriate
National Land Code
Form 16c
[Section 247]
POSTPONEMENT OF A CHARGE
[Heading]
I, ...................................................................................................................
of .............................................................................................................................
chargee under the charge described in the Schedule below of the *land/
undivided share in the land/lease/sublease so described;
hereby postpone this charge so that in priority it shall rank immediately after Charge Registered No. ...............................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee 499
National Land Code 759
[Attestation Clause]
[Schedule]
*Delete as appropriate
National Land Code
Form 16d
[Section 254]
NOTICE OF DEFAULT WITH RESPECT TO A CHARGE
To .................................................................................................................
of .............................................................................................................................
chargor under the charge described in the Schedule below of the *land/
undivided share in the land/lease/sublease so described.
Whereas you have committed a breach of the provisions of this charge by—
.................................................................................................................................
..........................................................................................................................
..........................................................................................................................
(Here specify the breach in question)
And whereas the breach has continued for a period of at least, one month/†..................................... prior to the date of this notice;
(†Here insert period specified in charge, if different)
I, as chargee, by virtue of the powers conferred by section 254 of the National
Land Code, hereby require you within the period of, one month/†............ from the service of this notice to remedy the breach;
(†Here insert period specified in charge, if different)
And take notice that if you fail to remedy the breach within that period, I shall apply for an order of sale.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee 500
Laws of Malaysia 760
Act 828
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate
National Land Code
Form 16e
[Section 255]
DEMAND FOR PAYMENT OF A PRINCIPAL SUM
[Heading]
To .................................................................................................................
of .............................................................................................................................
chargor under the charge described in the Schedule below of the *land/
undivided share in the land/lease/sublease so described.
Whereas the principal sum secured by the charge amounts to .......................
ringgit and is payable on demand;
I, as chargee, by virtue of the powers conferred by section 255 of the
National Land Code, hereby require payment of that sum forthwith;
And take notice that, if the sum is not paid within one month of the service of this notice, I shall apply for an order of sale.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee 501
National Land Code 761
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate
National Land Code
Form 16f
[Section 259]
CERTIFICATE OF SALE BY COURT
[Heading]
I, ..................................................................................................................
(Here insert name and office)
……………………………………………………………………...………………...
in exercise of the powers conferred by section 259 of the National Land Code, hereby certify that the *land/undivided share in the land/lease/sublease described in the Schedule below has, for the sum of ................................ ringgit, (the receipt of which is hereby acknowledged) been sold to—
.................................................................................................................................
of .............................................................................................................................
pursuant to an order of the Court under section 256 of the National Land Code, made on the application of the chargee under Charge Registered No. .....................
The *issue document of title to the land/duplicate lease/sublease—
*(a) is now attached;
*(b) has not at any time been deposited with the Court and is not attached.
Dated on ………………………….....
.............................................................
Officer of the Court
[Schedule]
*Delete as appropriate 502
Laws of Malaysia 762
Act 828
National Land Code
Form 16g
[Section 260]
APPLICATION BY CHARGEE FOR ORDER FOR SALE
To the Land Administrator, District of ........................................................
I, ...................................................................................................................
of .............................................................................................................................
chargee under the charge described in the Schedule below of the *land/
undivided share in the land/lease/sublease so described;
hereby make application for an order for sale thereof.
I declare that a notice in Form *16d/16e, a copy of which is attached, was served upon the chargor ..................................................................................
........................ of ........................... on ......................, and that the chargor has failed to comply with the notice within the period specified therein.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 503
National Land Code 763
Provisions of the
National Land Code
Modification
First Schedule – Form 16g
In its application to the Federal Territory of Labuan, this Form is deleted.
Laws of Malaysia 764
Act 828
National Land Code
Form 16h
[Sections 257 and 263]
ORDER FOR SALE AT INSTANCE OF THE CHARGEE
I, ...................................................................................................................
*Registrar of the High Court/Land Administrator in exercise of the powers conferred by *section 257/263 of the National Land Code, hereby order the sale of the *land/undivided share in the *land/lease/sublease described in the
Schedule
Schedule below;
And I further order—
(a)
that the sale shall be by public auction, to be held on ……………..
at ........................ *forenoon/afternoon in—
...............................................................................................................
.............................................................................................................
.............................................................................................................
(State the place of the auction)
(b)
that the reserve price for the purpose of the sale shall be RM.................
(In words – ........................................................ Ringgit Malaysia).
2. I find that the amount due to the *chargee/chargees at this date is RM—
*(a) RM ................................ Name of chargee .........................................
(b)
RM .................................Name of chargee .........................................
(c)
RM ................................. Name of chargee ........................................
3. The sale shall be subject to the following conditions:
(a)
the bidder possesses, the sum equivalent to ten per centum of the reserve price specified under subparagraph (b) of the first paragraph above:
RM ......................................................... (in words ...............................
Ringgit Malaysia);
(b)
the full amount of the purchase price may be paid immediately after the fall of the hammer by the successful bidder to the chargee;
504
National Land Code 765
Provisions of the
National Land Code
Modification
First Schedule – Form 16h
In its application to the Federal Territory of Labuan—
(a)
in the subheading, substitute for the words “[Sections 257 and 263]” the words
“[Section 257]”;
(b)
in the first paragraph—
(i)
substitute for the words “*Registrar of the High Court/Land Administrator” the words “Registrar of the High Court”;
and
(ii)
substitute for the words “*section 257/263”
the words “section 257”;
(c)
at the end of the Form, delete the words “/Land
Administrator”.
Laws of Malaysia 766
Act 828
(c)
where the full amount of the purchase price is not paid after the fall of the hammer by the successful bidder—
(i)
then the sum specified in subparagraph (a) shall be paid to the chargee and it shall be retained as a deposit until the full purchase price has been paid; and
(ii)
pending the settlement of the balance of the purchase price, the sum specified in subsubparagraph (i) shall be credited into the account of the chargor for the purpose of reducing the amount due to the chargee;
(d)
the balance of the purchase price shall be settled within a date not later than one hundred and twenty days from the date of the sale, that is, not later than ……………… and there shall be no extension of the period so specified; and
(e)
where the full purchase price is not settled on or by the date specified in subparagraph (d), the sum paid as deposit under subparagraph (c)
to the chargee shall be forfeited and disposed of in the manner specified under section 267.
Dated on ………………………….....
............................................
*Registrar of the Court/
Land Administrator
District of ………………………
State of …………………………
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 505
National Land Code 767
Provisions of the
National Land Code
Modification
Laws of Malaysia 768
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 16i In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 769
National Land Code
Form 16i
[Section 265]
CERTIFICATE OF SALE BY LAND ADMINISTRATOR
[Heading]
I, ...................................................................................................................
Land Administrator for the District of ....................................................................
in exercise of the powers conferred by section 265 of the National Land Code hereby certify that the *land/undivided share in the land/lease/sublease described in the Schedule below has, for the sum of ...................................... ringgit (the receipt of which is hereby acknowledged) been sold to ………………...………..
………………………………………………………………………...………...…
of …….................................................................................... pursuant to an order of the Land Administrator under section 263 of the National Land Code, made on the application of the chargee under Charge Registered No. …………........
*The issue document of title to the land
*The duplicate *lease/sublease
*is/is not now attached.
Dated on ………………………….....
……………………………………….
Land Administrator
District .................................................
[Schedule]
*Delete as appropriate 506
Laws of Malaysia 770
Act 828
National Land Code
Form 16j
[Section 272]
NOTICE OF ENTRY INTO POSSESSION:
BY RECEIVING RENTS
To .................................................................................................................
of .............................................................................................................................
*lessee/sublessee/tenant of the following land:
*Town/Village/Mukim.................................. *Lot/Parcel/L.O. No. ......................
Description and No. of Title....................................... Area ...............................
Whereas *the above land/Lease Registered No. ..........................................
on the above land is charged to me under Charge Registered No. ..............................;
And whereas the chargor is in breach of the agreements in the charge;
Now, I, .........................................................................................................
of ............................................................................................................................
chargee under the charge hereby give notice that, in exercise of the powers conferred by section 271 of the National Land Code, I am entering into possession of the above land by receiving the rents due thereon;
And take notice that, by virtue of section 272 of the National Land Code, upon the service of this notice all the rights, powers and remedies of the chargor with respect to the receipt and recovery of, and the giving of discharges for, the rent payable by you to the chargor (including any amount due, but not yet paid) shall pass to me.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
*Delete as appropriate 507
National Land Code 771
Provisions of the
National Land Code
Modification
First Schedule – Form 16j
In its application to the Federal Territory of Labuan, in the first paragraph, substitute for the words
“Town/Village/Mukim” the words “Town/ Country”.
Laws of Malaysia 772
Act 828
National Land Code
Form 16k
[Section 272]
NOTICE OF ENTRY INTO POSSESSION:
BY GOING INTO OCCUPATION
To .................................................................................................................
of .............................................................................................................................
*proprietor/lessee/sublessee of the following land:
*Town/Village/Mukim ....................................... Lot/L.O. No. ..............................
Description and No. of Title ................................. Area ...............................
Whereas you, as chargor under Charge Registered No. …..............................
are in breach of the agreements in the charge;
Now, I, .........................................................................................................
of .............................................................................................................................
chargee give notice that, in exercise of the powers conferred by section 271
of the National Land Code, I am entering into possession by going into occupation of—
*(a) the whole of the land/that part of the land described below—
*(b) the whole of the land comprised in Lease Registered No. ...................... /
that part of the land comprised in Lease Registered No. ……......................
described below—
.................................................................................................................
.................................................................................................................
.................................................................................................................
(Here insert description of the part of the land (if appropriate))
And I further give notice that if, within the period of ............................
from the date of this notice, you fail to *admit me/secure my admission to the said land I may apply to the Court for an order for possession.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
*Delete as appropriate 508
National Land Code 773
Provisions of the
National Land Code
Modification
First Schedule – Form 16k
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 774
Act 828
National Land Code
Form 16l
[Section 276]
CANCELLATION OF NOTICE OF ENTRY INTO POSSESSION (FORM 16j)
To .................................................................................................................
of .............................................................................................................................
*lessee/sublessee/tenant of the following land:
*Town/Village/Mukim ............................. *Lot/Parcel/L.O. No. ...........................
Description and No. of Title ......................... Area .....................................
Whereas *the above land/Lease Registered No. .................................. on the above land has ceased to be subject to any liability under Charge Registered
No. ................................;
I, ...................................................................................................................
of .............................................................................................................................
chargor under the charge, in exercise of the powers conferred by section 276
of the National Land Code, hereby give notice that the notice in Form 16j, executed by the chargee on …………………..…, is cancelled.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargor
*Delete as appropriate 509
National Land Code 775
Provisions of the
National Land Code
Modification
First Schedule – Form 16l In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 776
Act 828
National Land Code
Form 16m
[Section 276]
CANCELLATION OF NOTICE OF ENTRY INTO POSSESSION (FORM 16j)
To .................................................................................................................
of .............................................................................................................................
*lessee/sublessee/tenant of the following land:
*Town/Village/Mukim............................... *Lot/Parcel/L.O. No. ..........................
Description and No. of Title ............................ Area ..................................
Whereas *the above land/Lease Registered No. ................................. on the above land was purchased by me at a sale by order of the *Land Administrator/
Court;
I, ...................................................................................................................
of .............................................................................................................................
purchaser, in exercise of the powers conferred by section 276 of the National
Land Code, hereby give notice that the notice in Form 16j, executed by the chargee on ………………..., is cancelled.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of purchaser
*Delete as appropriate 510
National Land Code 777
Provisions of the
National Land Code
Modification
First Schedule – Form 16m
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 778
Act 828
National Land Code
Form 16n
[Section 278]
DISCHARGE OF CHARGE
[Heading]
I, ...................................................................................................................
of..............................................................................................................................
chargee under the charge described in the Schedule below of the *land/s/
undivided share in the land/s/lease/s/sublease/s so described;
hereby discharge from all further liability under the charge—
*the whole of the *land/s/undivided share in the land/s/lease/s/sublease/s.
*such of the *lands/undivided share in the land/s/leases/subleases as are marked “Discharged” in the 6th column of the Schedule.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
Schedule
Schedule of Land *and Interest
*Town/
Village/
Mukim
*Lot/Parcel/
Description and No. of
Title
Registered
No. of *lease/
sublease (if any)
Registered
No. of charge (if any)
Discharged
(1)
(2)
(3)
(4)
(5)
(6)
*Delete as appropriate 511
National Land Code 779
Provisions of the
National Land Code
Modification
First Schedule – Form 16n
In its application to the Federal Territory of Labuan, in the “SCHEDULE OF LAND *AND INTEREST”, in column (1), substitute for the words “Town/Village/
Mukim” the words “Town/Country”.
Laws of Malaysia 780
Act 828
National Land Code
Form 16o
[Section 264a]
APPLICATION FOR POSTPONEMENT OR CANCELLATION OF AN
ORDER FOR SALE BY PUBLIC AUCTION
To the
Land Administrator,
....................................................
*I/We ........................................... chargee under the charge described in the
Schedule
Schedule below of the *land/undivided share in the land/lease/sublease so described, hereby make an application for an order for the *postponement/
cancellation, of the Order for Sale dated ..........................................
2. As required, *I/we now submit the prescribed fee of ………………. ringgit.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of the chargee
*I/We, of ................................. agree to the application of the *postponement/
cancellation of the Order for Sale stated above.
Dated on ………………………….....
...............................................................
Signature (or other form of execution)
by or on behalf of the chargor
Schedule
Schedule of Land *and Interest
[as in Form 13a]
For Official Use Only
Received on ……………………....
Approved/Rejected on ...................
..……………………………….
Land Administrator
District of ................................
State of ....................................
*Delete as appropriate 512
National Land Code 781
Provisions of the
National Land Code
Modification
First Schedule – Form 16o
In its application to the Federal Territory of Labuan, this Form is deleted.
Laws of Malaysia 782
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 16p
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 783
National Land Code
Form 16p
[Section 264a]
NOTICE OF *POSTPONEMENT/CANCELLATION OF A
SALE BY PUBLIC AUCTION
Pursuant to an application of the chargee, with the concurrence of the chargor, under Charge Registered No. ................................ made on ……………………….
I hereby declare that the said sale is hereby *postponed/cancelled.
*And I order that the sale by public auction shall be held at ...............................
on …………………at .................... hours in the *forenoon/afternoon.
Dated on ………………………….....
..……………………………….
Land Administrator
District .................................
Schedule
Schedule of Land * and Interest
[as in Form 13a]
*Delete as appropriate 513
Laws of Malaysia 784
Act 828
National Land Code
Form 16q
[Section 266a]
STATEMENT OF PAYMENT DUE IN CONNECTION WITH A SALE BY
PUBLIC AUCTION
To the *Registrar of the Court,
………………………………./
Land Administrator,
District of .................................
State of .....................................
Pursuant to an order for sale dated ………………...…... made on the application of the chargee under Charge Registered No. ....................................... and sale by public auction on ………………., take notice that the sum due are as follows:
(a)
rent payable to the State Authority
(b)
other outgoings to the State Authority
(c)
rate payable to the local authority
(d)
expenses incurred in connection with the sale by the *Court/Land Administrator
Total
RM ..............................
..............................
RM ..............................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of the chargee
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 514
National Land Code 785
Provisions of the
National Land Code
Modification
First Schedule – Form 16q
In its application to the Federal Territory of Labuan—
(a)
substitute for the following words: “To the
*Registrar of the Court, …………...……………
Land Administrator, District of …...…………....
State of ……………………….....” the following words: “To the Registrar of the Court, …….….”;
(b)
in paragraph (d), substitute for the words
“*Court/Land Administrator” the word “Court”.
Laws of Malaysia 786
Act 828
National Land Code
Form 17a
[Section 286]
GRANT OF EASEMENT
[Heading]
I, ...................................................................................................................
of .............................................................................................................................
proprietor of the *land/s (hereinafter referred to as the servient land) described in Part I of the Schedule below;
*(a) In consideration of the sum of ....................... ringgit the receipt of which sum I hereby acknowledge;
*(b) In consideration of—
..............................................................................................................
..............................................................................................................
..............................................................................................................
(Here state the consideration (if other than money) and from whom it moves)
*(c) For no consideration, hereby grant to the grantee named below, being proprietor of the *land/s
(hereinafter referred to as the dominant land) described in Part II of the
Schedule
Schedule below—
the right of easement described in Part III of that Schedule to bind the servient land and to benefit the dominant land—
*in perpetuity;
*for the fixed period of .................. years beginning on …………....... and terminating on …………………
*2. This grant is subject to the agreement annexed hereto.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of the proprietor of the servient land 515
National Land Code 787
[Attestation Clause]
I, ..........................................................................................................
of.....................................................................................................................
accept the right of this easement on the terms stated.
..............................................................
Signature (or other form of execution)
by or on behalf of the proprietor of the dominant land
[Attestation Clause]
*I, ........................................................................................................
of.....................................................................................................................
*lessee/tenant/chargee by virtue of—
*Lease Registered No. ....................,
*Tenancy exempt from registration and protected by endorsement,
*Charge Registered No. ..................., hereby consent to this grant of easement.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *lessee/tenant/
chargee
To be completed only where the servient land is subject to a lease, tenancy or charge (or one or more of these)
516
Laws of Malaysia 788
Act 828
[Attestation Clause]
Schedule
*Town/
Village/
Mukim
*Lot/Parcel/
Description and No. of
Title
*Lease/Tenancy/
Charge (if any)
over land in
*Part I/Part II
Part I
(Servient Land)
(1)
(2)
(3)
(4)
Part II (Dominant
Land)
Part III, Description of the Easement
……………………………………………………………………………………..…………………….......
……………………………………………………………………………………..…………………….......
……………………………………………………………………………………..…………………….......
*as more particularly delineated in the Plan attached hereto.
*Delete as appropriate
National Land Code
Form 17b
[Section 286]
GRANT OF CROSS EASEMENTS
(IN RESPECT OF A PARTY WALL)
[Heading]
We (i) ...........................................................................................................
of .............................................................................................................................
and (ii) .....................................................................................................................
of .............................................................................................................................
proprietors respectively of the adjacent lands described in Parts I and II of the Schedule below;
*(a) In consideration of the sum of ...................... ringgit the receipt of which sum I hereby acknowledge;
517
National Land Code 789
Provisions of the
National Land Code
Modification
First Schedule – Form 17a
In its application to the Federal Territory of Labuan, in the “SCHEDULE”, in column (1), substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
Laws of Malaysia 790
Act 828
*(b) In consideration of—
.....................................................................................................
.....................................................................................................
.....................................................................................................
(Here state the consideration (if other than money) and from whom it moves)
*(c) For no consideration, hereby grant, each to the other, cross easements of support—
*in perpetuity;
*for the fixed period of .................... years beginning on ………………....... and terminating on …………………
in respect of the party wall erected upon the common *boundary/boundaries of the two lands and which, solely for the purposes of identification, is marked ............................ upon the Plan attached hereto.
*2. This grant is subject to the Agreement annexed hereto.
Dated on ………………………….....
...............................................
...............................................
Signature (or other form of
Signature (or other form of execution) by or on behalf execution) by or on behalf of of the proprietor of the the proprietor of the land land described in Part I described in Part II
[Attestation Clause]
[Attestation Clause]
*I, ........................................................................................................
of.....................................................................................................................
*lessee/tenant/chargee by virtue of—
*Lease Registered No. ....................,
*Tenancy exempt from registration and protected by endorsement,
*Charge Registered No. ..................., hereby consent to this grant of easement.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *lessee/tenant/
chargee
To be completed only where one or both of the lands is/are subject to a lease, tenancy or charge 518
National Land Code 791
Provisions of the
National Land Code
Modification
Laws of Malaysia 792
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 17b In its application to the Federal Territory of Labuan, in the “SCHEDULE OF ADJACENT LANDS”, in column (1), substitute for the words “Town/
Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 793
[Attestation Clause]
Schedule
Schedule of Adjacent Lands
*Town/
Village/
Mukim
*Lot/
Parcel/
Description and No. of
Title
*Lease/
Tenancy/
Charge (if any) over land in
*Part I/
Part I …
(1)
(2)
(3)
(4)
Part II …
*Delete as appropriate 519
Laws of Malaysia 794
Act 828
National Land Code
Form 17c
[Section 289]
RELEASE OF EASEMENT
[Heading]
I, ..........................................................................................................
of ....................................................................................................................
proprietor of the *land/s (hereinafter referred to as the dominant land)
described in Part II of the Schedule below having the benefit of Easement
Registered No. ..................... which binds the *land/s (hereinafter referred to as the servient land) described in Part I of that Schedule;
*(a) In consideration of the sum of .................... ringgit the receipt of which sum I hereby acknowledge;
*(b) In consideration of—
………………..........................……………...........………………
………………..........................…………...........…………………
………………..........................……………...........………………
(Here insert consideration (if other than money) and from whom it moves)
*(c) For no consideration, hereby release the said easement.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of the proprietor of the land described in Part II
[Attestation Clause]
*I, ........................................................................................................
of.....................................................................................................................
*lessee/tenant/chargee by virtue of—
*Lease Registered No. .....................,
*Tenancy exempt from registration and protected by endorsement,
*Charge Registered No. ...................., hereby consent to the release of the said easement.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of *lessee/tenant/
chargee
To be completed only where the dominant land is subject to a lease, tenancy or charge [the holder of which is entitled to the benefit of the easement]
520
National Land Code 795
Provisions of the
National Land Code
Modification
First Schedule – Form 17c In its application to the Federal Territory of Labuan, in the “SCHEDULE”, in column (1), substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
Laws of Malaysia 796
Act 828
[Attestation Clause]
Schedule
*Town/
Village/
Mukim
*Lot/
Parcel/ L.O.
Description and No. of
Title
*Lease/
Tenancy/
Charge (if any) over land in
*Part I/
Part I
(Servient Land)
(1)
(2)
(3)
(4)
(Dominant
Land)
*Delete as appropriate 521
National Land Code 797
National Land Code
Form 18a
[Section 313]
APPLICATION FOR CANCELLATION OF LEASE
To the Registrar ...........................................................................................
(Here enter name of State or District)
I, ...................................................................................................................
of .............................................................................................................................
*proprietor of the land described in the Schedule below;
*lessee/sublessee under the *lease/sublease described in the Schedule below of the land so described;
hereby apply for the cancellation on the register document of title to the said land of the memorial of *Lease/Sublease Registered No. ...............................
2.
As required by section 313 of the National Land Code, I now—
*(a) attach *the issue document of title to the land/the duplicate *lease/
sublease described in the Schedule;
*(b) declare that I am unable to attach the document containing the copy of the memorial of registration for the following reason:
……………………………………………………………………………..
……………………………………………………………………………..
……………………………………………………………………………..
3. As further required by section 313, I declare that the said *Lease/Sublease
Registered No. ....................... has been determined by—
.................................................................................................................................
.................................................................................................................................
(Here enter the manner of determination)
of which determination I submit the following evidence:
...............................................................................................................................
................................................................................................................................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant 522
Laws of Malaysia 798
Act 828
[Attestation Clause]
Schedule
Schedule of Land or Lease Affected
*Town/ Village/
Mukim
*Lot/ Parcel/
Description and
No. of Title
Registered No. of
*lease/sublease
(where appropriate)
(1)
(2)
(3)
(4)
*Delete as appropriate
National Land Code
Form 18b
[Section 314]
APPLICATION FOR CANCELLATION
OF CHARGE
To the Registrar ...........................................................................................
(Here enter name of State or District)
I, ...................................................................................................................
of..............................................................................................................................
*proprietor of the land/undivided share in the land described in the Schedule below;
*lessee/sublessee under the *lease/sublease described in the Schedule below of the land so described;
hereby apply for the cancellation on the register document of title to the said land of the memorial of Charge Registered No. ......................................
523
National Land Code 799
Provisions of the
National Land Code
Modification
First Schedule – Form 18a
In its application to the Federal Territory of Labuan, in the “SCHEDULE OF LAND OR LEASE
AFFECTED”, in column (1), substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 800
Act 828
2. As required by section 314 of the National Land Code, I now—
*(a) attach *the issue document of title to the land/the duplicate *lease/
sublease described in the Schedule;
*(b) declare that I am unable to attach the document containing the copy of the memorial of registration for the following reason:
............................................................................................................
............................................................................................................
............................................................................................................
3. As further required by section 314, I now—
*(a) attach a certificate of payment in Form 18c.
*(b) submit the following evidence that the said *land/lease/sublease has been discharged by payment:
............................................................................................................
............................................................................................................
............................................................................................................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant
[Attestation Clause]
Schedule
Schedule of Land or Lease Affected
*Town/ Village/
Mukim
*Lot/ Parcel/
Description and
No. of Title
Registered No. of
*lease/sublease
(where appropriate)
(1)
(2)
(3)
(4)
*Delete as appropriate 524
National Land Code 801
Provisions of the
National Land Code
Modification
First Schedule – Form 18b In its application to the Federal Territory of Labuan, in the “SCHEDULE OF LAND OR LEASE
AFFECTED”, in column (1), substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 802
Act 828
National Land Code
Form 18c
[Section 314]
CERTIFICATE OF PAYMENT DUE ON A CHARGE
I, ...................................................................................................................
of .............................................................................................................................
chargee under Charge Registered No. ...................... of the *land/undivided share in the land/lease/sublease described in the Schedule below;
hereby certify that the sums due under the charge have been paid in full.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of chargee
[Attestation Clause]
Schedule
Schedule of Land or Lease Affected
[as in Form 18a]
*Delete as appropriate 525
National Land Code 803
National Land Code
Form 18d
[Section 315]
APPLICATION FOR CANCELLATION OF AN EASEMENT
To the Registrar......................................................................................................
(Here enter name of State or District)
I, ...................................................................................................................
of .............................................................................................................................
proprietor of the servient land described in Part I of the Schedule below hereby apply for the cancellation on the register documents of title both of the servient land and of the dominant land described in Part II of the Schedule —
of the memorials of Easement Registered No. ........................................................
on the grounds that ..................................................................................................
.................................................................................................................................
2. As required by section 315 of the National Land Code, I now—
(a)
*attach/declare that I am unable to attach—
the issue document of title to the servient land
*for the following reasons:
..............................................................................................................
..............................................................................................................
(b)
submit the following evidence of the grounds on which this application is based:
..............................................................................................................
..............................................................................................................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of the proprietor of the servient land 526
Laws of Malaysia 804
Act 828
[Attestation Clause]
Schedule
*Town/ Village/
Mukim
*Lot/
Parcel/
Description and
No. of Title
Part I
(Servient Land)
(1)
(2)
(3)
(Dominant Land)
*Delete as appropriate
National Land Code
Form 19a
[Section 321]
NOTICE OF THE ENTRY OF A CAVEAT
To...................................................................................................................
of..............................................................................................................................
*proprietor of the land described in the Schedule below;
*lessee/sublessee/chargee under the *lease/sublease/charge described in the
Schedule
Schedule below of the land so described.
This is to inform you that, in exercise of the powers conferred by section *321/324/330, I have this day entered, upon the register document of title to the said land—
*(a) a Registrar’s Caveat.
*(b) a *Private Caveat/Lienholder’s Caveat on the application of—
..............................................................................................................
527
National Land Code 805
Provisions of the
National Land Code
Modification
First Schedule – Form 18d
In its application to the Federal Territory of Labuan, in the “SCHEDULE”, in column (1), substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
First Schedule – Form 19a
In its application to the Federal Territory of Labuan, at the end of the Form, delete the words “/Land
Administrator”.
Laws of Malaysia 806
Act 828
This caveat is expressed to bind—
*the whole of the land/the undivided share in the land/the particular interest described in the said Schedule; and the effect thereof is—
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
(Here state the effect of the caveat)
Dated on ………………………….....
..............................................................
Registrar/Land Administrator
State/District…………………………
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate
National Land Code
Form 19b
[Section 323]
APPLICATION FOR ENTRY OF A PRIVATE CAVEAT
To the *Registrar/Land Administrator ..........................................................
(Here enter name of State or District as appropriate)
I, ...................................................................................................................
of .............................................................................................................................
hereby apply for the entry of a caveat upon the title to the land described in the Schedule below; to be expressed to bind—
*the land itself/the particular interest described in the said Schedule.
2. The grounds of my claim to the *land/interest are—
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
528
National Land Code 807
Provisions of the
National Land Code
Modification
First Schedule – Form 19b
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
Laws of Malaysia 808
Act 828
3. As required by section 323 of the National Land Code, I now submit—
(a)
the prescribed fee of .......................... ringgit;
(b)
a statutory declaration of *myself/my advocate and solicitor verifying the claim set out in paragraph 2 above; and
(c)
if relating to a part of the land, a description or a plan of the land affected, or if relating to an undivided share in the land or part thereof, a description thereof.
**4. The last known address of the proprietor in my knowledge is:
…………………………………………………………………...…………………...
………………………………………………………………………………………..
*5.
I hereby agree to accept service by facsimile and the number is ………...…...
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant
[Attestation Clause]
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate
**Not applicable in the case of a caveat binding a particular interest only
National Land Code
Form 19c
[Section 326]
NOTICE OF INTENDED REMOVAL OF CAVEAT
To .................................................................................................................
of .............................................................................................................................
at whose instance Private Caveat Registered No. .................. is entered upon the title to the land described in the Schedule below.
529
National Land Code 809
Provisions of the
National Land Code
Modification
First Schedule – Form 19c In its application to the Federal Territory of Labuan, at the end of the Form, delete the words “/Land
Administrator”.
Laws of Malaysia 810
Act 828
Whereas the above caveat is expressed to bind—
*the whole of the land/the undivided share in the land/the particular interest described in the said Schedule;
And whereas—
*the proprietor of the land.
*the lessee/sublessee/chargee under the interest described has applied to me for the removal of the said caveat;
Take notice that, in exercise of the powers conferred by section 326 of the National Land Code, I shall, at the expiry of the period of two months from the date of service of this notice, or of such further period, if any, as the Court may order, remove the caveat.
Dated on ………………………….....
..............................................................
Registrar/Land Administrator
State/District…………………………
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 530
National Land Code 811
Provisions of the
National Land Code
Modification
Laws of Malaysia 812
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 19d
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
National Land Code
National Land Code 813
National Land Code
Form 19d
[Section 330]
APPLICATION FOR ENTRY OF A
LIENHOLDER’S CAVEAT
To the *Registrar/Land Administrator ..........................................................
(Here enter name of State or District as appropriate)
I, ...................................................................................................................
of .............................................................................................................................
hereby apply for the entry of a caveat expressed to bind—
*the land described in the Schedule below;
*the lease described in the Schedule below of the land so described.
2. I declare that—
*the issue document of title to the land
*the duplicate lease has been deposited with me as security.
3. As required by section 330 of the National Land Code, I now submit—
(a)
the prescribed fee of ................... ringgit;
(b)
the *issue document of title/duplicate lease.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant
[Attestation Clause]
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 531
Laws of Malaysia 814
Act 828
National Land Code
Form 19e
[Section 333]
APPLICATION FOR ENTRY OF A TRUST CAVEAT
I, ...................................................................................................................
of .............................................................................................................................
hereby apply for the entry of a caveat expressed to bind—
*the land described in the Schedule below;
*the lease described in the Schedule below of the land so described.
2. My interest under the trust of the *land/lease is—
.................................................................................................................................
.................................................................................................................................
3. As required by section 333 of the National Land Code, I now submit—
(a)
the prescribed fee of .................. ringgit;
*(b) the instrument by which the—
*land/interest is transferred by way of trust;
*trust with respect to the land/interest is created.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant
[Attestation Clause]
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 532
National Land Code 815
Provisions of the
National Land Code
Modification
Laws of Malaysia 816
Act 828
Provisions of the
National Land Code
Modification
First Schedule–Form 19f In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
delete the words “/Land Administrator” wherever they appear.
National Land Code
National Land Code 817
National Land Code
Form 19f
[Section 320]
ENTRY OF REGISTRAR’S CAVEAT
By virtue of the powers conferred on me by section 320 of the National Land
Code, I have entered a Registrar’s Caveat on the land held under Title
No. ………………… for Lot No. …………………………………...……………….
*Town/Village/Mukim….…………………… District……………………………...
for the following reason:
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
2. This caveat shall, so long as it continues in force, prohibit the registration, endorsement or entry on that document, of any instrument of dealing, any claim to the benefit of a tenancy exempt from registration and any lienholder’s caveat. This prohibition shall apply to any such instrument, claim or application notwithstanding that it was received before this caveat was entered.
Dated on ………………………….....
………………………………….
Registrar/Land Administrator
Endorsement regarding the entry of Registrar’s Caveat Volume No. ……………...
Folio No. ……………. is made in the register document of title on ………………….
………………………………….
Registrar/Land Administrator
*Delete as appropriate 533
Laws of Malaysia 818
Act 828
National Land Code
Form 19g
[Section 325]
NOTICE TO WITHDRAW PRIVATE CAVEAT
To the *Registrar/Land Administrator …………………………………………….
(Here enter the name of the State or District as appropriate)
I ……………………………………………………………...………………….
of …………………………………………………………………………………......
being the *person/body/personal representative of the person who entered Private
Caveat Volume No. …………………………………………………………………..
Folio No. ……………..……… against the *land/undivided share in the land/
interest described in the Schedule below, hereby give notice that I wish to withdraw the said caveat under section 325 of the National Land Code.
2. As required, I submit herewith the prescribed fee of …………………..
ringgit.
Dated on ………………………….....
…………………………
Signature of *caveator/
personal representative of caveator
[Attestation Clause]
Schedule
Schedule of Land *and Interest
[as in Form 13a]
*Delete as appropriate 534
National Land Code 819
Provisions of the
National Land Code
Modification
First Schedule – Form 19g
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
Laws of Malaysia 820
Act 828
National Land Code
Form 19h
[Section 326]
APPLICATION FOR REMOVAL OF PRIVATE CAVEAT
To the *Registrar/Land Administrator …………………………………….………....
(Here enter the name of State or District as appropriate)
I....………………………………………………………………………………
of …………………………………………………………………………………
being the *proprietor/lessee/sublessee/chargee ………………………. whose
*land/undivided share in the land/interest is bound by Private Caveat
Volume No. ………………………………..…. Folio No. ………………………………
which is entered by …………………………….. on …………………... hereby apply for the removal of the said caveat under section 326 of the National
Land Code.
2. As required, I submit herewith the prescribed fee of ………………. ringgit.
Dated on ………………………….....
……………………………
Signature of applicant
[Attestation Clause]
Schedule
Schedule of *Land/Interest
[as in Form 13a]
*Delete as appropriate 535
National Land Code 821
Provisions of the
National Land Code
Modification
First Schedule – Form 19h
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
Laws of Malaysia 822
Act 828
National Land Code
Form 23a
[Section 351]
NOTICE OF REVERSION OR VESTING OF LAND
WHERE PROPRIETOR HAS DIED
Whereas it appears to me that—
.................................................................................................................................
registered proprietor of the land/undivided share in the land described in the
Schedule
Schedule below has died without successors;
Now, in exercise of the powers conferred by section 351 of the National
Land Code, I hereby give notice that unless within the period of one year from the date of publication of this notice, or of such further period as may be granted—
(i)
it has been proved to my satisfaction that the proprietor named above is still alive; or
(ii)
some other person or body has been registered as proprietor of the land; or
(iii)
a petition has been filed or lodged for a grant of representation to, or the distribution of, the estate of the proprietor named above, then at the end of the time specified, or of such extended time, if any, the said land will revert to/the undivided share in the land will vest in the State.
I further give notice that any person interested in obtaining an extension of the specified period of notice should make application to me before the expiry of that period.
Dated on ………………………….....
……….......................................................
Land Administrator
District.....................................................
Schedule
*Town/Village/Mukim .................................*Lot/Parcel/L.O. No. ............................
Description and No. of Title........................... Area.................................................
*Delete as appropriate 536
National Land Code 823
Provisions of the
National Land Code
Modification
First Schedule – Form 23a
In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE”, substitute for the words “Town/Village/Mukim” the words
“Town/ Country”.
Laws of Malaysia 824
Act 828
National Land Code
Form 23b
[Section 352]
NOTICE OF REVERSION WHERE TITLE
HAS BEEN ABANDONED
Whereas it appears to me that—
.................................................................................................................................
registered proprietor of the land described in the Schedule below has abandoned his title thereto;
Now, in exercise of the powers conferred by section 352 of the National
Land Code, I hereby give notice that unless within the period of one year from the date of publication of this notice, or of such further period as may be granted—
(i)
the proprietor named above has satisfied me that he has not in fact abandoned his title; or
(ii)
it has been proved to my satisfaction that the proprietor has died, then at the end of such period the time specified, or of such extended time, if any, the said land will revert to the State.
I further give notice that any person interested in obtaining an extension of the specified period of notice should make application to me before the expiry of that period.
Dated on ………………………….....
……….......................................................
Land Administrator
District.....................................................
Schedule
*Town/Village/Mukim .................................*Lot/Parcel/L.O. No. ............................
Description and No. of Title............................ Area................................................
*Delete as appropriate 537
National Land Code 825
Provisions of the
National Land Code
Modification
First Schedule – Form 23b In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE”, substitute for the words “Town/Village/Mukim” the words
“Town/Country”.
Laws of Malaysia 826
Act 828
National Land Code
Form 25a
(Deleted by Act A752)
________________
National Land Code
Form 26a
[Section 379]
NOTIFICATION OF CHANGE OF ADDRESS
To the Registrar/Land Administrator ............................................................
(Here enter the name of State or District as appropriate)
*I/We ............................................................................................................
being the *proprietor/lessee/sublessee/chargee/caveator/............................................
of……..............................................................................hereby notify that *my/our
(Here describe land/interest in land)
new address is as follows:
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
Dated on ………………………….....
..............................................................
Signature of *proprietor/lessee/sublessee/
chargee/
caveator, etc.
*Delete as appropriate 538
National Land Code 827
Provisions of the
National Land Code
Modification
First Schedule – Form 26a
In its application to the Federal Territory of Labuan, delete the words “/Land Administrator”.
Laws of Malaysia 828
Act 828
National Land Code
Form 28a
[Section 390]
APPLICATION FOR A PRIVATE RIGHT OF WAY
To the Land Administrator, District of ........................................................
I, ...................................................................................................................
of .............................................................................................................................
*proprietor/lawful occupier (as *lessee/tenant/chargee) of—
*officer *in charge of/authorized to act in respect of—
the land described in the Schedule below;
hereby apply for the creation of a private right of way from the land to the nearest public terminal, viz.
.................................................................................................................................
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant
Schedule
Town/Village/Mukim.........................................*Lot/L.O. No. ................................
Description and No. of Title........................... Area.................................................
Nature of land—*Privately owned/State Land/Reserved Forest/Reserve for
…………………………...……………..…………………………………………….
*Delete as appropriate 539
National Land Code 829
Provisions of the
National Land Code
Modification
First Schedule – Form 28a
In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE”, substitute for the word “Mukim” the word “District”.
Laws of Malaysia 830
Act 828
National Land Code
Form 28b
[Section 391]
MEMORIAL OF A LAND ADMINISTRATOR’S RIGHT OF WAY
*(a) A public right of way
*(b) A private right of way for the benefit of Lot.....................
has, by order of the Land Administrator, Registered No. .................., been constituted across this land, as shown for the purposes of identification on the plan included in this title.
Dated on ………………………….....
..............................................................
Registrar/Land Administrator
State/District…………………………
*Delete as appropriate
National Land Code
Form 28c
[Section 394]
APPLICATION TO SHARE IN A PRIVATE RIGHT OF WAY
To the Land Administrator, District of..........................................................
I, ..............................................................................................................................
of..............................................................................................................................
*proprietor/occupier (as *lessee/tenant/chargee) of the land described in the
Schedule
Schedule below;
hereby apply to share that private right of way created for the benefit of
Lot…………….... which *abuts on/is in the proximity of my land.
Dated on ………………………….....
..............................................................
Signature (or other form of execution)
by or on behalf of applicant 540
National Land Code 831
Provisions of the
National Land Code
Modification
First Schedule – Form 28b In its application to the Federal Territory of Labuan, at the end of the Form, delete the words “/Land
Administrator”.
First Schedule – Form 28c In its application to the Federal Territory of Labuan, under the heading of “SCHEDULE”, substitute for the word “Mukim” the word “District”.
Laws of Malaysia 832
Act 828
Schedule
Mukim ..................................................*Lot/L.O. No. ...…….................................
Description and No. of Title........................... Area................................................
*Delete as appropriate
National Land Code
Form 29a
[Section 400]
NOTICE TO ATTEND SURVEY
To .................................................................................................................
of .............................................................................................................................
*proprietor of/occupier of/applicant for—
*person interested in/employed on or in connection with—
the following land:
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
(Here insert a description sufficient to identify the land)
Take notice that, in exercise of the powers conferred by section 400 of the
National Land Code, I hereby require you to attend before me at the following place:
.................................................................................................................................
on ……..………. at …….... h .............. m for the purpose of—
*(a) pointing out the boundaries of the land;
*(b) rendering aid in emplacing or repairing boundary marks;
*(c) affording assistance or information for the purpose of such survey.
Dated on ………………………….....
..............................................
Survey Officer
District………………………………
*Delete as appropriate 541
National Land Code 833
National Land Code
Form 29b
[Section 400]
SUMMONS TO GIVE INFORMATION OR
PRODUCE DOCUMENTS
To .................................................................................................................
of .............................................................................................................................
Whereas I have reason to believe that you—
*(a) can give information respecting the boundaries of the following land:
*(b) have *in your custody/under your control document/s relating to the boundaries of the following land:
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
(Here insert a description sufficient to identify the land)
Take notice that, in exercise of the powers conferred by section 400 of the
National Land Code, I hereby require you to attend before me at the following place:
……………………………………………………………………………………...
on …..……………..…….…. at …….... h .............. m for the purpose of *giving such information/producing such document/s.
Dated on ………………………….....
...................................................
Survey Officer
District……………………………
*Delete as appropriate 542
Laws of Malaysia 834
Act 828
National Land Code
Form 29c
[Section 401]
NOTICE TO CLEAR LINES FOR SURVEY
To .................................................................................................................
of .............................................................................................................................
*proprietor of/occupier of/applicant for the following land:
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
(Here insert a description sufficient to identify the land)
Take notice that, in exercise of the powers conferred by section 401 of the
National Land Code, I hereby require you within ……..……….. days of the date of service of this notice to do the following work:
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
(Here specify the lines to be cleared or cut)
*as pointed out to you on the land.
Failing completion of this work within the time specified, I shall myself cause the work to be carried out.
And take notice further that the costs of carrying out the work will be recoverable from you as a debt due to the State.
Dated on ………………………….....
...................................................
Survey Officer
District…………………………
*Delete as appropriate 543
National Land Code 835
Provisions of the
National Land Code
Modification
Laws of Malaysia 836
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 29d
In its application to the Federal Territory of Labuan, delete the word “Mukim”.
National Land Code
National Land Code 837
National Land Code
Form 29d
[Section 398a]
NOTICE TO PRODUCE SURVEY DOCUMENTS
To ……………………………….………………………………………...…….
of ……………………………………………………………………………...……...
Whereas it is necessary for me to inspect the following documents relating to the survey of land Lot No. ……………………....Mukim ……………………………
District of …………………………… State of ……………………….:
(a)
survey plan/s;
(b)
field book/s;
(c)
calculation sheet/s;
(d)
other survey data
……………………………
……………………………
……………………………
And whereas I have reason to believe that the said document/s is/are in your possession or control—
Now, in exercise of the powers conferred by section 398a of the National
Land Code, I hereby require you, within a period of ………………........……
from the date of service of this notice, to produce the said document/s for inspection.
And take notice that if, without reasonable excuse, you fail to produce such document/s within the time specified, you will be guilty of an offence against subsection 424(2) of the National Land Code.
Dated on ………………………….....
……………………………………….
Director of Survey and Mapping
State ………………………………
544
Laws of Malaysia 838
Act 828
National Land Code
Form 30a
[Paragraph 415(1)(a)]
APPLICATION FOR REGISTRATION OF A STATUTORY VESTING OF
A REGISTERED INTEREST IN LAND
Whereas ……………………………………………………………………………...
(Here insert name of proprietor/holder)
of …………………………………………………………………………….. is the
*proprietor/holder of the registered interest in land described in the Schedule below—
And whereas by virtue of section…………………………………………..…….…of
………………………………………………………………………………………..
(Here insert appropriate law)
the said registered interest in land described in the Schedule below was vested in me—
Now, therefore, I,………………………………………………………………….
(Here insert name of applicant)
of …………………………………………………………………………………
hereby apply for the said registered interest in the land to be registered in my name pursuant to the above-mentioned statutory vesting in me.
*2. I annex hereto the issue document of title in respect of the land wherein the above-mentioned registered interest is vested in me.
*3. The issue document of title in respect of the said land is held by
………………...……………………………………………………………………
(Here insert name)
of ……………………………………………………………………………………..
by reason of his being………………………………………………………………...
(Here insert whether the issue document of title is held as proprietor/chargee/lienholder/trustee/holder of power of attorney or any other circumstance)
…………………………………………………………………………………... and he has failed to deliver it to me although required by me in writing to do so.
Copies of the correspondence in relation to such request are annexed hereto.
545
National Land Code 839
Provisions of the
National Land Code
Modification
First Schedule – Form 30a
In its application to the Federal Territory of Labuan, in the “SCHEDULE OF REGISTERED INTEREST
IN LAND”, in column (1), substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 840
Act 828
*4. I have made enquiries from the proprietor of the land described in the
Schedule
Schedule below and have been informed that the whereabouts of the issue document of title are not known, and I have been unable to locate the same.
Dated on ………………………….....
…………………………………….
Signature of (or other form of execution by) *applicant/person lawfully authorized to act on behalf of applicant
Note: Where the signature or other form of execution is of a person lawfully authorized to act on behalf of the applicant, the nature of his authority and how it is derived should be stated below the signature.
Schedule
Where the address of the person claiming under this statutory vesting is outside the Federation, an address within the Federation for the service of notices is to be added in this space.
……………………………………………………………………………………
………………………………………………………………………………….......
Schedule
Schedule of Registered Interest in Land
*Town/
Village/
Mukim
*Lot/Parcel/
Description and No. of
Title
Description of registrable interest
*Proprietor or co-proprietor (if co-proprietor state the undivided share)
*Lessee or sublessee (state registered number of lease/sublease)
*Chargee
(state registered number of charge)
(1)
(2)
(3)
(4)
(5)
(6)
For Official Use Only
I am *satisfied/not satisfied that a statutory vesting of the registered interest in the land in respect of which this application is made has been effected in favour of the applicant—
*(a) and direct that a registration of the said registered interest in the name of the applicant be made;
546
National Land Code 841
*(b) for the following reasons…………………………………………………...
……………………………………………………………………………
.…...………………………………………………………………………
and, accordingly, the application is rejected.
Registrar
*Delete as appropriate
National Land Code
Form 30b
[Paragraph 415(1)(b)]
APPLICATION FOR REGISTRATION OF A
STATUTORY VESTING OF A REGISTRABLE
INTEREST IN LAND
Whereas …………………………………………………………………...…………
(Here insert name of holder of registrable interest)
of ……………………………………………………………………………………..
is the holder of the registrable interest in land described in the Schedule below by reason of …………………………………………………………………………...
..............................................................................................................................
..............................................................................................................................
...............................................................................................................................
(Here state the circumstances in which the registrable interest is held)
And whereas the holder of the registrable interest in land has *presented/not yet presented an instrument for the registration of the said registrable interest in land in his name—
And whereas by virtue of section……………………………………………………..
of ……………………………………………………………………………………..
(Here insert appropriate law)
the said registrable interest in land described in the Schedule below was vested in me:
Now, therefore, I, …………………………………………………………………….
(Here insert name of applicant)
of ……………………………………………………………………………………
hereby apply for the said registrable interest in land to be registered in my name pursuant to the above-mentioned statutory vesting in me.
547
Laws of Malaysia 842
Act 828
*2. I annex hereto—
(a)
the …………………………………………………………………………..
………………………………………………………………………………
(Here describe the relevant document)
whereby the registrable interest was created in favour of the holder thereof;
(b)
the instrument for registration of the registrable interest which was executed *by/in favour of the holder;
(c)
the issue document of title in respect of the land in which the said registrable interest was created in favour of the holder; and
(d)
the following document/s relevant to the registration of the registrable interest:
………………………………………………………………………………
………………………………………………………………………………
*3. The issue document of title in respect of the said land is held by ….......…
…………………………………………………………………………………..............
(Here insert name)
of ……………………………………………………………..by reason of his being
………………………………………………………………………………………..
(Here state whether the issue document of title is held as proprietor/chargee/ lienholder/
trustee/holder of power of attorney or any other circumstance)
and he has failed to deliver it to me although required by me in writing to do so. Copies of the correspondence in relation to such request are annexed hereto.
*4. I have made enquiries from the proprietor of the land described in the
Schedule
Schedule below and have been informed that the whereabouts of the issue document of title are not known, and I have been unable to locate the same.
*5. Having made all enquiries that are necessary and relevant in relation to the vesting of the said registrable interest in land in me, I hereby declare that all the conditions for the said registrable interest in the land to be vested in me have been fulfilled and the statutory vesting of the same in me is capable of being registered in my name.
Dated on ………………………….....
……….………………………………
Signature of (or other form of execution by) *applicant/person lawfully authorized to act on behalf of applicant
Note: Where the signature or other form of execution is of a person lawfully authorized to act on behalf of the applicant, the nature of his authority and how it is derived should be stated below the signature.
548
National Land Code 843
Provisions of the
National Land Code
Modification
Laws of Malaysia 844
Act 828
Provisions of the
National Land Code
Modification
First Schedule – Form 30b In its application to the Federal Territory of Labuan, in the “SCHEDULE OF REGISTERED INTEREST
IN LAND”, in column (1), substitute for the words
“Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 845
Schedule
Where the address of the person claiming under this statutory vesting is outside the Federation, an address within the Federation for the service of notices is to be added in this space.
……………………………………………………………………………………..
…………..……………………………………………………………………...…..
Schedule
Schedule of Registered Interest in Land
*Town/
Village/
Mukim
*Lot/Parcel/
Description and No. of
Title
Description of registrable interest
*Proprietor or co-proprietor (if co-proprietor state the undivided share)
*Lessee or sublessee
(state registered number of lease/sublease)
*Chargee
(state registered number of charge)
(1)
(2)
(3)
(4)
(5)
(6)
For Official Use Only
I am *satisfied/not satisfied that a statutory vesting of the registered interest in the land in respect of which this application is made has been effected in favour of the applicant—
*(a) and direct that a registration of the said registered interest in the name of the applicant be made;
549
Laws of Malaysia 846
Act 828
*(b) for the following reasons ..…………………………….…………………...
…………………………………………………………......……………
………...…………………………………………………………...……
and, accordingly, the application is rejected.
Registrar
*Delete as appropriate
National Land Code
Form 30c
[Section 416]
APPLICATION FOR SUBSTITUTING NAME OF
TRANSFEREE FOR THAT OF TRANSFEROR IN A
DOCUMENT OF ENTITLEMENT
Whereas ……………………………………………………………………………...
(Here insert name of holder)
of ……………………………………………………………………………………..
is the holder of ……………………………………………………………………..
………………………………………………………………………………………..
(Here insert description and details of the entitlement)
And whereas by virtue of section ………………………………………………… of
……………………………………………………………………………………......
(Here insert appropriate law)
the said ……………………………………………………………………………….
…………………………………………………………………… was vested in me:
(Here insert description and details of the entitlement)
Now, therefore, I,……………………………………………………………………..
(Here insert name of applicant)
of .............................................................................................................................
hereby apply for the said…….………………………………………………………..
………………………………………………………………………………………..
(Here insert description of the document conferring the entitlement)
to be amended by substituting therein my name for the name of the above-mentioned holder thereof.
550
National Land Code 847
*2. I annex hereto the said document mentioned in the foregoing paragraph.
*3. The said document is held by…………………………………………………...
(Here insert name)
of ……………………………………………………………………………………..
by reason of his being………………………………………………………………...
……………………………………………………………….………………...…and
(Here state whether relevant document is held as holder of the entitlement or under any other circumstance)
he has failed to deliver it to me although required by me in writing to do so.
Copies of the correspondence in relation to such request are annexed hereto.
*4. I have made enquiries from the holder of the said document and have been informed that the whereabouts of the said document are not known, and
I have been unable to locate the same.
Dated on ………………………….....
……….………………………………
Signature of (or other form of execution by) *applicant/person lawfully authorized to act on behalf of applicant
Note: Where the signature or other form of execution is of a person lawfully authorized to act on behalf of the applicant, the nature of his authority and how it is derived should be stated below the signature.
For Official Use Only
I am *satisfied/not satisfied that a statutory vesting of………………………..……..
(Here insert description of the entitlement)
in respect of which this application is made has been effected in favour of the applicant—
*(a) and direct that the name of the applicant be substituted in the
..………………..…………………….....……………………………...…
…………………………………….....….. for the name of the present holder;
551
Laws of Malaysia 848
Act 828
*(b) for the following reasons ….……………………………………………...
……………………………………………………………………………
……………………………………………………………………………
and, accordingly, the application is rejected.
Registrar
*Delete as appropriate
National Land Code
Form 30d
[Subsections 416a(1) and (4)]
APPLICATION FOR RESERVATION OF STATE
LAND TO BE RECORDED IN FAVOUR OF
APPLICANT
Whereas ………………………………………………………………………….......
(Here insert name of person in whose favour the reservation stands)
of …………………………………………………………………………………….. is the person in whose favour the reservation of the land .…………………………….
………………………………………………………………………………………..
(Here insert identification of the land)
*was made under……………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
(Here insert the Gazette Notification under which the reservation was made)
/stands by virtue of the repealed Clause (4) of Article 166 of the Federal
Constitution:
And whereas by virtue of section ……………………………………………......... of
………………………………………………………………………….……….........
(Here insert appropriate law)
the rights in respect of such reservation of the said land were vested in me:
Now, therefore, I, ……………………………………………………………….… of
………………………………………………………………………………………..
(Here insert name of applicant)
hereby apply that the said reservation of the said land be recorded as a reservation in my favour.
552
National Land Code 849
**2. The said reservation of land being one to which Article 85 of the
Federal Constitution applies, the said reservation is capable of being recorded in my favour by virtue of subsection 416a(4) of the National Land Code upon the existing reservation of the land ceasing under Clause (3) of the said Article 85.
Dated on ………………………….....
……….………………………………
Signature of (or other form of execution by) *applicant/person lawfully authorized to act on behalf of applicant
Note: Where the signature or other form of execution is of a person lawfully authorized to act on behalf of the applicant, the nature of his authority and how it is derived should be stated below the signature.
For Official Use Only
I am *satisfied/not satisfied that a statutory vesting of the reservation of land in respect of which this application is made has been effected in favour of the applicant—
*(a) and direct that a reservation of the said land be recorded in favour of the applicant and a statutory notification of such recording be published in the Gazette under subsection 416a(2) in Form 30e;
*(b) for the following reasons………………………………………………...
……………………………………………………………………………
and, accordingly, the application is rejected.
Land Administrator
District ……………………......
*Delete as appropriate
**Delete if not applicable 553
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Act 828
National Land Code
Form 30e
[Subsection 416a(2)]
NOTIFICATION OF A RECORDING OF A STATUTORY
VESTING OF A RESERVATION OF LAND
It is hereby notified that the land ……………………………………………………...
………………………………………………………………………………………..
(Here insert identification of the land)
which was reserved in favour of……………………………………………………...
………………………………………………………………………..………*under
(Here insert name)
Gazette Notification …………………………………………………/by virtue of the repealed Clause (4) of Article 166 of the Federal Constitution has by virtue of a statutory vesting under section ……………….. of ………………………...………..
(Here insert appropriate law)
been recorded in favour of ………………………………………………………..….
(Here insert name)
under section 416a of the National Land Code for the purpose of ……………………
...……………………………………………………………………………………...
(Here insert the purpose for which the reservation under the statutory vesting is made)
which is deemed to be a public purpose under subsection 416a(2).
2. The person who shall have control of the said reserved land shall be
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
(Here insert office of officer, employee, or agent of the person in whose favour the statutory vesting has been effected)
3. This notification shall, by virtue of subsection 416a(2), be deemed to have come into force with effect from the date the Federal Government releases the land to the
State i.e. ………………………………………………………………………………
………………………………………………………………………………………..
………………………………………………………………………………………..
(Here insert effective date of the release)
….……………………..
Land Administrator
District ……………………......
*Delete as appropriate 554
National Land Code 851
National Land Code
Form 30f
[Subsection 416e(4)]
NOTIFICATION OF THE PREPARATION AND
ISSUE OF A FRESH *ISSUE DOCUMENT OF
TITLE/DOCUMENT OF ENTITLEMENT
*A
It is hereby notified that the land ……………………………………………………...
……………………………………………………………………………………......
(Here insert identification of the land)
has been registered in the name of…………………………………………….………
………………………………………………………………………………………..
(Here insert name)
of ……………………………………………………………………………………..
by virtue of a statutory vesting effected in his favour under section …………….….of
………………………………………………………………………………………..
(Here insert appropriate law)
and that a fresh issue document of title has been issued to him upon the
Registrar being satisfied that there are good and sufficient reasons for his inability to produce the issue document of title.
It is further notified that with effect from……………………………………………..
………………………………………………………………………………………..
(Here insert date when a fresh issue document of title was issued as aforementioned)
every previous issue document of title in respect of the said land stands cancelled and is rendered null and void.
*B
It is hereby notified that the …………………………………………………………..
…………………………………………………………………………….……. held
(Here insert description of document of entitlement)
by …………………………………………………………………………………….
(Here insert name)
of ……………………………………………………………………………………..
has been amended under section 416 of the National Land Code by the name of the aforesaid holder being substituted by the name of ……………………………………
………………………………………………………………………………………..
(Here insert name)
of ……..……………………………………………………………………………… in whose favour a statutory vesting of the entitlement held under the said document of entitlement has been effected under section…………………………………..… of
…...…..……………………………………………………………….……….. and a
(Here insert appropriate law)
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Act 828
fresh document of entitlement bearing such amendment has been issued to the said
………………………………………………………………………………………
(Here insert name)
of ……………………………………………………………………………………..
upon the Registrar being satisfied that there are good and sufficient reasons for his inability to produce the said document of entitlement.
It is further notified that with effect from…………….…...…………………………..
………………………………………………...…… when the statutory vesting took
(Here insert date)
effect, every previous document of entitlement in respect of the aforesaid entitlement stands cancelled and is rendered null and void.
….……………………..
Registrar
*Delete as appropriate
National Land Code
Form 30g
[Subsection 416e(6)]
NOTIFICATION OF MEMORIAL ON REGISTER
DOCUMENT OF TITLE OF A STATUTORY VESTING OF A
*REGISTERED/REGISTRABLE INTEREST IN LAND
It is hereby notified that a statutory vesting in favour of………………………..…......
………………………………………………………………………………………..
(Here insert name)
of ……………………………………………………………………………………..
of the *registered/registrable interest in the land…………………………...………....
………………………………………………………………………………………..
(Here insert identification of the land)
consisting of………………………………………………………………………….
……………………........................………………………………………………
…………………..…………………………………………………………………
(Here insert description of *registered/registrable interest other than proprietorship of the whole of the land)
556
National Land Code 853
has been registered on the register document of title in respect of the said land by a memorial made upon the said register document of title under subsection 416e(5) of the National Land Code without a memorial thereof having been made on the issue document of title because the Registrar is satisfied that there are good and sufficient reasons for his inability to produce the issue document of title.
2. The memorial made on the register document of title as aforesaid shall be valid in all respects and for all purposes notwithstanding that such memorial has not been made on the issue document of title.
….……………………..
Registrar
*Delete as appropriate 557
Laws of Malaysia 854
Act 828
National Land Code
Form 34a
[Section 437]
PRESENTATION BOOK
Presentation
Time of
Presentation
(Hour and
Min.)
Description of
Instrument
Instrument
File No.
(Vol.
Folio)
Presented by
Land affected
(Description and No. of
Title)
Registered,
Rejected or
Withdrawn
Remarks
Form 1
(Deleted by Act A752)
Form 2
(Deleted by Act A752)
558
National Land Code 855
Provisions of the
National Land Code
Modification
Laws of Malaysia 856
Act 828
Provisions of the
National Land Code
Modification
Second Schedule
In its application to the Federal Territory of Labuan, this Schedule is deleted.
Third Schedule
In its application to the Federal Territory of Labuan, this Schedule is deleted.
National Land Code
National Land Code 857
Second Schedule
[Sections 110, 112]
ADDITIONAL IMPLIED CONDITION APPLICABLE
TO COUNTRY LAND ALIENATED OR APPROVED
FOR ALIENATION BEFORE THE COMMENCEMENT
OF THIS ACT
1. Every piece of alienated country land in the State of Johore which does not exceed forty hectares in area shall be continuously occupied.
2. There shall be deemed to be a breach of the condition contained in paragraph 1 if, but only if, for a period of three consecutive years—
(a)
the land is totally abandoned; or
(b)
the land is not kept under cultivation to the extent of one-fourth of its area.
Third Schedule
[Sections 110, 112]
ADDITIONAL IMPLIED CONDITIONS APPLICABLE TO TOWN
OR VILLAGE LAND ALIENATED OR APPROVED FOR
ALIENATION BEFORE THE COMMENCEMENT OF THIS ACT
Interpretation
1. In this Schedule “shophouse” means a detached, semi-detached or terrace house used or intended to be used wholly or in part for any commercial or industrial purpose.
2. In the interpretation of this Schedule a building shall be deemed to have been erected for any purpose for which it is subsequently used.
Conditions applicable in Negeri Sembilan, Pahang,
Perak and Selangor
3. Paragraphs 4 and 5 apply in the States of Negeri Sembilan, Pahang, Perak and Selangor.
559
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Act 828
4. No town or village land held under Land Office title shall be used for the erection of any building other than a building which (together with its outbuildings and appurtenances) is used solely as a dwelling house or solely for agricultural purposes.
5. No land subject to the payment of rent at the rates prescribed for town or village land and not at the rates prescribed for building lots shall be used for the erection of shophouses unless—
(a)
the land (or the portion of it intended to be so used) is divided by survey into building lots; and
(b)
the land is subdivided in accordance with Chapter 1 of Part Nine into portions corresponding to the building lots and the remaining land, if any.
Conditions applicable in Johore
6. Paragraphs 7 and 8 apply in the State of Johore.
7. No town or village land held under Land Office title shall be used for the erection of any building within a distance of fifteen metres from a public road or street.
8. (1) Town or village land which is held by virtue of an entry in the Mukim
Register made before the date on which the town or village was declared or otherwise came into existence shall be continuously occupied.
(2)
There shall be deemed to be a breach of the condition contained in subparagraph (1) if, but only if, the land is totally abandoned for three consecutive years.
Condition applicable in Kedah
9. Paragraph 10 applies in the State of Kedah.
10. No town land subject to the payment of rent at the rates prescribed for town land and not at the rates prescribed for shop lots shall be used for the erection of shophouses unless—
(a)
the land (or the portion of it intended to be so used) is divided by survey into shop lots; and
(b)
the land is subdivided in accordance with Chapter 1 of Part Nine into portions corresponding to the shop lots and the remaining land, if any.
560
National Land Code 859
Conditions applicable in Kelantan 11.
Paragraphs 12, 13 and 14 apply in the State of Kelantan.
12.
No town or village land held under Land Office title shall be used for the erection of any building other than a single house which (together with its outbuildings and appurtenances) is used solely as a dwelling house or solely for agricultural purposes.
13.
No town or village land held under Land Office title shall be used for the erection of shophouses.
14.
No town or village land held under Registry title shall be used for the erection of shophouses unless—
(a)
the land (or the portion of it intended to be so used) is divided by survey into shop lots; and
(b)
the land is subdivided in accordance with Chapter 1 of Part Nine into portions corresponding to the shop lots and the remaining land, if any.
Condition applicable in Perlis 15.
Paragraph 16 applies in the State of Perlis.
16.
No town land subject to payment of rent at rates other than those prescribed for shop lots shall be used for the erection of shophouses unless—
(a)
the land (or the portion of it intended to be so used) is divided by survey into shop lots; and
(b)
the land is subdivided in accordance with Chapter 1 of Part Nine into portions corresponding to the shop lots and the remaining land, if any.
Conditions applicable in Terengganu 17.
Paragraphs 18 and 19 apply in the State of Terengganu.
18.
No town or village land held under Land Office title shall be used for the erection of any building other than a single building which (together with its outbuildings and appurtenances) is used solely as a dwelling house or solely for agricultural purposes.
561
Laws of Malaysia 860
Act 828 19.
No town or village land shall be used for the erection of shophouses unless—
(a)
the land (or the portion of it intended to be so used) is divided by survey into building plots; and
(b)
the land is subdivided in accordance with Chapter 1 of Part Nine into portions corresponding to the shop lots and the remaining land, if any.
Fourth Schedule
[Section 119]
EQUIVALENT OR VARIANT EXPRESSIONS RELATING TO
PADI OR BENDANG
Padi
Bendang
Padi field
Low land
Padi (paya)
Rice field
Padi sawah
Sawah
Swamp padi
Tanah Pamah
Wet padi
Tenggala
Paya
Padi (tenggala)
Paya (kubang)
Padi (ploughed)
Rice
Padi (padang)
Fifth Schedule
[Section 211]
OFFICERS OR OTHER PERSONS TO ATTEST EXECUTIONS OF
INSTRUMENTS EFFECTING DEALINGS UNDER THIS ACT
1. Every execution by a natural person of any instrument effecting any dealing under this Act, other than an instrument in respect of any land referred to in paragraph 3, shall be attested by any of the following officers or other persons:
(1)
In any State to which this Act applies—
(a)
a Magistrate;
(b)
the State Director;
(c)
the Registrar;
(d)
a Land Administrator;
(e)
an advocate and solicitor;
(f)
a notary public.
562
National Land Code 861
Provisions of the
National Land Code
Modification
Fifth Schedule
In its application to the Federal Territory of
Putrajaya, delete subsubparagraph 1(1)(b).
In its application to the Federal Territory of Labuan, in paragraph (1)—
(a)
substitute for a full stop at the end of subsubparagraph (f) a semicolon; and
(b)
insert after subsubparagraph (f) the following subsubparagraph:
“(g) Commissioner for Oath.”.
Laws of Malaysia 862
Act 828
(2)
In the State of Sabah—
(a)
a Magistrate;
(b)
a Collector of Land Revenue;
(c)
an advocate.
(3)
In the State of Sarawak—
(a)
a Magistrate;
(b)
the Director of Lands and Surveys;
(c)
a Superintendent of Lands and Surveys;
(d)
an advocate.
(4)
In the Republic of India—
(a)
a Registrar of a High Court;
(b)
a District Magistrate, a Presidency Magistrate, or a Magistrate of the
First or Second Class;
(c)
a notary public having an official seal;
(d)
a diplomatic officer of Malaysia;
(e)
a consular officer of Malaysia.
(5)
In the Islamic Republic of Pakistan—
(a)
a Registrar of a High Court;
(b)
a District Judge;
(c)
a Magistrate of the First Class;
(d)
a notary public having an official seal;
(e)
a diplomatic officer of Malaysia;
(f)
a consular officer of Malaysia.
(6)
In the Republic of Singapore—
(a)
a Registrar of the High Court;
563
National Land Code 863
(b)
a District Judge;
(c)
a Magistrate;
(d)
a notary public having an official seal;
(e)
a diplomatic officer of Malaysia;
(f)
a consular officer of Malaysia.
(7)
In the Republic of Sri Lanka—
(a)
a Registrar of the High Court;
(b)
a Magistrate;
(c)
a notary public having an official seal;
(d)
a diplomatic officer of Malaysia;
(e)
a consular officer of Malaysia.
(8)
In Brunei Darussalam—
(a)
a Registrar of the High Court;
(b)
a Magistrate;
(c)
a notary public having an official seal;
(d)
a diplomatic officer of Malaysia;
(e)
a consular officer of Malaysia.
(8a)
(Deleted by P.U. (A) 247/2017).
(9)
In any Commonwealth country other than those referred to in the preceding subparagraphs—
(a)
a diplomatic officer of Malaysia;
(aa)
a consular officer of Malaysia;
(b)
a notary public having an official seal;
(c)
any person or class or description of persons approved in that behalf by the Minister on the recommendation of the National Land
Council.
564
Laws of Malaysia 864
Act 828
(9a)
In Taiwan—
The following officials of the Malaysian Friendship and Trade Centre:
(a)
the President;
(b)
the Deputy President;
(c)
the Economic Director.
(10)
In any place other than those referred to in the preceding subparagraphs—
(a)
a diplomatic officer of Malaysia;
(aa)
a consular officer of Malaysia;
(b)
any person or class or description of persons approved in that behalf by the Minister on the recommendation of the National
Land Council.
2. References in subparagraphs 1(2) to (10) to the officers or persons specified therein are references to such officers or persons as so defined in the appropriate law of, or otherwise referred to as such in, that State, country or place, as the case may be, and diplomatic officer and consular officer has the meaning assigned to them in the Diplomatic and Consular Officers (Oaths and Fees) Act 1959 [Act 348].
2a. An advocate and solicitor, or an advocate, as the case may be, in attesting any execution, shall indicate that he holds a practising certificate which is in force at the date of the attestation and shall also indicate the reference number to which it relates.
3. Subject to paragraph 4, every execution by a natural person of any instrument effecting any dealing under this Act in respect of any of the following lands shall be attested by a Land Administrator:
(1)
a Malay holding under the Malay Reservations Enactment of the Federated
Malay States [F.M.S. Cap. 142], the Malay Reservations Enactment of
Johore [Johore En. No. 1 of 1936], or the Malay Reservations Enactment of Terengganu [Terengganu En. No. 17 of 1360 A.H];
(2)
reservation land held by a Malay under Enactment No. 63 (Malay
Reservations) of Kedah [Kedah En. No. 63], the Malay Reservations
Enactment of Kelantan [Kelantan En. No. 18 of 1930], or the Malay
Reservations Enactment of Perlis [Perlis En. No. 7 of 1353 A.H.];
(3)
reservation land held by a Siamese under Enactment No. 63 (Malay
Reservations) of Kedah, or the Malay Reservations Enactment of Perlis;
(4)
Land that is subject to Part VIII of the National Land Code (Penang and Malacca Titles) Act 1963 [Act 2 of 1963].
565
National Land Code 865
4. The requirement for attestation by a Land Administrator under paragraph 3 shall not be applicable to—
(1)
any instrument of charge in respect of any land referred to in that paragraph executed by a person under a power of attorney on behalf of a body corporate or a company, provided that such body corporate or company is allowed to be a chargee under the appropriate Malay
Reservations Enactment;
(2)
any instrument of discharge of charge.
Sixth Schedule
[Section 229]
AGREEMENTS WHICH MAY BE INCORPORATED IN LEASES
Cultivation
1. The lessee will at all times during the term of the lease cultivate, use and manage in a proper and husbandlike manner all such parts of the demised property as are at the commencement of the lease broken up or converted into tillage and all such parts thereof as may hereafter be so broken up or converted with the consent of the lessor in writing, and will not impoverish or waste the same.
Cutting of timber
2. The lessee will not cut down, fell, injure or destroy any growing or living timber or timber-like trees standing and being upon the demised property without the consent of the lessor in writing.
Outside painting
3. The lessee will in every seventh year during the continuance of the lease paint the outside woodwork and ironwork belonging to the demised premises now or usually painted with two coats of proper oil colours in a workmanlike manner and also whiten or colour such parts of the said premises as are now whitened or coloured respectively.
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Laws of Malaysia 866
Act 828
Inside painting
4. The lessee will in every third year during the continuance of the lease paint the inside wood, iron and other work belonging to the demised premises now or usually painted with two coats of proper oil colours in a workmanlike manner and also whiten or colour such inside parts of the said premises as are now whitened or coloured respectively.
Use for trade purposes
5. The lessee will not during the continuance of the lease (except with the consent of the lessor in writing) convert, use or occupy the demised premises or any part thereof into or as a shop, warehouse or other place for carrying on any trade, business, occupation or calling, or permit or suffer the said premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling house.
Offensive trades
6. The lessee will not at any time during the continuance of the lease use, exercise or carry on or permit or suffer to be used, exercised or carried on in or upon the demised premises or any part thereof any noxious, noisome or offensive act, trade, business, occupation or calling, and no act, matter or thing shall at any time during the continuance of the lease be done in or upon the said premises or any part thereof which is or may be to the annoyance, nuisance, grievance, damage or disturbance of the occupiers or owners of the adjoining lands and properties.
Fencing
7. The lessee will during the continuance of the lease erect and put up a good and substantial fence on those boundaries of the demised property upon which no substantial fence exists at the commencement of the lease.
Fire insurance
8. (1) The lessee will insure in the name of the lessor (and will keep so insured during the continuance of the lease) against loss or damage by fire in some public insurance office approved by the lessor to the amount of their full value all buildings for the time being on the demised property which are of a nature or kind capable of being insured against such loss or damage.
567
National Land Code 867
(2)
The lessee will deposit with the lessor when required to do so any policy of insurance effected under subparagraph (1) and, within seven days after any premium on the policy becomes payable, will deposit with the lessor the receipt for the premium.
(3)
On any breach or non-observance of the agreement contained in this paragraph the lessor may, without prejudice to any other rights he may have under the lease of the demised property, insure the buildings mentioned in subparagraph (1) against loss or damage by fire.
(4)
The cost of effecting an insurance under subparagraph (3) shall during the continuance of the lease be a charge upon the demised property.
(5)
All moneys received by virtue of an insurance policy effected under this paragraph in respect of the loss of or damage to buildings insured by the policy shall be laid out and expended in making good the loss or damage.
Seventh Schedule
(Repealed by Act 318)
Seventh Schedule—A
(Repealed by Act 318)
Seventh Schedule—B
(Repealed by Act 318)
Eight Schedule
(Repealed by Act 318)
568
Laws of Malaysia 868
Act 828
Ninth Schedule
(Repealed by Act 318)
Tenth Schedule
[Section 436]
SUPPLEMENTARY PROVISION AS TO FORMS
AND PROCEDURE
Forms
1. In paragraphs 2 to 11a “form” means a form specified in the First Schedule in relation to any matter under this Act.
2. When a form printed under section 376 is used, alternatives not appropriate to the case shall be struck out.
3. A person intending to use a form may, instead of using a form printed under section 376, use a form which he himself has caused to be reproduced in print or typescript and, where he does so, he may cause alternatives which are not appropriate to the case to be omitted in the reproduction.
4. The blank spaces in a form may be filled up either in typescript or in manuscript.
5. A signature on a form shall be in manuscript, but a typescript copy may be added below the signature.
6. Forms shall be printed or typed on plain white paper which is strong and durable and sufficiently glazed to prevent the blurring of ink, and which in the case of dealings, shall be of a width of four hundred and twenty millimetres and a length of two hundred and ninety-seven millimetres.
7. A form may be printed or typed on more than one sheet of paper if its length so requires.
8. In the case of dealings, all writing on a form shall be at right angles to the form’s long axis.
8a. All entries in the Schedule to a form shall be completed by a horizontal line drawn immediately after the last line of such entries; and the rectangle so formed, being the rectangle enclosing the remaining space in the Schedule shall be transversed by a diagonal line joining the two opposite angles of the rectangle; and the words denoting the number of title or titles affected by the dealing shall be written above the said diagonal line. In the case of execution by a natural person, the said horizontal line, the said diagonal line and the said words shall be duly initialled by the person attesting the instrument.
569
National Land Code 869
Provisions of the
National Land Code
Modification
Laws of Malaysia 870
Act 828
Provisions of the
National Land Code
Modification
Tenth Schedule
In its application to the Federal Territory of Labuan, under the subheading of “Procedure”—
(a)
substitute for the words “Land Administrator”
the word “Registrar” wherever they appear;
(b)
delete paragraph 15;
(c)
in subparagraph 16(b), delete the words
“transmitted under paragraph 15”; and
(d)
in paragraph 17, substitute for the word
“transmit” the word “retain” and delete the words “to the Land Administrator, who shall retain it”.
National Land Code
National Land Code 871
9. Where a form is reproduced in typescript, carbon copies may be used for any purpose for which a copy of the form is required, but only if the type is legible and not blurred.
10.
Print or typescript on a form (including typescript in a carbon copy)
shall be black.
11.
Manuscript writing on a form (including a signature) shall be in permanent black or blue-black ink.
11a. Erroneous entries are to be neatly cancelled so as not to be rendered illegible and are to be duly initialled by the attesting officer. No correction, deletion or cancellation of any entry in the Form shall be made by erasing any words or figures or otherwise rendering them illegible.
Procedure 12.
The procedure set out in the succeeding paragraphs shall be followed in order to facilitate the preparation, registration and issue by the Registrar under section 178 of documents of qualified title corresponding to Registry title.
13.
Before the registration of any document of qualified title under Chapter 2 of
Part Eleven, or on receiving under Chapter 3 of Part Eleven an application relating to qualified title corresponding to Registry title, the Land Administrator shall prepare a single loose document in Form 11a (referred to in the succeeding paragraphs as the draft document) which he shall complete as far as possible.
14.
The plan prepared by the Land Administrator under paragraph 181(1)(b)
or 183(4)(c) (referred to in the succeeding paragraphs as the plan) shall be drawn either on the draft document under the heading “Sketch Plan” or on a separate sheet of paper which shall be attached to the draft document.
15.
The draft document and the plan, together with a copy of the plan on a separate sheet of paper, shall be transmitted by the Land Administrator to the Registrar.
16.
The Registrar shall—
(a)
make use of the information contained in the draft document in preparing the register document of title;
(b)
affix to the register document of title the copy of the plan transmitted under paragraph 15; and
(c)
retain the draft document and the plan for record purposes.
17.
When registration is complete, the Registrar shall transmit a copy of the register document of title to the Land Administrator, who shall retain it for record purposes.
570
Laws of Malaysia 872
Act 828
Eleventh Schedule
[Section 438]
REPEALS
Federated Malay States
Cap. 138
…
Land Code
Cap. 141
…
Country Lands (Cultivation) Suspension of Operation
Enactment
Cap. 217
…
Agreements for Leases (Temporary Provisions)
Enactment
Cap. 218
…
Syed Hassan’s Concession Resumption Enactment
Malayan Union 18 of 1946
…
Leases and Tenancies (War Absentees) Adjustment
Ordinance 1946 22 of 1946
…
Leases and Tenancies (Dispossessed Persons)
Ordinance 1946 36 of 1946
…
Pahang Registers of Title Replacement
Ordinance 1946 3 of 1947
…
Mukim Registers Replacement Ordinance 1947 16 of 1947
…
Land Revenue (Payment by Instalments)
Ordinance 1947
Federation of Malaya 39 of 1949
…
Titles to Land (Occupation Period) Ordinance 1949 40 of 1949
…
Dealings in Land (Occupation Period)
Ordinance 1949 41 of 1949
…
Dealings in Land (Malacca Customary Lands)
(Occupation Period) Ordinance 1949 571
National Land Code 873 10 of 1952
…
Customary Tenure of Land (Settlement of Malacca)
Ordinance 1952 33 of 1952
…
Customary Tenure (State of Negeri Sembilan)
Ordinance 1952 52 of 1952
…
Land Office Procedure (Lost or Destroyed Instruments)
Ordinance 1952 78 of 1952
…
Land Laws (Enabling) Ordinance 1952
Straits Settlements
Cap. 111
…
Land Officers Powers Ordinance
Cap. 113
…
Lands Ordinance
Cap. 114
…
State Lands Encroachments Ordinance
Cap. 118
…
Conveyancing and Law of Property Ordinance
(in so far as it is not repealed by the National
Land Code (Penang and Malacca Titles) Act 1963)
Cap. 119
…
Voluntary Conveyances Ordinance
Cap. 122
…
Foreshores Ordinance
Cap. 123
…
Land Improvement Ordinance
Cap. 129
…
Aliens Property Ordinance
Cap. 131
…
Landmarks Ordinance
Cap. 168
…
The Apportionment Ordinance (in so far as it may apply to rent due to the State Authority)
47 of 1940
…
Land Revenue Collection Ordinance 1940
State of Johore
No. 1
…
Land Enactment
No. 15
…
Rectification of Boundaries Enactment
No. 52
…
Settlement Enactment 572
Laws of Malaysia 874
Act 828 18 of 1936
…
Abolition of Old Titles Enactment 1936 15 of 1938
…
Land (Temporary Provisions) Enactment 1938
State of Kedah
No. 12
…
Boundaries and Survey Maps Enactment
No. 56
…
Land Enactment
State of Kelantan 26 of 1938
…
Land Enactment 1938 (except any provision saved by the Twelfth Schedule)
11 of 1960
…
Adviser Lands and Mines (Change of Title)
Enactment 1960
State of Negeri Sembilan 5 of 1939
…
Land Registration (Government Interests)
Enactment 1939
State of Pahang 1 of 1940
…
Land Registration (Government Interests)
Enactment 1940
State of Perak 1 of 1940
…
Land Registration (Government Interests)
Enactment 1940
State of Perlis 11 of 1356
…
Land Enactment 1356
State of Selangor 5 of 1939
…
Land Registration (Government Interests)
Enactment 1939 573
National Land Code 875
Provisions of the
National Land Code
Modification
Laws of Malaysia 876
Act 828
Provisions of the
National Land Code
Modification
Eleventh Schedule
In its application to the Federal Territory of
Labuan, under the heading of “REPEALS”, after the item under the last subheading “British Military
Administration”, insert the following subheading and the particulars relating to it:
“Federal Territory of Labuan
P.U. (A) 291/1984 …
Federal Territory of Labuan
(Modification of Land
Ordinance) Order 1984.”.
Twelfth Schedule
In its application to the Federal Territory of Labuan, this Schedule is deleted.
National Land Code
National Land Code 877
State of Terengganu 3 of 1357
…
Land Enactment 1357
British Military Administration 67 of 1946
…
Agricultural Foodcrop Proclamation
Twelfth Schedule
[Section 440]
MODIFICATIONS FOR KELANTAN
1. In subsection 94(2), the word “July” shall be substituted for the word
“June”.
2. In subparagraph 136(1)(f)(i), the words “one-fifth of a hectare” shall be substituted for the words “two-fifths of a hectare” and in subsections 205(3)
and (4), the words “one-fifth of a hectare” shall be substituted for the words
“two-fifths of a hectare”.
3-5. (Deleted by Act A832).
6. The repeal of the Land Enactment 1938 [Kelantan En. No. 26 of 1938], shall not extend to the following provisions thereof:
(a)
the proviso to section 9 (except the words “Provided that”);
(b)
section 104 (except the words “Notwithstanding anything contained in section 98” in subsection (i));
(c)
sections 105, 106, 107 and 108;
(d)
Schedules 26, 26a, 27 and 28 and (in so far as it applies to those
Schedules) section 206;
(e)
section 2 (in so far as it is relevant for the interpretation of any of the provisions mentioned in the preceding subparagraphs).
574
Laws of Malaysia 878
Act 828
Thirteenth Schedule
[Section 446]
SPECIAL PROVISION FOR LAND SUBJECT TO THE
CONDITIONS IN THE SECOND AND THIRD SCHEDULES
General Provisions
1. In this Schedule “shophouse” has the same meaning as in the Third
Schedule
Schedule.
2. Where the State Authority makes any revision of rent in pursuance of this
Schedule
Schedule, the Registrar shall take whatever steps may be necessary to record the revision in the appropriate documents of title.
Provisions applicable in Negeri Sembilan, Pahang, Perak and Selangor
3. (1) This paragraph applies in the States of Negeri Sembilan, Pahang, Perak and Selangor.
(2)
Where land is divided into building lots for the erection of shophouses, the rent shall be revised by the State Authority so that—
(a)
each building lot shall be subject to rent at the rates prescribed for building lots; and
(b)
the remainder of the land, if any, shall be subject to a reduced rent calculated at the rate applicable before the division.
Provisions applicable to Johore
4. Paragraphs 5 and 6 apply in the State of Johore.
5. (1) Town or village land held under Registry title which is used for the erection of a building within a distance of fifteen metres from a public road or street shall be subject to rent at the rates prescribed for building lots unless it is held under a lease which, in recognition of the fact that the land is to be used for building, provides for special rates of premium and rent.
(2)
The State Authority shall make such revisions of rent as are necessary to give effect to subparagraph (1).
6. Land held on grant or lease which exceeds two hundred and sixty hectares in area shall not be subdivided.
575
National Land Code 879
Provisions of the
National Land Code
Modification
Thirteenth Schedule
In its application to the Federal Territory of Labuan, this Schedule is deleted.
Laws of Malaysia 880
Act 828
Provisions applicable to Kedah
7. Paragraphs 8 and 9 apply in the State of Kedah.
8. Where land is divided into shop lots for the erection of shophouses, the rent shall be revised by the State Authority so that—
(a)
each shop lot shall be subject to rent at the rate prescribed for shop lots; and
(b)
the remainder of the land, if any, shall be subject to a reduced rent calculated at the rate applicable before the division.
9. (1) All alienated land in a town or village, whatever the date of its alienation, shall be subject to rent at the rate prescribed for town land.
(2)
The State Authority shall make such revisions of rent as are necessary to give effect to subparagraph (1).
Provisions applicable to Kelantan
10. (1) This paragraph applies in the State of Kelantan.
(2)
Where land is divided into shop lots for the erection of shophouses, the rent shall be revised by the State Authority so that—
(a)
each shop lot shall be subject to rent at the rates prescribed for building lots; and
(b)
the remainder of the land, if any, shall be subject to a reduced rent calculated at the rate applicable before the division.
Provisions applicable to Perlis
11. (1) This paragraph applies in the State of Perlis.
(2)
Where land is divided into shop lots for the erection of shophouses, the rent shall be revised by the State Authority so that—
(a)
each shop lot shall be subject to rent at the rate prescribed for shop lots; and
(b)
the remainder of the land, if any, shall be subject to a reduced rent calculated at the rate applicable before the division.
576
National Land Code 881
Provisions applicable to Terengganu
12. (1) This paragraph applies in the State of Terengganu.
(2)
Where land is divided into building lots for the erection of shophouses, the rent shall be revised by the State Authority so that—
(a)
each building lot shall become subject to rent at the rate prescribed for building lots; and
(b)
the remainder of the land, if any, shall be subject to a reduced rent calculated at the rate applicable before the division.
Fourteenth Schedule
[Section 5a]
COMPUTERIZED LAND REGISTRATION SYSTEM
Interpretation
1. For the purposes of this Schedule—
“computer” means any device for storing or processing information and includes the necessary input and output and database of a computer;
“computer printed document of title” means a document of title prepared by use of a computer;
“computer printed issue document of title” means an issue document of title prepared by use of a computer;
“computer printed register document of title” means a register document of title prepared by use of a computer;
“Computerized Land Registration System” means the procedures for the registration of titles, the documents required to be prepared thereby and any entry in any document of title through the use of a computer. The system includes both manual and computerized procedures;
“entry” or “enter” in relation to any document of title, includes any endorsement, memorial, note, correction, cancellation or deletion or other entry thereon by use of a computer;
577
Laws of Malaysia 882
Act 828
“existing document of title” means a register document of title registered before the commencement of the Computerized Land Registration System and includes an issue document of title in respect thereof, if any;
“matter” means any instrument presented for registration or any order, notification, application or other document presented for entry into the register;
“verification document” means a computer printout, as in Form A showing part of the former contents and the new contents of a document of title after decision by the Registrar on any matter presented for entering into the computer printed document of title.
Mode of making an entry on a document of title under the Computerized
Land Registration System
2. For the purposes of this Act, whenever an entry is required to be made on the computer printed document of title by the Registrar under this Act, it shall be taken as a requirement that—
(a)
the Registrar makes the entry by use of a computer; and
(b)
the Registrar prepares a new computer document of title and cancels and destroys the previous version of the computer printed document of title.
Forms of documents for Registry title
3. For the purpose of section 86, in the case of land to be alienated under
Registry title—
(a)
the computer printed register document of title shall consist of a grant in Form 5bk or a State lease in Form 5ck, according as the land is to be alienated in perpetuity or for a term of years; and
(b)
the computer printed issue document of title shall be in the same form as Form 5bk or 5ck, as the case may be.
Forms of documents for Land Office title
4. For the purpose of section 87, in the case of land to be alienated under
Land Office title—
(a)
the computer printed register document of title shall consist of a Mukim grant in Form 5dk or a Mukim lease in Form 5ek, according as the land is to be alienated in perpetuity or for a term of years; and
(b)
the computer printed issue document of title shall be in the same form as Form 5dk or 5ek, as the case may be.
578
National Land Code 883
Provisions of the
National Land Code
Modification
Fourteenth Schedule
In its application to the Federal Territory of Labuan—
(1)
paragraph 4 is deleted;
Laws of Malaysia 884
Act 828
Plan for final title to be issued separately
5. (1) The plan of the land to be alienated shall be issued to the proprietor in Form B1. The Registrar shall keep in the land Registry a copy of the plan of the land to which it relates as approved by the Director of Survey under paragraph 396(1)(e). The copy of the plan in Form B1 shall be duly authenticated under the hand and seal of the Registrar.
(2)
The Land Administrator shall when delivering the computer printed issue document of title to the proprietor also deliver to him a copy of the plan in Form B1 duly authenticated under his hand and seal.
Forms of documents for qualified titles
6. For the purpose of subsection 177(2), documents of qualified titles shall consist of—
(a)
a computer printed register document of title in Form 11ak or 11bk according as the land in question is to be held under the form of qualified title corresponding to Registry title or that corresponding to Land Office title; and
(b)
a computer printed issue document of title in the same form as
Form 11ak or 11bk, as the case may be.
Plan for qualified title to be issued separately
7. (1) The plan of the land to be alienated under qualified title shall be issued to the proprietor in Form B2. The Land Administrator shall prepare a plan of the land and transmit it to the Registrar in Form B2 and to be authenticated under the hand and seal of the Registrar. Such plan shall be kept in the land
Registry.
(2)
The Land Administrator shall when delivering the computer printed issue document of title to the proprietor also deliver to him a copy of the plan in Form B2.
Conversion to computer register document of title
8. (1) Upon the coming into force of the Computerized Land Registration
System in a land Registry, the Registrar shall convert the existing register documents of title to the computer printed register documents of title and shall sign and seal the same.
579
National Land Code 885
Provisions of the
National Land Code
Modification
Fourteenth Schedule
In its application to the Federal Territory of Labuan—
(2)
in paragraph 6—
(a)
in subparagraph (a), delete the words
“or 11bk” and “or that corresponding to Land Office title”; and
(b)
in subparagraph (b), delete the words
“or Form 11bk, as the case may be”;
(3)
in paragraph 7—
(a)
substitute for subparagraph (1) the following subparagraph:
“(1) The plan of the land to be alienated under qualified title shall be issued to the proprietor in Form B2. The
Registrar shall prepare a plan of the land in Form B2 and to be authenticated under his hand and seal. Such plan shall be kept in the land Registry.”; and
(b)
in subparagraph (2), substitute for the words “Land Administrator” the word
“Registrar”;
Laws of Malaysia 886
Act 828
(2)
An existing register document of title shall continue to be in force and valid for all purposes of this Act until a computer printed register document of title is prepared and signed and sealed by the Registrar.
(3)
After the conversion of an existing register document of title, the existing issue document of title in respect thereof shall continue to be in force and valid for all purposes of this Act until the relevant computer printed issue document of title is prepared and issued to the proprietor.
(4)
Any registered proprietor whose land comes within the jurisdiction of a land Registry in which the Computerized Land Registration System is implemented may at any time apply for conversion of an existing issue document of title to a computer printed issue document of title by lodging the existing issue document of title at the said land Registry.
(5)
The Registrar may on his own accord convert any existing issue document of title without there being an application made under subparagraph (4).
(6)
In respect of an existing document of title prepared under the National
Land Code, the computer printed document of title shall be prepared as in
Form 5bk, 5ck, 5dk, 5ek, 11ak or 11bk, as the case may be, with the plan of the land in Form B1 or B2, as the case may be.
(7)
In respect of an existing document of title prepared under the previous land law, the computer printed document of title shall bear the like title with the plan of the land in Form B1 or B2, as the case may be.
(8)
The title to be issued under subparagraph (7) shall be deemed to be a title in continuation.
(9)
Upon the conversion of an existing document of title to a computer printed document of title under the preceding subparagraphs, the Registrar shall—
(a)
make two copies of the plan from the existing register document of title, where in the case of final title, from the copy as approved by the Director of Survey and Mapping under paragraph 396(1)(e), in
Form B1 or B2, as the case may be, and shall be duly authenticated under his hand and seal;
(b)
endorse across the face of the existing register document of title to the effect that the title in question has been converted to the computer printed register document of title; and on the making of such endorsement the existing register document of title shall be deemed to have been cancelled;
580
National Land Code 887
Provisions of the
National Land Code
Modification
Fourteenth Schedule
In its application to the Federal Territory of Labuan—
(4)
in subparagraph 8(6), substitute for the words
“, 5dk, 5ek, 11ak or 11bk” the words “or 11ak”.
Laws of Malaysia 888
Act 828
(c)
call upon the proprietor to take delivery of the computer printed issue document of title and the plan of the land; provided that where the conversion is effected by the Registrar on his own accord under subparagraph (5), he shall not be obliged to deliver to the proprietor the computer printed issue document of title unless the existing issue document of title is produced to him; and
(d)
cancel and destroy the existing document of title when submitted to him.
Mode of preparing documents of title
9. Every document of title to be prepared upon alienation of land or title in continuation or replacement of a computer printed register document of title shall, under the Computerized Land Registration System, be prepared by use of a computer.
Delivery to proprietor of a copy of the plan 10.
Where a document of title is prepared upon alienation of land or title in continuation or replacement of a computer printed register document of title, the Land Administrator shall deliver to the proprietor the computer printed issue document of title together with a copy of the plan of the land in Form
B1 or B2, as the case may be, and shall be duly authenticated under his hand and seal.
Conclusiveness of every folio of a computer printed register document of title 11.
For the purposes of section 89 and subsection 178(3), every folio of a computer printed register document of title is conclusive evidence of the particulars recorded therein.
Computer printed document of title to be kept in loose leaf 12.
For the purposes of sections 158, 159 and 177, every computer printed document of title registered under this Act, whether upon alienation of land or title in continuation or replacement of a computer printed register document of title, shall be kept in loose leaf.
Presentation Record
13. (1) The Registrar shall maintain a record, to be called the “Presentation
Record”, by or through the use of a computer, in which there shall be entered a short description of every matter presented for registration or entry, as the case may be.
581
National Land Code 889
(2)
The Presentation Record shall consist of—
(a)
the presentation number given by the computer in respect of each matter presented;
(b)
the date and time of presentation;
(c)
a description of the matter;
(d)
in the case of dealing, the name of the person presenting the matter;
(e)
the title description of the land affected by the presentation; and
(f)
a note whether the matter has been registered, endorsed or entered, as the case may be, or rejected or withdrawn.
Verification document to be verified
14. (1) After the Registrar has determined that an instrument is fit for registration in accordance with the provisions of Chapter 3 of Part Eighteen or that any other matter shall be entered into the document of title, he shall verify the contents of the verification document and if he finds the verification document to be in order, he shall authenticate the document under his hand and seal.
(2)
After the Registrar has registered any instrument of dealing or entered any other matter into a computer printed document of title, he shall cause the verification document to be filed.
Mode of registering instrument 15.
For the purpose of paragraph 304(2)(a), the memorial in the terms set out in subsection (3) thereof shall be entered into the computer in respect of the register document of title to which the land relates.
New computer printed document of title 16.
Upon making the memorial in the manner provided in paragraph 15
where it relates to a dealing or upon determining that any other matter shall be entered into any document of title, the Registrar shall cause a new computer printed register document of title and, where appropriate, a new computer printed issue document of title, to be prepared.
Conclusiveness of registration 17.
Every register document of title prepared pursuant to paragraph 16 and authenticated under the hand and seal of the Registrar shall be conclusive evidence of the registration to which it refers and the effective time and date thereof.
582
Laws of Malaysia 890
Act 828
Page:
Date:
****ID:
National Land Code
Form A
(Fourteenth Schedule)
VERIFICATION DOCUMENT
Verified by
Registrar
(name of Clerk)
(name of Registrar)
Signature
Signature
1. Version No.: …………………………………………………………………..
2. Type of matter: ………………………………………………………………..
3. Presentation No.: ………………… Date: …….………… Time: …..………...
4. Presenter: ……………………………………………………………………..
5. No. of Titles Affected: ………………………………………………………...
(a)
Former Contents: ………………………………...............….………...
(i)
*Title: …………………………………………………................
(ii)
**Affected Presentation: …………………………..........………
(iii)
***Others: …………………………………...….....……………..
6. Action taken: ………………………………………………………………….
7. New Contents: ………………………………………………………………...
*State/District/Mukim/Village/Title No./Lot No./L.O. No.
(Enter as appropriate)
**Name/Presentation No./Volume/Folio/Date//Time
(Enter as appropriate)
***Enter as appropriate
****ID Version No.-Type of Matter-Presentation No.
(Enter as appropriate)
583
National Land Code 891
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form A
In its application to the Federal Territory of Labuan, at the end of the Form, substitute for the words
“Mukim/Village” the words “Town/Country”.
Laws of Malaysia 892
Act 828
National Land Code
Form B1
(Fourteenth Schedule)
PLAN OF THE LAND
(Final Title)
I certify that the plan below is a true copy of the certified plan of the land.
The particulars of the title are as follows:
Title type and No.: …………………………………………...……………….....
State: …………………………………………………………………………….
District: ………………………………………………………………………….
*Town/Village/Mukim: …………………………………………………………
Sheet No.: ……………………………………………………………………….
Certified Plan No.: ……………………………………………...………………
Lot No.: …………………………………Area of Lot: ………………………...
Plan
Dated on ……………………………….
Registrar
*Enter as appropriate 584
National Land Code 893
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form B1
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 894
Act 828
National Land Code
Form B2
(Fourteenth Schedule)
†PLAN OF THE †LAND
(Qualified Title)
I certify that the *sketch ††plan/††plan below is a true copy of the *sketch
††plan/††plan of the ††land. The particulars of the title are as follows:
*Q.T.(R)/Q.T.(M):………………………………………………………………
State: …………………………………………………………………………….
District: ………………………………………………………………………….
*Town/Village/Mukim: …………………………………………………………
Sheet No.: ……………………………………………………………………….
†††L.O. No.: ……………………………………………………..………………
†††Provisional Area: ……………………………………………………………..
2. In the ††plan below, the boundaries shown in red not having been established by survey, are provisional only.
*Sketch ††plan/††plan.
Dated on ……………………………….
L.S. ………………..…
Registrar
*Enter as appropriate
†
In respect of underground land, insert before the words “PLAN” and “LAND” the words
“STRATUM” and “UNDERGROUND” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
†††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional Area”
the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively—see
P.U. (A) 204/1997.
585
National Land Code 895
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form B2
In its application to the Federal Territory of Labuan—
(a)
delete the words “/Q.T.(M)”;
(b)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 896
Act 828
National Land Code
Form 5bk
(Fourteenth Schedule)
Title No.
Annual Rent: RM
Version No.: …………………
State
:
District
:
*Town/Village/Mukim
:
Lot No.
:
Area of Lot
:
Category of Land Use
:
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/ Group
Settlement Area, etc. …………..……..…..…………...….......…………....
Gazette Notification No. ……...……………. dated ……......………………...
The land described above is held in perpetuity by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on ………………………..
Registrar
The plan of the land, for the purposes of identification, is in Form B1.
586
National Land Code 897
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 5bk
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”; and
(b)
delete the words “Malay Reservation/”.
Laws of Malaysia 898
Act 828
**(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified): ………………………………………………
No. of immediately preceding title (if different from above): …………………….......
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
587
National Land Code 899
Provisions of the
National Land Code
Modification
Laws of Malaysia 900
Act 828
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 5ck
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”; and
(b)
delete the words “Malay Reservation/”.
National Land Code
National Land Code 901
National Land Code
Form 5ck
(Fourteenth Schedule)
Version No.: …………………
Title No.
Annual Rent: RM
Term of ……………… years expiring on ……………….
State
:
District
:
*Town/Village/Mukim
:
Lot No.
:
Area of Lot
:
Category of Land Use
:
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group
Settlement Area, etc. ………………………..…………………………...…....
Gazette Notification No. ………………………. dated ……..…………...…...
The land described above is held for the above term of years by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on ………………………..
Registrar 588
Laws of Malaysia 902
Act 828
The plan of the land, for the purposes of identification, is in Form B1.
**(To be completed when the title is issued in continuation)
Date of first alienation: …………………………...………………………………….
No. of original title (final or qualified): ……………...……………………………
No. of immediately preceding title (if different from above): ….…………………...
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
589
National Land Code 903
Provisions of the
National Land Code
Modification
Laws of Malaysia 904
Act 828
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 5dk
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 905
National Land Code
Form 5dk
(Fourteenth Schedule)
Version No.: …………………
Title No.
Annual Rent: RM
State
:
District
:
Mukim
:
Locality
:
Lot No.
:
Area of Lot
:
Category of Land Use
:
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/
Group Settlement Area, etc. …………….……...…………...….......….….
Gazette Notification No. ………………………dated ………………………..
The land described above is held in perpetuity by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on …………………………..
Registrar
The plan of the land, for the purposes of identification, is in Form B1.
590
Laws of Malaysia 906
Act 828
**(To be completed when the title is issued in continuation)
Date of first alienation: ………………………………...…………………………….
No. of original title (final or qualified):……………...…………………………
No. of immediately preceding title (if different from above): ….…………………...
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
_______________
591
National Land Code 907
Provisions of the
National Land Code
Modification
Laws of Malaysia 908
Act 828
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 5ek
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 909
National Land Code
Form 5ek
(Fourteenth Schedule)
Version No.: …………………
Title No.
Annual Rent: RM
Term of ……………… years expiring on ……………….
State
:
District
:
*Mukim
:
Locality
:
Lot No.
:
Area of Lot
:
Category of Land Use
:
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/
Group Settlement Area, etc. ….........……………………………………...
Gazette Notification No. …………………… dated ………………..…………...
The land described above is held for the above term of years by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on …………………………..
Registrar 592
Laws of Malaysia 910
Act 828
The plan of the land, for the purposes of identification, is in Form B1.
**(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified):……………………………………………….
No. of immediately preceding title (if different from above):…………………….......
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
593
National Land Code 911
Provisions of the
National Land Code
Modification
Laws of Malaysia 912
Act 828
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 11ak
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
delete the words “Malay Reservation/”.
National Land Code
National Land Code 913
National Land Code
Form 11ak
(Fourteenth Schedule)
(Qualified Title Corresponding to Registry Title)
Version No.: …………………
Q.T. (R) No.
Annual Rent: RM
State
:
District
:
*Town/Village/Mukim
:
†L.O. No.
:
††Provisional Area
:
†††Category of Land Use
:
Standard Sheet No.
:
†††R.S. No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve, etc. ...........
…………………………………………………………………………………...
Gazette Notification No. ……….…………….dated ……..…………………….
*Grant in perpetuity/
Lease for a term of………………………expiring on ………………………….
Registered on …………………………..
Registrar
Issue document of title issued on ……………………….
Registrar
The *sketch †plan/†plan of the †land, for the purpose of identification, is in
Form B2.
594
Laws of Malaysia 914
Act 828
Special Conditions of Qualified Title
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
2. In the †plan of the †land in Form B2, the boundaries shown in red, not having been established by survey, are provisional only.
**(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified): ………………………………………………
No. of immediately preceding title (if different from above):………………………...
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
†
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional
Area” the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively
†††
In respect of underground land, substitute for the words “Category of Land Use” and “R.S.
No.” the words “Category of Underground Land Use” and “R.S. Stratum No.” respectively
595
National Land Code 915
Provisions of the
National Land Code
Modification
Laws of Malaysia 916
Act 828
Provisions of the
National Land Code
Modification
Fourteenth Schedule –
Form 11bk
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 917
National Land Code
Form 11bk
(Fourteenth Schedule)
(Qualified Title Corresponding to Land Office Title)
Version No.: …………………
Q.T. (M) No.
Annual Rent: RM
State
: ……………………………………………….…….
District
: ………………………………………………..……
Mukim
: …………………………………………………..…
Locality
: ………………………………………………….….
: …………………………………………………..…
††Provisional Area
: …………………………………………………..…
†††Category of Land Use : ……………………………………………………..
Standard Sheet No.
: ……………………………………………..………
†††R.S. No.
: ………………………………………………..……
File No.
: …………………………………………………..…
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve, etc.
……………………….......................................................…………………
Gazette Notification No. …………………………. dated …………...…………
*Grant in perpetuity/
Lease for a term of ……………………expiring on ………………...………….
Registered on …………………………..
Registrar
Issue document of title issued on ……………………
Registrar
The *sketch †plan/†plan of the †land, for the purpose of identification, is in
Form B2.
596
Laws of Malaysia 918
Act 828
Special Conditions of Qualified Title
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
2. In the †plan of the †land in Form B2, the boundaries shown in red, not having been established by survey, are provisional only.
**(To be completed when the title is issued in continuation)
Date of first alienation: …………………………………………………………….
No. of original title (final or qualified):……………………………………………
No. of immediately preceding title (if different from above): ……………………...
……………………………………………………………………………………......
Registrar
*Enter as appropriate
**Enter when appropriate
Title ID
:
Date
:
Version No. :
Copy No.
:
Page
:
†
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional
Area” the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively
†††
In respect of underground land, substitute for the words “Category of Land Use” and “R.S.
No.” the words “Category of Underground Land Use” and “R.S. Stratum No.” respectively
597
National Land Code 919
Fifteenth Schedule
[Section 5c]
MODIFICATIONS TO FACILITATE THE IMPLEMENTATION
OF THE PENGURUSAN DANAHARTA NASIONAL
BERHAD ACT 1998
Interpretation
1. For the purposes of this Schedule—
“acquiree” has the meaning assigned to it in the Pengurusan Danaharta
Nasional Berhad Act 1998 [Act 587];
“Danaharta” means Pengurusan Danaharta Nasional Berhad, the corporation established pursuant to the Pengurusan Danaharta Nasional Berhad Act 1998
(which expression shall include any of its subsidiaries defined under the Act);
“seller” has the meaning assigned to it in the Pengurusan Danaharta Nasional
Berhad Act 1998;
“statutory vesting” in relation to section 414 includes the vesting of any lienholder’s caveat or private caveat or prohibitory order;
“transfer certificate” has the meaning assigned to it in the Pengurusan
Danaharta Nasional Berhad Act 1998;
“vesting certificate” has the meaning assigned to it in the Pengurusan
Danaharta Nasional Berhad Act 1998.
Lienholder’s caveat or private caveat capable of transfer
2. For the purposes of subsection 214(1), a lienholder’s caveat or private caveat vested in Danaharta or the acquiree, as the case may be, pursuant to a statutory vesting effected under the Pengurusan Danaharta Nasional Berhad
Act 1998 shall be capable of transfer.
Statutory vesting in Danaharta or acquiree
3. (1) For the purposes of section 415, in the case of a statutory vesting pursuant to the Pengurusan Danaharta Nasional Berhad Act 1998, a vesting certificate or a transfer certificate, as the case may be, shall be conclusive evidence of the vesting of any registered or registrable interest.
(2)
The Registrar shall upon receiving a vesting certificate or a transfer certificate, as the case may be, register and give effect to the vesting and shall dispense with all other requirements pertaining to an application for registration of a statutory vesting under Part Thirty.
598
Laws of Malaysia 920
Act 828
(2a)
The vesting of any right, title or interest stipulated in the vesting certificate or transfer certificate in Danaharta or the acquiree, as the case may be, shall have the effect provided for in the Pengurusan Danaharta Nasional
Berhad Act 1998.
(3)
The effective date of the vesting under subparagraph (2) shall be the vesting or disposition date specified in the vesting certificate or the transfer certificate, as the case may be.
(4)
Where any land or lease or any interest in any land or lease has been vested in an acquiree pursuant to this paragraph, any further dealings in respect of the land, lease or interest shall be subject to the provisions of this Act.
Transfer of lienholder’s caveat, private caveat and prohibitory order in respect of land or lease vested in Danaharta
4. (1) Where any land or lease vested in Danaharta is subject to any lienholder’s caveat, private caveat or prohibitory order, the transfer of such lienholder’s caveat, private caveat or prohibitory order shall be effected by an instrument in Form 1(B)a.
(2)
Upon the registration of the transfer specified under subparagraph (1), the lienholder’s caveat, private caveat or prohibitory order shall pass to and vest in Danaharta and shall be enforceable by or against Danaharta.
(3)
For the purposes of this paragraph, “transfer” means—
(a)
where the land or lease has been vested in Danaharta and is subject to a lienholder’s caveat, such caveat shall be deemed to have been withdrawn;
(b)
where the charge has been vested in Danaharta and the land is subject to a private caveat, Danaharta will have the benefit of such claim under the caveat; or
(c)
where the land or lease has been vested in Danaharta and is subject to a prohibitory order, Danaharta shall have the benefit of such order.
(4)
Where any lienholder’s caveat, private caveat or prohibitory order in respect of any land or lease has been transferred to Danaharta pursuant to this paragraph, no further transfer of such lienholder’s caveat, private caveat or prohibitory order shall be registered.
(5)
The registration of such transfer shall be effected under this paragraph notwithstanding anything inconsistent therewith or contrary thereto contained in Chapter 6 of Part Sixteen and Part Nineteen.
599
National Land Code 921
Rights as a chargee 4a. (1) Danaharta shall, in addition to the rights of a chargee under this Act, have at all times the right—
(a)
to employ guards to protect and secure the land and all buildings on the land;
(b)
by itself or by its agents, by giving not less than two clear days’ notice to the chargor, to enter the land and all buildings on the land—
(i)
to inspect the state of maintenance, cultivation and repair of the land and all buildings on the land;
(ii)
without prejudice to any other remedy, to take such action as is necessary to keep the land in a reasonable state of maintenance and cultivation and all buildings on the land in repair;
(iii)
together with any intended purchaser, to inspect the land and all buildings on the land.
(2)
The costs properly incurred by Danaharta in exercising its rights under this paragraph shall be added to and deemed to form part of the amount due under the charge.
Sale by private treaty
5. (1) Danaharta shall have, in addition to the remedies of a chargee under
Chapter 3 and Chapter 4 of Part Sixteen, the remedy of a sale by private treaty.
(2)
In this paragraph—
(a)
the chargee means “Danaharta”; and
(b)
a sale by private treaty includes a sale effected by private contract, auction or tender.
(3)
Where Danaharta sells by private treaty, the provisions of this paragraph shall apply.
(4)
The chargee shall—
(a)
notify the chargor in writing of the breach in question including the amount due to the chargee;
(b)
require it to be remedied within one month of the date of the notice;
and
(c)
warn the chargor that if the notice is not complied with, the chargee shall proceed to sell the land charged by private treaty.
600
Laws of Malaysia 922
Act 828
(4a)
Notwithstanding any other law, any error in stating the amount due to the chargee in a notice issued under subparagraph (4) shall not be a ground to invalidate any sale by private treaty.
(5)
Subject to subparagraph (5a), if on the expiry of the period specified in the notice under subparagraph (4) the breach in question has not been remedied, the amount due to the chargee shall (if it has not already done so)
become due and payable and the land or lease may be sold by private treaty by the chargee, provided that the chargee has taken such reasonable care to obtain the market value of the land or lease.
(5a)
A chargor may, at any time before the conclusion of a sale under this paragraph, pay—
(a)
the amount due to the chargee as at the date of payment; and
(b)
an amount sufficient to cover all expenses incurred in connection with the sale by private treaty.
(5b)
Upon the chargor making the payment as specified under subparagraph (5a), any proceedings taken to sell by private treaty shall be deemed to be terminated.
(5c)
A sale by private treaty shall be deemed to be have been concluded at the time when there is a binding agreement between the chargee and the purchaser notwithstanding that the agreement is conditional or that the land or lease has not been transferred and without limiting the foregoing—
(a)
in the case of a sale effected by auction, at the time when a bid is accepted;
(b)
in the case of a sale effected by tender, at the time when the letter of award is issued.
(5d)
For the purpose of a sale by private treaty, the chargee shall be deemed to be authorized by the chargor to effect the transfer of the land or lease in question to the purchaser.
(6)
Where the sale by private treaty has been completed, the land or lease in question may be transferred to the purchaser by either a transfer certificate or an instrument in Form 1(B)b.
(7)
Any Form 1(B)b or transfer certificate given to a purchaser under subparagraph (6) shall be treated as an instrument of dealing and registrable accordingly and section 267 shall apply mutatis mutandis as they apply to a certificate of sale, and section 336 shall apply as if a reference to a certificate of sale was a reference to a Form 1(B)b or transfer certificate, as the case may be.
601
National Land Code 923
(8)
The purchase money arising on any sale under this paragraph shall be applied as follows:
(a)
firstly, in the payment of any rent due to the State Authority and any other outgoings payable to the State Authority or any local authority;
(b)
secondly, in the payment of all expenses incurred in connection with the making and carrying into effect of the sale by private treaty;
(c)
thirdly, in the payment off of prior charges, if any, in the order of their priority; and
(d)
fourthly, in the order specified in paragraphs 268(1)(c), (d) and (e)
and subsections 268(2) and (3).
Power of attorney
6. A power of attorney in favour of a seller which before the vesting date was duly registered under Chapter 5 of Part Eighteen shall be read and construed as a reference to and proof of a power of attorney given in favour of Danaharta, upon production of a vesting certificate to the Registrar or as a reference to and proof of a power of attorney given to the acquiree upon production of a transfer certificate to the Registrar.
Rights as a lienholder
7. Danaharta as a lienholder shall have, in addition to the remedies of a lienholder under Chapter 6 of Part Sixteen, the remedy provided for under paragraph 5 of this Schedule without having to obtain judgment for the amount due to it and the provisions of paragraph 5 of this Schedule shall apply as if
Danaharta was a chargee of the land or lease in question.
Caveat or prohibitory order shall not prevent a registration, endorsement or entry
8. Any caveat or prohibitory order which was registered, endorsed or entered prior to a vesting shall not prevent the registration, endorsement or entry on the register document of title of any registered interest or the registrable interest or other right or entitlement stipulated in the vesting certificate or transfer certificate, as the case may be.
602
Laws of Malaysia 924
Act 828
Rights in acquiring land or lease
9. Notwithstanding anything to the contrary in any law, Danaharta or any subsidiary of Danaharta (as defined in the Pengurusan Danaharta Nasional
Berhad Act 1998) may, without having to pay and deposit, acquire any land or lease disposed of under this Schedule and be entitled to set off the purchase price against any liability owed to any one or more of the following:
(a)
Danaharta;
(b)
any subsidiary of Danaharta.
Additional rights 10.
Danaharta’s rights under this Schedule—
(a)
may be exercised notwithstanding any orders for sale made whether pursuant to any rules of court, this Act or any other law and notwithstanding any steps or proceedings taken or pending to sell the land or lease;
(b)
may be exercised without the need for any approval, confirmation or order of court;
(c)
are cumulative and not exclusive of any other rights or remedies provided by this Act or any other law or contract;
(d)
may be exercised concurrently with any rights or remedies provided by this Act or any other law or contract.
Protection of officers 11.
No officer appointed under this Act shall be liable to be sued in any civil court for any act or matter done or omitted to be done by him in good faith and in the intended exercise of any power or performance of any duty conferred or imposed on him by or under this Schedule or the Pengurusan
Danaharta Nasional Berhad Act 1998.
603
National Land Code 925
Provisions of the
National Land Code
Modification
Laws of Malaysia 926
Act 828
Provisions of the
National Land Code
Modification
Fifteenth Schedule –
Form 1(B)a
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
National Land Code
National Land Code 927
National Land Code
Form 1(B)a
(Paragraph 4, Fifteenth Schedule)
TRANSFER OF LIENHOLDER’S CAVEAT, PRIVATE
CAVEAT OR PROHIBITORY ORDER
To the *Registrar/Land Administrator ……………...…………………………….….
I, ……………………………………………………………………………………...
of ……………………………………………………………………………………..
being a person having a claim to the *land/lease/sublease or *interest in the
*land/lease/sublease described in the Schedule below:
(a)
In consideration of the sum of …………… ringgit, the receipt of which sum I hereby acknowledge;
(b)
In consideration of—
…………………………………………………………………......……;
(c)
For no consideration, hereby transfer to the transferee named below the *lienholder’s caveat/private caveat/prohibitory order that is being claimed by me.
Dated on …………………………….
.……………………………………….
Signature (or other form of execution)
by or on behalf of transferor
*Delete as appropriate
*I/We, *Danaharta/acquiree of……………………………………………………..
accept this transfer.
.……………………………………….
Signature (or other form of execution)
by or on behalf of *Danaharta/acquiree
[Schedule as in Form 13a of the First Schedule]
604
Laws of Malaysia 928
Act 828
National Land Code
Form 1(B)b
(Paragraph 5, Fifteenth Schedule)
CERTIFICATE OF SALE BY PRIVATE TREATY
To the *Registrar/Land Administrator …………...……….………………………….
*I/We, *Danaharta/acquiree of ……………………………………………………..
as chargee hereby certify that the *land/lease/sublease or *interest in the *land/
lease/sublease described in the Schedule below has been sold by private treaty to
……….…………….. in consideration of the sum of …………………… ringgit.
Dated on …………………………….
.……………………………………….
Signature (or other form of execution)
by or on behalf of *Danaharta/acquiree
[Schedule as in Form 13a of the First Schedule]
*Delete as appropriate 605
National Land Code 929
Provisions of the
National Land Code
Modification
Fifteenth Schedule –
Form 1(B)b
In its application to the Federal Territory of
Labuan, substitute for the words “*Registrar/Land
Administrator” the word “Registrar”.
Laws of Malaysia 930
Act 828
Sixteenth Schedule
[Section 5d]
ELECTRONIC LAND ADMINISTRATION SYSTEM
Interpretation
1. In this Schedule, unless the context otherwise requires—
“computer” means any device for storing or processing information and includes the necessary input and output and database of a computer;
“computer document of licence or permit or lease of reserved land” means any computer printed document of licence or computer printed document of permit or computer printed document of lease of reserved land prepared by use of a computer;
“computer document of title” means any computer register document of title or computer issue document of title stored virtually in the land database, and includes printout thereof;
“digital data” means all land related information recorded into land database by electronic technology that generates, stores, preserves and processes data in terms of a computer file containing land titles, images, documents or spatial and textual data, in which the outputs are available in computerized formats upon the coming into operation of the Electronic Land Administration System;
“digital signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine—
(a)
whether the transformation was created using the private key that corresponds to the signer’s public key; and
(b)
whether the message has been altered since the transformation was made;
“disaster”, in the context of the Electronic Land Administration System, means any natural or man-made disaster or hardware failure that causes an extended service interruption to the data processing services which cannot be corrected within an acceptable time which necessitates the use of an alternate site or equipment for recovery;
“Electronic Land Administration System” means an integrated electronic processing of applications on land matters, registration of titles, documents required to be prepared thereby and any entry in any document of title through the use of a computer which includes both manual and computerized procedures;
606
National Land Code 931
“entry”, in relation to any document of title, includes any endorsement, memorial, note, correction, cancellation or deletion or any other entry thereon by use of a computer;
“existing document of title” means any register document of title or issue document of title issued manually or by use of a computer registered before or after the commencement of the Electronic Land Administration System;
“land database” means a resource of information that contains all kinds of digital data or computer registers of titles or any other land related information, electronically stored in computerized formats upon the coming into operation of the Electronic Land Administration System in a land Registry;
“matter” means any instrument presented for registration or any order, notification, application or other document presented for entry into the register.
Mode of making an entry on a document of title under the Electronic
Land Administration System
2. For the purposes of this Act, whenever an entry is required to be made on the computer document of title the Registrar shall—
(a)
make the entry;
(b)
prepare a new computer document of title;
(c)
cancel the previous version of the computer printed document of title;
(d)
capture image of the previous version of the computer printed document of title that has been cancelled to be virtually stored in the land database; and
(e)
destroy the previous version of the computer printed document of title.
Forms for Registry title
3. For the purpose of section 86, in the case of land to be alienated under
Registry title—
(a)
the computer register document of title shall consist of a grant in
Form 5Be or a State lease in Form 5Ce, according as the land is to be alienated in perpetuity or for a term of years; and
(b)
the computer issue document of title shall be in the same form as
Form 5Be or 5Ce, as the case may be.
607
Laws of Malaysia 932
Act 828
Forms of documents for Land Office title
4. For the purpose of section 87, in the case of land to be alienated under
Land Office title—
(a)
the computer register document of title shall consist of a Mukim grant in Form 5De or a Mukim lease in Form 5Ee, according as the land is to be alienated in perpetuity or for a term of years; and
(b)
the computer issue document of title shall be in the same form as
Form 5De or 5Ee, as the case may be.
Forms of documents for qualified titles
5. For the purpose of subsection 177(2), documents of qualified titles shall consist of—
(a)
the computer register document of title in Form 11Ae or 11Be, according as the land in question is to be held under the form of qualified title corresponding to Registry title or that corresponding to Land Office title; and
(b)
the computer issue document of title in the same form as Form 11Ae or 11Be, as the case may be.
Plan for computer document of title
6. (1) The plan of the land to be alienated under final title shall—
(a)
in the case of land held under Registry title, be issued by the Registrar in Form B1e separately to the proprietor and he shall duly authenticate it under his digital signature; or
(b)
in the case of land held under Land Office title, be issued by the
Land Administrator in Form B1e separately to the proprietor and he shall duly authenticate it under his digital signature; and
(c)
be virtually stored in the land database by the Registrar or the Land
Administrator, as the case may be.
(2)
The plan of the land to be alienated under qualified title shall—
(a)
in the case of land held under Registry title, be issued by the Registrar in Form B2e separately to the proprietor and he shall duly authenticate it under his digital signature; or 608
National Land Code 933
Provisions of the
National Land Code
Modification
Sixteenth Schedule
In its application to the Federal Territory of Labuan—
(1)
paragraph 4 is deleted;
(2)
in paragraph 5(a), delete the words “or that corresponding to Land Office title”;
(3)
subsubparagraph 6(1)(b) is deleted;
(4)
in subsubparagraph 6(1)(c), delete the words “or the Land Administrator, as the case may be”;
Laws of Malaysia 934
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule
In its application to the Federal Territory of Labuan—
(5)
subsubparagraph 6(2)(b) is deleted;
National Land Code
National Land Code 935
(b)
in the case of land held under Land Office title, be issued by the
Land Administrator in Form B2e separately to the proprietor and he shall duly authenticate it under his digital signature; and
(c)
be virtually stored in the land database.
Conversion to computer register document of title
7. (1) Upon the coming into operation of the Electronic Land Administration
System in a land Registry, the Registrar shall convert the existing register documents of title, to the computer documents of title and shall authenticate the same under his digital signature.
(2)
An existing register documents of title shall continue to be in force and valid for all purposes of this Act until a computer documents of title is prepared and duly authenticated by the Registrar.
(3)
After the conversion of an existing register document of title to the computer document of title, the existing issue documents of title in respect thereof shall continue to be in force and valid for all purposes of this Act until the relevant computer issue document of title is prepared and issued to the proprietor.
(4)
The computer documents of title to be prepared in respect of an existing printed document of title prepared under this Act shall be in Form 5Be, 5Ce,
5De, 5Ee, 11Ae or 11Be of this Schedule, as the case may be.
(4a)
In respect of an existing document of title prepared manually under this Act, the computer printed document of title shall be in Form 5Be, 5Ce,
5De, 5Ee, 11Ae or 11Be of this Schedule, as the case may be.
(5)
In respect of an existing document of title registered under the previous land law, the computer document of title shall be deemed to be a process for the preparation of titles in continuation.
(6)
Upon the conversion of an existing document of title to a computer document of title under the preceding subparagraphs, the Registrar shall—
(a)
enter the plan into Form B1e or B2e, as the case may be, and duly authenticate it under his digital signature;
(b)
make a note of cancellation on the existing register document of title to the effect that the title in question has been converted to the computer document of title;
(c)
cancel the existing issue document of title and capture its image to be virtually stored in the land database when submitted to him; and
(d)
destroy the existing document of title that has been cancelled.
609
Laws of Malaysia 936
Act 828
(7)
In respect of the document of title referred to in subparagraph (4a) or (5), the requirement under subsubparagraph (6)(b) may include—
(a)
an endorsement across the face of the existing register document of title; or
(b)
any types of endorsement in any circumstances where an endorsement across the face of the existing register document of title is impossible, to the effect that the title in question has been converted to the computerized document of title.
Mode of preparing documents of title
8. (1) Every document of title to be prepared upon alienation of land or title in continuation or replacement of a computer issue document of title, under the Electronic Land Administration System, shall be prepared by the use of a computer.
(2)
A computer document of title prepared shall be viewed via a computer for verification purposes.
(3)
Upon request by the Registrar or as required for any purpose of this
Act or any other written law, a copy of the computer register document of title or computer issue document of title shall be printed out in the respective form.
Delivery to proprietor of a copy of the plan
9. Where a document of title is prepared upon alienation of land or title in continuation or replacement of a computer printed register document of title, the Land Administrator shall deliver to the proprietor the computer issue document of title together with a copy of the plan of the land in Form B1e or B2e, and shall be duly authenticated under his digital signature.
Conclusiveness of every computer register document of title 10.
For the purposes of section 89 and subsection 178(3), every computer register document of title virtually stored in the land database is conclusive evidence of the particulars recorded therein.
Computer document of title to be kept in database 11.
For the purposes of sections 158, 159 and 177, every computer document of title registered under this Act whether upon alienation of land or title in continuation or replacement of a computer printed register document of title, shall be stored in the land database.
610
National Land Code 937
Presentation Record and Correction Note Record
12. (1) The Registrar shall maintain records, to be called the “Presentation
Record” and “Correction Note Record”, which contain a short description of every matter presented or corrected for registration or entry, as the case may be.
(2)
The Presentation Record shall consist of—
(a)
the presentation number given by the computer in respect of each matter presented;
(b)
the date and time of presentation;
(c)
a description of the matter;
(d)
in the case of dealing, the name of the person presenting the matter;
(e)
the title description of the land affected by the presentation; and
(f)
a note whether the matter has been registered, endorsed or entered, as the case may be, or rejected or withdrawn.
(3)
The Correction Note Record shall consist of—
(a)
the presentation number given by the computer in respect of the correction;
(b)
the date and time of correction; and
(c)
a description in detail of the correction.
Contents of computer document of title to be verified
13. (1) After the Registrar has determined that an instrument is fit for registration in accordance with the provisions of Chapter 3 of Part Eighteen or that any other matter shall be entered into the computer document of title, he shall verify the contents of the verification document and if he finds the verification document to be in order, he shall authenticate the document under his digital signature.
(2)
After the Registrar has registered any instrument of dealing or entered any other matter into a computer document of title, the verification document shall be virtually stored in the land database upon his authentication.
611
Laws of Malaysia 938
Act 828
Mode of registering instrument, etc.
14. (1) For the purpose of paragraph 304(2)(a), the memorial in the terms set out in subsection 304(3) thereof shall be entered into the computer in respect of the register document of title to which the land relates.
(2)
The Registrar may, in respect of the documents required under section 306, capture the image of those documents to be virtually stored in the land database.
New printed issue document of title 15.
Upon making the memorial in the manner provided in paragraph 14
where it relates to a dealing or upon determining that any other matter shall be entered into any document of title, the Registrar shall—
(a)
cause to be updated the register document of title kept in the land database; and
(b)
cause to be printed a new computer issue document of title.
Conclusiveness of registration of title
16. (1) Every register document of title prepared pursuant to paragraph 15 and authenticated under the digital signature of the Registrar shall be conclusive evidence of the registration to which it refers and the effective time and date thereof.
(2)
Notwithstanding the requirement of authentication under subparagraph (1), the requirement of seal under Registrar’s authentication shall be dispensed with.
Disaster Recovery Centre 17.
The Disaster Recovery Centre shall act as a land database of Registry in times of disaster for such a period, as may be specified by the State Authority, when the Registry fails to continue its normal business operation.
Forms for a computer document of licence or permit or lease
18. (1) For the purposes of sections 67 and 69, in the case of land to be issued a temporary occupation licence or a combination of a temporary occupation licence and permit for removal of rock material, the computer document of licence shall be prepared in Form 4Ae or 4Be respectively.
612
National Land Code 939
(2)
For the purposes of sections 72 and 75c, in the case of land to be issued a permit for removal of rock material or a permit for the use of air space above State land or reserved land, the computer document of permit shall be prepared in Form 4Ce or 4De respectively.
(3)
For the purposes of section 63, in the case of reserved land to be issued a lease, the computer document of lease shall be prepared in Form 4Ee.
Plan for a computer document of licence or permit or lease
19. (1) For the purpose of paragraph 18, the plan of the affected land shall be issued separately to the licensee or permit holder or lessee of reserved land in Form L1e, L2e, P1e, P2e or P3e, as the case may be.
(2)
The Land Administrator shall cause to be stored in the land database, a copy of the plan of the land to which it relates as approved by the Director or by the State Authority, as the case may be.
(3)
A copy of the plan in Form L1e, L2e, P1e, P2e or P3e shall be duly authenticated under the digital signature of the Land Administrator.
(4)
The Land Administrator shall deliver the printed computer document of licence or permit or lease of reserved land to the respective licensee or permit holder or lessee of reserved land together with the respective copy of the plan as described in subparagraph (1).
Renewal of a temporary occupation licence 20.
For the purpose of section 67, where it relates to a note of renewal to be entered into a computer document of licence, the Land Administrator shall—
(a)
authenticate the computer document of licence virtually stored in the land database; and
(b)
cause to be updated the existing printed computer document of licence submitted to him.
Conclusiveness of licence or permit or lease 21.
Every computer document of licence or permit or lease of reserved land prepared pursuant to paragraphs 18 and 19 and authenticated under the digital signature of the Land Administrator shall be conclusive evidence of its issuance.
613
Laws of Malaysia 940
Act 828
Electronic searches
22. (1) Upon the coming into operation of the Electronic Land Administration
System, any electronic searches may be made applicable to private titles searches pursuant to section 384.
(2)
Subject to the payment of the prescribed fee, any person may inspect and take notes of or extract any information from any computer document of title which is accessible through the Electronic Land Administration System maintained by the Registrar.
(3)
Any Registry or Land Office shall be accessible to public for private search services at such Registry or Land Office at any time during normal office hours.
(4)
Notwithstanding paragraph (3), private searches may be conducted at places other than the Registry or Land Office, at such times as may be fixed by the State Director, with the approval of the State Authority and the State
Director may fix different operating hours for different purposes.
(5)
An electronic search shall be applicable to any information stored, subject to the direction of the State Authority as may be so prescribed.
(6)
No claim or suit shall arise or be maintained against the State Authority as a result of action taken based on the content of such search.
614
National Land Code 941
Provisions of the
National Land Code
Modification
Sixteenth Schedule
In its application to the Federal Territory of Labuan—
(6)
in subparagraph 22(3), delete the words “or
Land Office”;
(7)
in subparagraph 22(4), delete the words “or
Land Office”.
Laws of Malaysia 942
Act 828
[Bar Code]
National Land Code
Form B1e
(Sixteenth Schedule)
PLAN OF THE LAND
(Final Title)
I certify that the plan below is a true copy of the certified plan of the land.
The particulars of the title are as follows:
Title Description and No. :
State
:
District
:
Town/Village/Mukim
:
Standard Sheet No.
:
Certified Plan No.
:
Lot No.
:
Area of Lot
:
Plan
The plan shown may not be to actual scale.
Dated on …………
[Digital Signature]
*Enter as appropriate 615
National Land Code 943
[Bar Code]
National Land Code
Form B2e
(Sixteenth Schedule)
†PLAN OF THE †LAND
(Qualified Title)
I certify that the ††plan below is a true copy of the ††plan of the ††land. The particulars of the title are as follows:
Title Description and No. :
State
:
District
:
Town/Village/Mukim
:
Standard Sheet No.
:
†††L.O. No.
:
†††Provisional Area
:
2. In the ††plan below, the boundaries shown in red not having been established by survey, are provisional only.
Plan
The ††plan shown may not be to actual scale.
Dated on ……..…………
[Digital Signature]
*Enter as appropriate
†
In respect of underground land, insert before the words “PLAN” and “LAND” the words
“STRATUM” and “UNDERGROUND” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
†††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional
Area” the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively
616
Laws of Malaysia 944
Act 828
[Bar Code]
National Land Code
Form 5Be
(Sixteenth Schedule)
Title No.
Annual Rent: RM
State
:
District
:
Town/Village/Mukim
:
Lot. No.
:
Area of Lot
:
Category of Land Use :
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. ..………………..…………………………………......................................
Gazette Notification No. ……………………. dated ………….…..……….………...
The land described above is held in perpetuity by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
617
National Land Code 945
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 5Be
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
delete the words “Malay Reservation/”.
Laws of Malaysia 946
Act 828
By command of the State Authority
Registered on ……………
**[Digital Signature]
The plan of the land, for the purposes of identification, is in Form B1e.
(To be completed when the title is issued in continuation)
Date of first alienation: …………………………....…………………………….
No. of original title (final or qualified): …………………....……………….…
No. of immediately preceding title (if different from above): ………………………...
[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
618
National Land Code 947
Provisions of the
National Land Code
Modification
Laws of Malaysia 948
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 5Ce
In its application to the Federal Territory of Labuan—
(c)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(d)
delete the words “Malay Reservation/”.
National Land Code
National Land Code 949
[Bar Code]
National Land Code
Form 5Ce
(Sixteenth Schedule)
Title No.
Annual Rent: RM
Term of ……………… years expiring on ……………….
State
:
District
:
Town/Village/Mukim
:
Lot No.
:
Area of Lot
:
Category of Land Use :
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. ………..………………..………….........................……………….……....
Gazette Notification No. ………………...……...……. dated ………………………
The land described above is held for the above term of years by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on …………….
**[Digital Signature]
The plan of the land, for the purposes of identification, is in Form B1e.
619
Laws of Malaysia 950
Act 828
(To be completed when the title is issued in continuation)
Date of first alienation:……………………………………………………………….
No. of original title (final or qualified):…………………………………….…………
No. of immediately preceding title (if different from above): ………………………...
[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
620
National Land Code 951
Provisions of the
National Land Code
Modification
Laws of Malaysia 952
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 5De
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 953
[Bar Code]
National Land Code
Form 5De
(Sixteenth Schedule)
Title No.
Annual Rent: RM
State
:
District
:
Town/Village/Mukim
:
Locality
:
Lot No.
:
Area of Lot
:
Category of Land Use :
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. ………….………………..……………..……….…………………………
Gazette Notification No. ………………...…… dated ………………………………
The land described above is held in perpetuity by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on ..…………
**[Digital Signature]
The plan of the land, for the purposes of identification, is in Form B1e.
621
Laws of Malaysia 954
Act 828
(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified):……………………………………….………
No. of immediately preceding title (if different from above):………………………...
[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
622
National Land Code 955
Provisions of the
National Land Code
Modification
Laws of Malaysia 956
Act 828
Provisions of the
National Land Code
Modification
Sixteenth
Schedule
–
Form 5Ee
In its application to the Federal Territory of Labuan, this Form is deleted.
National Land Code
National Land Code 957
[Bar Code]
National Land Code
Form 5Ee
(Sixteenth Schedule)
Title No.
Annual Rent: RM
Term of ……………… years expiring on ……………….
State
:
District
:
Town/Village/Mukim
:
Locality
:
Lot No.
:
Area of Lot
:
Category of Land Use :
Standard Sheet No.
:
Certified Plan No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. …….....………………………..…...……………………………………....
Gazette Notification No. …………………………. dated …………………………..
The land described above is held for the above term of years by the proprietor for the time being named in the record of proprietorship below, subject to the provisions of the National Land Code, to the category specified above and to the express conditions and restrictions in interest specified below, in consideration of the due payment of the annual rent.
By command of the State Authority
Registered on …………….
**[Digital Signature]
The plan of the land, for the purposes of identification, is in Form B1e.
623
Laws of Malaysia 958
Act 828
(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified): ………………………………………………
No. of immediately preceding title (if different from above): …………………….......
**[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
624
National Land Code 959
Provisions of the
National Land Code
Modification
Laws of Malaysia 960
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 11Ae
In its application to the Federal Territory of Labuan—
(a)
substitute for the words “Town/Village/Mukim”
the words “Town/Country”;
(b)
delete the words “Malay Reservation/”.
National Land Code
National Land Code 961
[Bar Code]
National Land Code
Form 11Ae
(Sixteenth Schedule)
QUALIFIED TITLE CORRESPONDING TO REGISTRY TITLE
Q.T.(R) No.:
Annual Rent: RM
State
:
District
:
Town/Village/Mukim
:
:
††Provisional Area
:
†††Category of Land Use
:
Standard Sheet No.
:
†††Requisition for Survery No.
:
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. …………………………………..…….……………………...…………....
Gazette Notification No. …………………………. dated …………………………..
*Grant in perpetuity/Lease for a term of…………expiring on ……………..……….
Registered on ……………………
**[Digital Signature]
Issue document of title issued on …….
**[Digital Signature]
The †plan of the †land, for the purpose of identification, is in Form B2e.
625
Laws of Malaysia 962
Act 828
SPECIAL CONDITIONS OF QUALIFIED TITLE
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
2. In the †plan of the †land in Form B2e, the boundaries shown in red, not having been established by survey, are provisional only.
(To be completed when the title is issued in continuation)
Date of first alienation:…………………………………………….………………….
No. of original title (final or qualified):……………………………….………………
No. of immediately preceding title (if different from above):………………………...
[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
___________________________________________________________________
†
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional
Area” the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively
†††
In respect of underground land, substitute for the words “Category of Land Use” and
“Requisition for Survey No.” the words “Category of Underground Land Use” and “Requisition for Stratum Survey No.” respectively—see P.U. (A) 204/1997.
626
National Land Code 963
Provisions of the
National Land Code
Modification
Laws of Malaysia 964
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 11Be
In its application to the Federal Territory of Labuan—
(a)
delete the words “Mukim:…………”;
(b)
delete the words “Malay Reservation/”.
National Land Code
National Land Code 965
[Bar Code]
National Land Code
Form 11Be
(Sixteenth Schedule)
QUALIFIED TITLE CORRESPONDING TO LAND OFFICE TITLE
Q.T.(M) No.:
Annual Rent: RM
State
:
District
:
Town/Village/Mukim
:
Locality
:
:
††Provisional Area
:
†††Category of Land Use
:
Standard Sheet No.
:
†††Requisition for Survey No. :
File No.
:
*Within Malay Reservation/Aboriginal Area/Aboriginal Reserve/Group Settlement
Area, etc. ………..………………………………...….……………………………....
Gazette Notification No. …………………………. dated …………………………..
*Grant in perpetuity/Lease for a term of………...…… expiring on ………………….
Registered on …………………………
**[Digital Signature]
Issue document of title issued on ………
**[Digital Signature]
The †plan of the †land, for the purpose of identification, is in Form B2e.
627
Laws of Malaysia 966
Act 828
SPECIAL CONDITIONS OF QUALIFIED TITLE
1. This title is subject to the provisions of the National Land Code and to the following express conditions and restrictions:
2. In the †plan of the †land in Form B2e, the boundaries shown in red, not having been established by survey, are provisional only.
(To be completed when the title is issued in continuation)
Date of first alienation: ……………………………………………………………….
No. of original title (final or qualified): ………………………………………………
No. of immediately preceding title (if different from above): …………………….......
[Digital Signature]
*Enter as appropriate
**Enter “sgd” instead for issuance of subsequent title version or upon conversion not amounting to title in continuation
Title ID
:
Date
:
Version No. :
Page
:
†
In respect of underground land, insert before the words “land” and “plan” wherever appearing the words “underground” and “stratum” respectively—see P.U. (A) 204/1997.
††
In respect of underground land, substitute for the words “L.O. No.” and “Provisional
Area” the words “Stratum L.O. No.” and “Volume of Provisional Stratum Lot” respectively
†††
In respect of underground land, substitute for the words “Category of Land Use” and
“Requisition for Survey No.” the words “Category of Underground Land Use” and “Requisition for Stratum Survey No.” respectively—see P.U. (A) 204/1997.
628
National Land Code 967
[Bar Code]
National Land Code
Form 4Ae
(Sixteenth Schedule)
(General Form)
T.O.L. No.
A
District
Purpose of Occupation
**CULTIVATION/PRIVATE RESIDENCE/
PUBLIC PERFORMANCE.
Fee
Receipt No. …………………. for period expiring on 31 December …………….
Application ID No.: ………………………………………………………………
Name of Licensee: …………………………………...………………………………
Address: ……………………………………………………………………………...
NRIC/Registration No.: ...………………………..……………….………………….
is hereby licensed to occupy the land described below, for the purpose, and the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions prescribed by Rules.
Issued on ……………
[Digital Signature]
629
Laws of Malaysia 968
Act 828
Town/Village/Mukim:
……..…………………..
State Land (Lot/L.O. No. if any)/Reserved Land
(G.N. No.)/Mining Land (Mining Lease or
Certificate No.):
……..…………………..
Locality:
……..…………………..
Area of Land to be occupied:
……..…………………..
The plan of the land, for the purpose of identification, is issued separately in Form L1e.
*RECORD OF RENEWALS
*FIRST RENEWAL:
Fee
Receipt No. ………….…………… for period expiring on 31 December ….
*SECOND RENEWAL:
Fee
Receipt No. ………………..……… for period expiring on 31 December …
*THIRD RENEWAL:
Fee
Receipt No. ……………………… for period expiring on 31 December ……
(1)
This licence shall commence on ……………. and expire on *31 December/
…………………………………………………………………………………..……
(2)
This licence *is not capable/is capable under Rule ……………of assignment.
(3)
This licence shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(4)
The land under licence may not be used—
(a)
for any purpose other than that stated above;
(b)
for the planting of permanent crops;
(c)
for the erection of any permanent building or other permanent structure.
630
National Land Code 969
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 4Ae
In its application to the Federal Territory of Labuan, under the heading of DESCRIPTION OF LAND, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 970
Act 828
(5)
This licence may be cancelled—
(a)
immediately, and without payment of compensation, upon the occurrence of a breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
……………………………………………………………………………
……………………………………………………………………………
………………………………………………………………………...….
(Insert any additional provisions)
*Enter as appropriate
**Enter the purpose as approved
[Bar Code]
National Land Code
Form 4Be
(Sixteenth Schedule)
(Special Form)
T.O.L. No.
B
District
Purpose of Occupation
EXTRACTION, PROCESSING
AND REMOVAL OF ROCK
MATERIAL, VIZ.
…………….….………...……….
Occupation Fee
Application ID No.: ….……………………………………………………………
Name of Licensee: ……………………………………...……………………………
Address: ……………………………………………………………………………...
631
National Land Code 971
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 4Be
In its application to the Federal Territory of Labuan, under the heading of DESCRIPTION OF LAND, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 972
Act 828
NRIC/Registration No.: ………………………..………………...…..………………
is hereby licensed to occupy the land described below, for the purpose, and the fee, specified above.
Occupation will be subject to the provisions scheduled below and to any other provisions prescribed by Rules.
Issued on ……………
[Digital Signature]
Town/Village/Mukim:
…………………………….
State Land (Lot/L.O. No. if any)/Reserved Land (G.N.
No.)/Mining Land (Mining Lease or Certificate No.):
…………………………….
Locality:
…………………………….
Area of Land to be occupied:
…………………………….
The plan of the land, for the purpose of identification, is issued separately in Form L2e.
(1)
This licence is for a term of ……………….. expiring ………………
(2)
The maximum quantity of rock material which may be extracted shall be—
(i)
…………………. per annum; or
(ii)
…………………. in all, over the whole period.
(3)
In addition to the occupation fee, if any, stated above a fee shall be payable at the rate of RM …………….. per ……………….. (unit quantity of the rock material).
(4)
This licence *is not capable/is capable under Rule …………… of assignment.
(5)
This licence shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(6)
The land may not be used for any other purpose other than the extraction, processing or removal of the type of rock material specified above.
(7)
The licensee may erect and use on the land such kilns, workshops and storerooms as are specified below—
………………………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
632
National Land Code 973
(8)
This licence may be cancelled—
(a)
immediately, and without payment of compensation, upon the occurrence of a breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
……………………………………………………………………………
……………………………………………………………………………
………………………………………………………………………...….
(Insert any additional provisions)
*Enter as appropriate
[Bar Code]
National Land Code
Form 4Ce
(Sixteenth Schedule)
PERMIT TO REMOVE ROCK MATERIAL
Permit No.
C
District
Fee
Receipt No.
Application ID No. :………………………………………………..……………..
Name of Permit Holder: ……………………………………...………………………
Address: ……………………………………………………………………………...
NRIC/Registration No.: ………….…...…………………………...………...……….
is hereby permitted to enter on, and extract and remove rock material from, the land described below, subject to the provisions as scheduled and to any other provisions prescribed by Rules.
Issued on ……………
[Digital Signature]
633
Laws of Malaysia 974
Act 828
Town/Village/Mukim:
…………………………….
State Land (Lot/L.O. No. if any)/Reserved Land
(G.N. No.)/Mining Land (Mining Lease or Certificate No.)/
Alienated Land (Title No.):
…………………………….
Locality:
…………………………….
Area of Land:
…………………………….
The plan of the land, for the purpose of identification, is issued separately in Form P1e.
(1)
This permit shall commence on ………………………………….. and expire on
*31 December/…………………………………………………………………..……
(2)
No rock material may be extracted or removed other than ……………………
(3)
The maximum quantity of such material which may be extracted shall be
………………………………………………………………………………………
(4)
A fee shall be payable at the rate of ………………………………………
ringgit per …………………….. (unit quantity of the rock material).
(5)
This permit *is not capable/is capable under Rule ………..……. of assignment.
(6)
The permit shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
(7)
The land may not be used for any other purpose other than the extraction and removal of rock material specified above.
(8)
This permit may be cancelled—
(a)
immediately, and without payment of compensation, upon the occurrence of a breach of any provision to which it is subject;
(b)
upon payment of compensation (to be agreed or determined in accordance with section 434 of the National Land Code) at any time before the date of expiry.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
(Insert any additional provisions)
*Enter as appropriate 634
National Land Code 975
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 4Ce
In its application to the Federal Territory of Labuan, under the heading of DESCRIPTION OF LAND, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 976
Act 828
[Bar Code]
National Land Code
Form 4De
(Sixteenth Schedule)
PERMIT FOR THE USE OF AIR SPACE ABOVE
Permit No.
D
District
Fee
Receipt No.
Application ID No.:…………………………..…………….…….………………..
Name of Permit Holder: …………………………………….……..…………………
Address: ……………………………………………………………………………...
NRIC/Registration No.: ...…………………...…………………………………….…
is hereby permitted to use the air space above the land described below for the purpose of erecting, maintaining and occupying such structure/structures as may be approved by the State Authority, subject to the conditions specified below and to any other provisions prescribed by Rules.
Issued on ……………
[Digital Signature]
Town/Village/Mukim:
……………………………..
State Land (Lot/L.O. No. if any)/Reserved Land
(G.N. No.):
……………………..………
Locality:
…………………………..…
Area of Land:
…………………………..…
The plan of the land, for the purpose of identification, is issued separately in Form P2e.
635
National Land Code 977
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form 4De
In its application to the Federal Territory of Labuan, under the heading of DESCRIPTION OF LAND, substitute for the words “Town/Village/Mukim”
the words “Town/Country”.
Laws of Malaysia 978
Act 828
(1)
This permit shall commence on ……………………………...….. and expire on ………………………………………………………..…………………………
(2)
The air space over the *State land/reserved land shall not be used for any purpose other than for the erection, maintenance and occupation of the structure/structures described below for which the permit is issued—
*Type of structure/structures …………..………………………………………..
Location ………………………………..………………………………………..
Area of air space affected (volume) …….………………………………………..
(attach a certified true copy of the approved building plan)
(3)
This permit may be cancelled under section 75g of the National Land
Code.
(4)
This permit shall not be capable of assignment, except with the prior consent of the State Authority.
………………………………………………………………………………….
………………………………………………………………………………….
…………………………………………………………………………..…......
(Insert any additional provisions)
*Enter as appropriate 636
National Land Code 979
[Bar Code]
National Land Code
Form 4Ee
(Sixteenth Schedule)
LEASE OF †RESERVED LAND
Lease No.:
E
District:
Annual Rent:
Payment due date:
††††Approved area:
*Whole/Part of the †††land approximately………...…
G.N. No.:
Town/Village/Mukim:
Locality:
Lot/Gazette Plan No.:
Area of ††Reserved Land:
Application ID No.:
Term of ……………….years expiring on……………
The †††land described above and shown in the †††plan, is leased for the above term to the person named herein:
Name: ……………………………………….………………………..………………
Address: ……………………………………………………………………………...
NRIC/Registration No.: ………….…….…………………………………………….
subject to the conditions below and to any other provisions prescribed by
Rules, in consideration of the due payment of the rent to be paid each year.
By command of the State Authority
Granted on……………
[Digital Signature]
The †††plan of the †††land, for the purpose of identification, is issued separately in Form P3e.
637
Laws of Malaysia 980
Act 828
CONDITIONS
1. This lease shall terminate in the event of the death of the person, or dissolution of the body, for the time being entitled to its benefit.
2. This lease may be terminated by the State Authority immediately upon, or at any time after, the occurrence of a breach of any rule, term or condition, to which it is subject without payment of compensation.
3. This lease may be terminated by the State Authority at its discretion at any time before the date of expiry of the lease notwithstanding that it has not become liable to termination for breach of any rule, term or condition, upon payment of such compensation as may be agreed or determined in accordance with section 434 of the National Land Code.
………………………………………………………………………………………
………………………………………………………………………………………
……………………………………………………………………………………….
(Insert any additional provisions)
*Enter as appropriate
Lease ID
:
Date
:
Version No. :
Page
:
†
In respect of underground land, insert before the words “RESERVED LAND” the word
“UNDERGROUND”—see P.U. (A) 220/2014.
††
In respect of underground land, insert before the words “Reserved Land” the word
“Underground”—see P.U. (A) 220/2014.
†††
In respect of underground land, insert before the words “land” and “plan” the words
“underground” and “stratum” respectively—see P.U. (A) 220/2014.
†††† In respect of underground land, substitute for the words “Approved area” the words “Approved volume of stratum”—see P.U. (A) 220/2014.
638
National Land Code 981
Provisions of the
National Land Code
Modification
Laws of Malaysia 982
Act 828
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Forms L1e and L2e
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
National Land Code
National Land Code 983
National Land Code
Form L1e
(Sixteenth Schedule)
PLAN OF TEMPORARY OCCUPATION LICENCE
I certify that the plan below is a true copy of the plan of the affected land for a temporary occupation licence. The particulars of this licence are as follows:
Licence No.:
.…………….………………………
District:
………………………………..……
Town/Village/Mukim :
…………….……………………….
State Land (Lot/L.O. No. if any)/
Reserved Land (G.N. No.)/Mining
Land (Lease or Mining Certificate No.): ……………………………………..
Locality:
……………………………………..
Area of Land to be occupied:
…………….……………………….
Plan
Issued on ……………
[Digital Signature]
*Enter as appropriate
National Land Code
Form L2e
(Sixteenth Schedule)
PLAN OF A COMBINED TEMPORARY OCCUPATION LICENCE
AND PERMIT FOR EXTRACTION, PROCESSING AND REMOVAL OF
ROCK MATERIAL
I certify that the plan below is a true copy of the plan of the affected land for a temporary occupation licence combine with the permit to extract, process and remove rock material therefrom. The particulars of this licence are as follows:
Licence No.:
………………..……………..
District:
…..………………..…………
Town/Village/Mukim :
..……………………………..
639
Laws of Malaysia 984
Act 828
State Land (Lot/L.O. No. if any)/
Reserved Land (G.N. No.)/Mining
Land (Lease or Mining Certificate No.): ..…………………..…………
Locality:
…..…………………………..
Area of Land to be occupied:
……..………………………..
Plan
Issued on ……………
[Digital Signature]
*Enter as appropriate
National Land Code
Form P1e
(Sixteenth Schedule)
PLAN OF PERMIT TO REMOVE ROCK MATERIAL
I certify that the plan below is a true copy of the plan of the affected land for a permit to remove rock material. The particulars of this permit are as follows:
Permit No.:
………………..……………..
District:
…..………………..…………
Town/Village/Mukim :
..……………………………..
State Land (Lot/L.O. No. if any)/
Reserved Land (G.N. No.)/Mining
Land (Lease or Mining Certificate No.):
..…………………..…………
Locality:
…..…………………………..
Area of Land:
……..………………………..
640
National Land Code 985
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form P1e
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 986
Act 828
Plan
Issued on ……………
[Digital Signature]
*Enter as appropriate
National Land Code
Form P2e
(Sixteenth Schedule)
PLAN OF PERMIT FOR THE USE OF AIR SPACE ABOVE
I certify that the plan below is a true copy of the plan of a permit for the use of air space above State land/reserved land. The particulars of this permit are as follows:
Permit No.:
………………..……………..
District:
…..………………..…………
Town/Village/Mukim :
..……………………………..
State Land (Lot/L.O. No. if any)/
Reserved Land (G.N. No.)
..…………………..…………
Locality:
…..…………………………..
Area of Land:
……..………………………..
Plan
Issued on ……………
[Digital Signature]
*Enter as appropriate 641
National Land Code 987
Provisions of the
National Land Code
Modification
Sixteenth Schedule –
Form P2e
In its application to the Federal Territory of Labuan, substitute for the words “Town/Village/Mukim” the words “Town/Country”.
Laws of Malaysia 988
Act 828
[Bar Code]
National Land Code
Form P3e
(Sixteenth Schedule)
†PLAN OF LEASE OF †RESERVED LAND
I certify that the ††plan below is a true copy of the ††plan of the affected ††land for a lease of ††††reserved land. The particulars of this lease are as follows:
Lease No.:
………………..……………..
District:
…..………………..…………
Town/Village/Mukim :
..……………………………..
Locality:
…..…………………………..
G.N. No. :
…..…………………………..
Lot/Gazette †††Plan No.:
………………………………
†††††Area of Land Approved:
……..………………………..
Plan
Issued on ……………
[Digital Signature]
*Enter as appropriate
†
In respect of underground land, insert before the words “PLAN” and “RESERVED PLAN”
the words “STRATUM” and “UNDERGROUND” respectively—see P.U. (A) 220/2014.
††
In respect of underground land, insert before the words “plan” and “land” wherever appearing the words “stratum” and “underground” respectively—see P.U. (A) 220/2014.
†††
In respect of underground land, insert before the word “Plan” the word “Stratum”
—see P.U. (A) 220/2014.
†††† In respect of underground land, insert before the words “reserved land” the word “underground”
—see P.U. (A) 220/2014.
††††† In respect of underground land, substitute for the words “Area of Land Approved” the words
“Volume of Stratum Approved”—see P.U. (A) 220/2014.
642
National Land Code 643
Act 828
(Revised—2020)
Particulars under paragraph 7(ii) and (iii) of the Revision of
Laws Act 1968 [Act 1]
LIST OF AMENDMENTS
Amending law
Short Title
In force from
P.U. 91/1967
National Land Code (Malacca)
Order 1967 01-01-1967
P.U. 184/1968
National Land Code (Amendment of First and Tenth Schedules)
Order 1968 03-05-1968
P.U. 500/1968
National Land Code (Penang and
Malacca) Order 1968 01-01-1966
Act A26
National Land Code (Amendment)
Act 1969 01-05-1969
Essential (National Land Code)
Regulations 1969 22-10-1969
P.U. (A) 532/1969
Essential (National Land Code)
(No. 2) Regulations 1969 31-12-1969
P.U. (A) 36/1969
Essential (National Land Code)
(No. 2) Regulations 1969 -
Corrigendum
P.U. (A) 73/1971
Emergency (Essential Powers)
Ordinance No. 88, 1971 21-10-1969:
First Schedule,
30-12-1969:
Second Schedule
National Land Code (Amendment)
Act1972 21-10-1969:
First Schedule,
30-12-1969:
Second Schedule
Laws of Malaysia 644
Act 828
Amending law
Short Title
In force from
P.U. (A) 231/1973
National Land Code (Amendment of Fifth Schedule) Order 1973 31-08-1973
P.U. (A) 56/1974
Federal Territory (Modification of
National Land Code) Order 1974 01-02-1974
National Land Code (Amendment)
Act 1974 16-08-1974
P.U. (A) 183/1975
Federal Territory (Modification of
National Land Code) (Amendment)
Order 1975 01-02-1974
Act A322
National Land Code (Amendment)
Act 1975 01-01-1977
P.U. (A) 267/1975
National Land Code (Amendment of First Schedule) Order 1975 15-12-1975
Act 160
Malaysian Currency (Ringgit)
Act 1975 29-08-1975
P.U. (A) 222/1976
National Land Code (Amendment)
of Fifth Schedule) Order 1976 15-02-1972
National Land Code (Amendment)
Act 1977 18-03-1977
P.U. (A) 126/1978
National Land Code (Amendment)
of Fifth Schedule) Order 1978 28-04-1978
Act A444
National Land Code (Amendment)
Act 1979 16-02-1979
National Land Code (Amendment)
Act 1981 29-05-1981
Act A542
National Land Code (Amendment)
Act 1982 14-05-1982
P.U. (A) 59/1982
National Land Code (Amendment of Fifth Schedule) Order 1982 05-03-1982
P.U. (A) 534/1983
Federal Territory (Modification of
National Land Code) (Amendment)
Order 1983 29-04-1982:
subparagraph 2(a),
01-02-1974:
subparagraph 2(b)
P.U. (A) 535/1983
Federal Territory (Modification of
National Land Code) (Amendment)
(No. 2) Order 1983 01-02-1974
Act A587
National Land Code (Amendment)
Act 1984 25-03-1985
Act A615
National Land Code (Amendment)
Act 1985 01-06-1985
National Land Code 645
Amending law
Short Title
In force from
Act 318
Strata Title Act 1985 01-06-1985
Act A624
National Land Code (Amendment)
(No.2) Act 1985 13-09-1985:
Peninsular
Malaysia,
25-03-1985:
Federal Territory of
Kuala Lumpur
Act A658
National Land Code (Amendment)
Act 1986 01-01-1987
Act A752
National Land Code (Amendment)
Act 1990 23-02-1990
National Land Code (Amendment)
Act 1992 01-01-1993
P.U. (A) 92/1995
National Land Code (Amendment)
of the Fourteenth Schedule) Order 1995 01-04-1995
Act A941
National Land Code (Amendment)
Act 1996 16-02-1996
P.U.(A) 204/1997
National Land Code (Modification)
Order 1997 09-05-1997
P.U. (A) 318/1997
National Land Code (Amendment of Fifth Schedule) Order 1997 22-08-1997
Act A1034
National Land Code (Amendment)
Act 1998 11-09-1998
P.U. (A) 437/2000
National Land Code (Amendment of the Fifteenth Schedule) Order 2000 11-09-1998
P.U.(A) 213/2001
Federal Territory of Putrajaya
(Modification of National Land
Code) Order 2001 01-02-2001
Act A1104
National Land Code (Amendment)
Act 2001 01-12-2001:
except section 7
and 41,
01-03-1998:
sections 7 and 41,
P.U.(A) 164/2002
Federal Territory of Putrajaya
(Modification of National Land
Code) Order 2001 - Corrigendum
P.U.(A) 180/2002
Federal Territory of Putrajaya
(Modification of National Land
Code ) (Amendment) Order 2002 24-08-2001:
except paragraph 2(h),
01-2-2001:
paragraph 2(h)
Laws of Malaysia 646
Act 828
Amending law
Short Title
In force from
Federal Territory (Modification of
National Land Code) (Amendment)
Order 2002 27-12-2002
P.U. (A) 278/2003
Federal Territory of Putrajaya
(Modification of National Land
Code) (Amendment) Order 2002
– Corrigendum
Act 625
National Land Code (Validation)
Act 2003 30-05-2003
P.U.(A) 220/2004
Federal Territory (Modification of
National Land Code ) (Amendment)
Order 2004 02-07-2004
Act A1333
National Land Code (Amendment)
Act 2008 01-01-2009:
except sections 10
and 21,
25-03-1985:
sec. 10,
01-12-2001:
sec. 21
P.U. (A) 454/2009
Federal Territory of Labuan
(Extension and Modification of
National Land Code) Order 2009 01-01-2010
P.U. (A) 226/2013
Federal Territory of Putrajaya
(Modification of National Land
Code) (Amendment) Order 2013 15-07-2013
Federal Territory of Labuan
(Extension and Modification of
National Land Code) (Amendment)
Order 2013 15-07-2013
Federal Territory (Modification of
National Land Code) (Amendment)
Order 2013 15-07-2013
P.U. (A) 220/2014
National Land Code (Modification)
Order 2014 11-08-2014
P.U. (A) 221/2014
National Land Code (Modification)
(Amendment)
Order 2014 11-08-2014
Act A1516
National Land Code (Amendment)
2016 01-01-2017:
except sections 34,
35, 45, 48, 49 56
and 76,
21-07-2017:
sections 34 and 76,
30-08-2017:
sections 35, 45, 48,
49 and 56
National Land Code 647
Amending law
Short Title
In force from
P.U. (A) 375/2016
National Land Code (Amendment of First and Tenth Schedules)
Order 2016 01-01-2017
P.U. (A) 172/2017
National Land Code (Amendment of Sixteenth Schedule) Order 2017 16-06-2017: except subsubpara 2(c)(vii)
and subpara 2(f),
01-01-2009:
subsubpara 2(c)(vii)
and subpara 2(f)
P.U. (A) 201/2017
National Land Code (Amendment of First Schedule) Order 2017 21-07-2017
P.U. (A) 247/2017
National Land Code (Amendment of First and Fifth Schedules)
Order 2017 30-08-2017
P.U. (A) 379/2017
National Land Code (Modification)
1997 (Amendment) Order 2017 08-12-2017
P.U. (A) 380/2017
National Land Code (Modification)
2014 (Amendment) Order 2017 08-12-2017
P.U. (A) 303/2020
Federal Territory of Putrajaya
(Modification of National Land
Code) Order 2001—Corrigendum
P.U. (A) 304/2020
Federal Territory of Labuan
(Extension and Modification of
National Land Code) Order 2009
—Corrigendum
LIST OF LAWS OR PARTS THEREOF SUPERSEDED
Act of Parliament No. 56 of 1965
Title
National Land Code
Laws of Malaysia 648
Act 828
Act 828
(Revised—2020)
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
Long title
Preamble
Act A1104 01-12-2001 4
Act A832 01-01-1993 5
Act 318 01-06-1985
Act A1516 01-01-2017 5a
Act A832 01-01-1993 5b
Act A1333 01-01-2009 5c
Act A1034 11-09-1998 5d
Act A1516 01-01-2017 6
National Land Code 649
Section
Amending authority
In force from 8
Act A832 01-01-1993 11
Act A587 25-03-1985 12
Act A832 01-01-1993 13
Act A832 01-01-1993 14
Act A1516 01-01-2017 15
Act A1104 01-03-1998
Act A1516 01-01-2017 16
Act A1516 01-01-2017 17
Act A587 25-03-1985 32
Act A832 01-01-1993 35
Act A832 01-01-1993 42
Act A1516 01-01-2017 43
Act A1516 01-01-2017 46
Act A832 01-01-1993 46a
Act A1516 01-01-2017 52
Act A615 01-06-1985 53
Laws of Malaysia 650
Act 828
Section
Amending authority
In force from 54
Act A587 25-03-1985 55
Act A587 25-03-1985 56
Act A615 01-06-1985 61a
Act A832 01-01-1993 62
Act A1333 01-01-2009 63
Act A587 25-03-1985 66
Act A1516 01-01-2017 67
Act A264 16-08-1974 68
Act A832 01-01-1993 68a
Act A1516 01-01-2017 70
Act A587 25-03-1985 71
Act A1516 01-01-2017 72
Act A587 25-03-1985 73
Act A832 01-01-1993 74
Act A587 25-03-1985 75
Act A587 25-03-1985 75a
Act A587 25-03-1985 75b
Act A587 25-03-1985 75c
Act A1516 01-01-2017 75d
National Land Code 651
Section
Amending authority
In force from 75e
Act A587 25-03-1985 75f
Act A587 25-03-1985 75g
Act A587 25-03-1985 76
Act A832 01-01-1993 77
Act A587 25-03-1985 77a
Act A615 01-06-1985 79
Act A1104 01-12-2001 80
Act A1516 01-01-2017 81
Act A1333 01-01-2009 87
Act A587 25-03-1985 90a
Act A1516 01-01-2017 92
Act A587 25-03-1985 92a
Act A752 23-02-1990 92b
Act A752 23-02-1990 92c
Act A1516 01-01-2017 92d
Act A1516 01-01-2017 92e
Laws of Malaysia 652
Act 828
Section
Amending authority
In force from 92f
Act A752 23-02-1990 92g
Act A752 23-02-1990 92h
Act A752 23-02-1990 92i
Act A752 23-02-1990 95
Act A1516 01-01-2017 96
Act A832 01-01-1993 96a
Act A1516 01-01-2017 98
Act A587 25-03-1985 101
Act A542 14-05-1982
Act A1516 01-01-2017 102
P.U. (A) 532/1969
P.U. (A) 73/1971 30-12-1969 31-12-1969 30-12-1969
Act A587 25-03-1985 109
Act A587 25-03-1985 112
Act A587 25-03-1985 115
Act A832 01-01-1993 116
Act A615 01-06-1985 116a
Act A615 01-06-1985 117
Act A832 01-01-1993 119
National Land Code 653
Section
Amending authority
In force from 120
Act A587 25-03-1985 122
Act A1516 01-01-2017 124
Act A1333 23-05-1985
Act A1516 01-01-2017 124a
Act A1104 01-12-2001 127
Act A587 25-03-1985 129
Act A832 01-01-1993 135
Act A1104 01-12-2001 136
Act A1333 01-01-2009 137
Act A1104 01-12-2001 138
Act A615 01-06-1985 140
Act A1333 01-01-2009 141
Act A1333 01-01-2009 141a
Act A1333 01-01-2009 142
Laws of Malaysia 654
Act 828
Section
Amending authority
In force from 143
Act A615 01-06-1985 143a
Act A1333 01-01-2009 146
Act A1104 01-12-2001 147
Act A1333 01-01-2009 149
Act A615 01-06-1985 151
Act A444
Act A587 16-02-1979 25-03-1985
Act A518 29-05-1981
Act 318 01-06-1985 151a
Act 318 29-05-1981 01-06-1985 152
Act 318 01-06-1985 153
Act 318 01-06-1985 153a
Act 318 29-05-1981 01-06-1985 154
Act 318 01-06-1985 155
Act 318 01-06-1985 156
Act 318 01-06-1985 156a
Act 318 29-05-1981 01-06-1985 157
Act 318 01-06-1985 157a
Act A615 01-06-1985 157b
National Land Code 655
Section
Amending authority
In force from
Heading of Chapter 1
of Part Ten
Act 318 01-06-1985 158
Act A587 16-08-1974 25-03-1985 159
Act A587 25-03-1985 160
Act A587 25-03-1985 160a
Act A587 25-03-1985 160b
Act A1516 01-01-2017 160c
Act A1516 01-01-2017 161
Act 318 01-06-1985 162
Act 318 01-06-1985 163
Act 318 01-06-1985 164
Act A587 25-03-1985 165
Act 318 01-06-1985
Act A752 23-02-1990 166
Act A1516 01-01-2017 170
Act A1516 01-01-2017 171
Act A615 01-06-1985 173
Act A587 25-03-1985 175a
Act A264 16-08-1974 175b
Laws of Malaysia 656
Act 828
Section
Amending authority
In force from 175c
Act A832 01-01-1993 175d
Act A264 16-08-1974 175e
Act A264 16-08-1974 175f
Act A1516 01-01-2017 176
Act A587 25-03-1985 177
Act A615 01-06-1985 180
Act A615 01-06-1985 181
Heading of Chapter 3
of Part Eleven
Act A1104 01-12-2001 183
Act A832 01-01-1993 183a
Act A1516 01-01-2017 184a
Act A1516 01-01-2017 185a
Act A1516 01-01-2017 186
Act A587 25-03-1985 187
Act A587 25-03-1985 187a
Act A264 16-08-1974 187aa
National Land Code 657
Section
Amending authority
In force from 187b
Act A587 16-08-1974 25-03-1985 195
Act A832 01-01-1993 196
Act A832 01-01-1993 197
Act A1104 01-12-2001 199
Act A1516 01-01-2017 210
Act A832 01-01-1993 203
Act A587 25-03-1985 204a
Act A587 25-03-1985 204b
Act A1516 01-01-2017 204c
Act A832 01-01-1993 204d
Act A1516 01-01-2017 204e
Act A1516 21-07-2017 204f
Act A587 25-03-1985 204g
Act A1516 30-08-2017 204ga
Act A1516 01-01-2017 204h
Laws of Malaysia 658
Act 828
Section
Amending authority
In force from 205
Act A832 01-01-1993 208
Act A587 25-03-1985 211
Act A1516 01-01-2017 214a
Act A26 01-05-1969
P.U. (A) 73/1971 21-10-1969 22-10-1969 21-10-1969
Act A1516 01-01-2017 217
Act A832 01-01-1993 228a
Act A587 25-03-1985 241
Act A1516 01-01-2017 249
Act A832 01-01-1993 253
Act A1104 01-12-2001 254
Heading before section 256
Act 318
Act A752 01-06-1985 23-02-1990 256
Act 318 01-06-1985
Act A752 23-02-1990 257
Act A1104 01-12-2001 258
Act A587 25-03-1985 259
Heading before section 260
National Land Code 659
Section
Amending authority
In force from 260
Act 318 01-06-1985
Act A752 23-02-1990 262
Act A1104 01-12-2001 263
Act A1104 01-12-2001 264a
Act A1333 01-01-2009 265
Act A1104 01-12-2001 266a
Act A1104 01-12-2001 267a
Act A1104 01-12-2001 268
Act A832 01-01-1993 268a
Act A1104 01-12-2001 269
Act A1104 01-12-2001 270
Act A587 25-03-1985 279
Act A587 25-03-1985 281
Act A1516 01-01-2017 292a
Act A1516 01-01-2017 294
Act A1516 01-01-2017 301
Act A1104 01-12-2001 301a
Act A941 16-02-1996 305
Act A1516 01-01-2017 306
Act A587 25-03-1985 320
Laws of Malaysia 660
Act 828
Section
Amending authority
In force from 321
Act A1104 01-12-2001 322
Act A1104 01-12-2001 323
Act A1516 30-08-2017 324
Act A1516 01-01-2017 325
Act A1516 01-01-2017 326
Act A1516 30-08-2017 327
Act A615 01-06-1985 328
Act A832 01-01-1993 329
Act A587 25-03-1985 330
Act A1516 30-08-2017 333
Act A1516 01-01-2017 343
Act A587 25-03-1985 344
Act A1516 01-01-2017 351
Act A1516 01-01-2017 355
Act 318 01-06-1985 356
Act 318 01-06-1985
National Land Code 661
Section
Amending authority
In force from 357
Act 318 01-06-1985 358
Act 318 01-06-1985 359
Act 318 01-06-1985 360
Act 318 01-06-1985 361
Act 318 01-06-1985 362
Act 318 01-06-1985 362a
Act 318 18-03-1977 01-06-1985 363
Act 318 01-06-1985 364
Act 318 01-06-1985 365
Act 318 01-06-1985 366
Act 318 01-06-1985 367
Act 318 01-06-1985 367a
Act 318 18-03-1977 01-06-1985 368
Act 318 01-06-1985 369
Act 318 01-06-1985 370
Act 318 01-06-1985 371
Act 318 01-06-1985 372
Act 318 01-06-1985 373
Act 318 01-06-1985 374
Act 318 01-06-1985 375
Act A1333 01-12-2001 377
Laws of Malaysia 662
Act 828
Section
Amending authority
In force from 378
Act A1516 01-01-2017 379
Act A587 25-03-1985 380
Act A587 25-03-1985 381a
Act A1104 01-03-1998 382
Act A587 25-03-1985 382a
Act A587 25-03-1985 383
Act A1516 01-01-2017 385
Act A832 01-01-1993 389
Act A587 25-03-1985 390
Act A1516 01-01-2017 393
Act A587 25-03-1985 394
Act A587 25-03-1985 396a
Act A1516 01-01-2017 398
Act A832 01-01-1993 398a
Act A832 01-01-1993 399
Act A1333 01-01-2009 400
Act A1516 01-01-2017 400a
Act A1516 01-01-2017 403
Act A1516 01-01-2017 404
Act A587 25-03-1985 404a
National Land Code 663
Section
Amending authority
In force from 405a
Act A832 01-01-1993 409a
Act A832 01-01-1993 412
Act A1333 01-01-2009 414
Act A832 01-01-1993 415
Act A832 01-01-1993 416
Act A832 01-01-1993 416a
Act A832 01-01-1993 416b
Act A832 01-01-1993 416c
Act A832 01-01-1993 416d
Act A832 01-01-1993 416e
Act A832 01-01-1993 421a
Act A832 01-01-1993 421aa
Act A832 01-01-1993 421ab
Act A832 01-01-1993 421ac
Act A832 01-01-1993 422
Act A1516 01-01-2017 423
Act A1516 01-01-2017 424
Act A1516 01-01-2017 425
Laws of Malaysia 664
Act 828
Section
Amending authority
In force from 425a
Act A1516 01-01-2017 426
Act A1516 01-01-2017 426a
Act A1516 01-01-2017 426b
Act A264 16-08-1974 426c
Act A832 01-01-1993 426d
Act A264 16-08-1974 427
Act A1516 01-01-2017 428
Act A1516 01-01-2017 428a
Act A1516 01-01-2017 428aa
Act A941 16-02-1996 429
Act A587 25-03-1985 429a
Act A1516 01-01-2017 429b
Act A1516 01-01-2017 431a
National Land Code 665
Section
Amending authority
In force from 432
Act A1516 01-01-2017 433
Act A1516 01-01-2017 433a
Act A1516 21-07-2017 433b
Act A624 13-09-1985:
Peninsular
Malaysia,
25-03-1985:
Federal
Territory of
Kuala Lumpur
Act A1516 01-01-2017 433c
Act A832 01-01-1993 433d
Act A832 01-01-1993 433e
Act A1516 01-01-2017 433f
Act A1104 01-12-2001 433g
Laws of Malaysia 666
Act 828
Section
Amending authority
In force from 433h
Act A1516 01-01-2017 434
Act A1516 01-01-2017 436a
Act A1516 01-01-2017 438a
First Schedule
P.U. 184/1968 03-05-1968
Act A26 01-05-1969
P.U. (A) 73/1971
Act A264 21-10-1969 22-10-1969 21-1-1969 16-08-1974
P.U. (A) 267/1975 15-12-1975
Act 318 01-06-1985
P.U. (A) 375/2016 01-01-2017
P.U. (A) 201/2017 21-07-2017
P.U. (A) 247/2017 30-08-2017
Second Schedule
Third Schedule
Fifth Schedule
P.U. (A) 231/1973 31-08-1973
P.U. (A) 222/1976 15-02-1972
P.U. (A) 126/1978 28-04-1978
P.U. (A) 59/1982 05-03-1982
P.U. (A) 318/1997
P.U. (A) 247/2017 22-08-1997 30-08-2017
Seventh Schedule
Act 318 01-06-1985
National Land Code 667
Section
Amending authority
In force from
Seventh Schedule—A
Act 318 18-03-1977 01-06-1985
Seventh Schedule—B
Act 318 18-03-1977 01-06-1985
Eighth Schedule
Act 318 01-06-1985
Ninth Schedule
Act 318 01-06-1985
Tenth Schedule
P.U. 184/1968 03-05-1968
P.U. (A) 375/2016 01-01-2017
Twelfth Schedule
Thirteenth Schedule
Fourteenth Schedule
P.U. (A) 92/1995
Act A1333 01-01-1993 01-04-1995 01-01-2009
Fifteenth Schedule
Act A1034
P.U. (A) 437/2000 11-09-1998 11-09-1998
Sixteenth Schedule
Act A1333
P.U. (A) 172/2017 01-01-2009 16-06-2017:
except subsubpara 2(c)(vii) and subpara 2(f),
01-01-2009:
subsubpara 2(c)(vii) and subpara 2(f)
Throughout the Act
Act A587
Act A1104 25-03-1985 01-01-1993 01-12-2001
Laws of Malaysia 668
Act 828
Act 828
(Revised—2020)
LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF
LAW REVISION UNDER SECTION 6 OF THE REVISION OF
LAWS ACT 1968 [ACT 1]
Provision
Particulars of amendment
Authority for amendment
Table of contents
Altered paragraphs 6(1)(vii)
and (xvi)
Throughout the
Act
1. Words “boundary mark” and
“boundary marks” substituted for “boundary-mark” and
“boundary-marks” respectively paragraph 6(1)(xvi)
2. Word “ETC.” and “etc.”
substituted for “ETC.” and
“etc.” respectively paragraph 6(1)(xxiv)
3. Word “seabed” substituted for
“sea-bed”
Paragraph 6(1)(xvi)
4. Words “dwelling house” and
“dwelling houses” substituted for
“dwelling-house” and “dwelling-houses” respectively paragraph 6(1)(xvi)
5. Words “lienholder”, “lienholder’s”
and “lienholders’ ” substituted for “lien-holder”, “lien-holder’s”
and “lien-holders’ ” respectively paragraph 6(1)(xvi)
6. Word “resurvey” substituted for
“re-survey”
paragraph 6(1)(xvi)
7. Word “revesting” substituted for “re-vesting”
paragraph 6(1)(xvi)
8. Word “subtenancy” substituted for “sub-tenancy”
paragraph 6(1)(xvi)
National Land Code 669
Provision
Particulars of amendment
Authority for amendment
9. Word “sublease” and “subleases”
substituted for “sub-lease” and
“sub-leases” respectively paragraph 6(1)(xvi)
10. Word “repass” substituted for
“re-pass”
paragraph 6(1)(xvi)
11. Words “Director General of
Insolvency” substituted for
“Official Assignee”
paragraph 6(1)(xvii)
12. Words “last known” substituted for “last-known”
paragraph 6(1)(xvi)
13. Words “rock material” substituted for “rock-material”
paragraph 6(1)(xvi)
14. Words “right of way” substituted for “right-of-way”
paragraph 6(1)(xvi)
15. Word “NRIC” substituted for
“N.R.I.C”
paragraph 6(1)(xvi)
16. Words “…………….............…
Land Administrator”
substituted for
“Land Administrator….........”
paragraph 6(1)(xxiv)
17. Words “Dated on …….…….…”
substituted for “Dated this.........
day of .................., 19.....”
paragraph 6(1)(xxiv)
18. Words “Issued on ......…………”
substituted for “Issued this ........
day of ..............., 19........”
paragraph 6(1)(xxiv)
19. Words “Registered on …………”
substituted for “registered this …... day of …....., 19.........”
paragraph 6(1)(xxiv)
20. Words “Dated on …..……....…”
substituted for “Dated this.........
day of ….…., (year)……”
paragraph 6(1)(xxiv)
21. Words “Term of …....................
years expiring on….................”
substituted for “Term of …....
expiring on …….…” and “Term of ……. Years Expiring ……….”
paragraph 6(1)(iii)
22. Word “Schedule” substituted for “schedule”
paragraph 6(1)(xxiv)
23. Word “overleaf” substituted for
“overleaf”
paragraph 6(1)(xxiv)
Laws of Malaysia 670
Act 828
Provision
Particulars of amendment
Authority for amendment
24. Wo r d “ s h o p h o u s e ” a n d shophouses” substituted for
“shop-house” and “shop-houses”
respectively paragraph 6(1)(xvi)
25. Word “NOTE—” inserted at the beginning of footnotes paragraph 6(1)(xxiv)
Long title
1. Words “Negeri Sembilan”
substituted for “Negri Sembilan”
paragraph 6(1)(xxiv)
2. Words “Federal Territories of
Kuala Lumpur, Putrajaya and
Labuan” substituted for “Federal
Territory of Kuala Lumpur”
paragraph 6(1)(x)
Effective date
Words “[Peninsular Malaysia—1
January 1966, L.N. 474/1965;
Federal Territory of Kuala Lumpur—1
February 1974, P.U. (A) 56/1974;
Federal Territory of Putrajaya—1
February 2001, P.U. (A) 213/2001;
Federal Territory of Labuan—1
January 2010, P.U. (A) 454/2009]”
substituted for “[1 January 1966;
L.N. 474/1965]”
paragraph 6(1)(xix)
Preamble
Words “Negeri Sembilan” substituted for “Negri Sembilan”
paragraph 6(1)(xxiv)
Enacting clause
Words “Now, THEREFORE pursuant to Clause (4) of Article 76 of the
Constitution, IT IS ENACTED by the Parliament of Malaysia as follows:” substituted for “Now, therefore, pursuant to the provisions of Clause (4) of Article 76 of the
Constitution BE IT ENACTED by the Duli Yang Maha Mulia Seri
Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and Dewan
Rakyat in Parliament assembled, and by the authority of the same, as follows:”
paragraph 6(1)(iii)
Heading of
Division 1
Words “Division I” substituted for
“Division 1”
paragraph 6(1)(xxiv)
section 2
1. Word “applies” substituted for
“shall apply”
paragraph 6(1)(xxi)
National Land Code 671
Provision
Particulars of amendment
Authority for amendment
2. Words “to Peninsular Malaysia and the Federal Territory of
Labuan” substituted for “in the
States of Malaya”
paragraphs 6(1)(iii),
(x)
and (xviii)
paragraph 4(2)(f)
Word “No.” inserted after the word
“En.”
paragraph 6(1)(xix)
paragraph 4(2)(g) Words “[Act 793]” substituted for
“[Act 528]”
paragraph 6(1)(xix)
paragraph 4(2)(ia) Words “[Perlis En. No. 16 of 1966]”
substituted for [Perlis En. 6 of 1966]
paragraphs 6(1)(xv)
and (xix)
section 5
1. In the definition of “alienate”, words “the provisions of”
omitted paragraph 6(1)(xxi)
2. In the definition of “calendar year”, words “1 January”
substituted for “the first day of January”
paragraph 6(1)(iii)
3. In the definition of “certificate of sale”, word “subsection” before the word “265(4)” omitted paragraph 6(1)(xxi)
4. In the definition of “Director
General of Survey and Mapping”, words “for the time being”
omitted paragraph 6(1)(xxi)
5. In the definition of “district”, words “the provisions of”
omitted paragraph 6(1)(xxi)
6. In the definition of “industrial purposes”, comma omitted paragraph 6(1)(xvi)
7. In the definition of “Minister”, words “for the time being”
omitted paragraph 6(1)(xxi)
8. In the definition of “mukim”, words “the provisions of”
omitted paragraph 6(1)(xxi)
9. In the definition of “Mukim
Register”, words “the provisions of” omitted paragraph 6(1)(xxi)
10. In the definition of “provisional register document of title”, words
“the provisions of” omitted paragraph 6(1)(xxi)
11. In the definition of “reserved land”—
a.
words “the provisions of”
omitted paragraph 6(1)(xxi)
Laws of Malaysia 672
Act 828
Provision
Particulars of amendment
Authority for amendment
b. word “of” after the words
“section 62 or” omitted paragraph 6(1)(xxi)
12. In the definition of “river”, word “watercourse” substituted for “water-course”
paragraph 6(1)(xvi)
13. In the definition of “State
Authority”, words “Yang di-Pertua Negeri” substituted for
“Governor”
paragraph 6(1)(xvii)
14. In the definition of “subsidiary register”, words “[Act 318]”
omitted paragraphs 6(1)(iii)
and (xxi)
15. In the definition of “survey r e f e r e n c e m a r k ” , w o r d
“benchmark” substituted for
“bench-mark”
paragraph 6(1)(xvi)
section 5a
In the shoulder note, word
“operation” substituted for “force”
paragraph 6(1)(iii)
subsection 5a(1)
Word “operation” substituted for
“force”
paragraph 6(1)(iii)
subsection 5a(3)
Word “operation” substituted for
“force”
paragraph 6(1)(iii)
subsection 5c(1)
1. Word “operation” substituted for “force”
paragraph 6(1)(iii)
2. Words “[Act 56 of 1965]” omitted paragraphs 6(1)(xxi)
subsection 5d(3)
Word “operation” substituted for
“force”
paragraph 6(1)(iii)
subsection 9(1)
Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
subsection 12(5)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 13(1)(ii)(c)
Semicolon substituted for full stop paragraph 6(1)(xvi)
paragraph 14(1)(aa)
Word “subsection” before the word
“433e(1)” omitted paragraph 6(1)(xxi)
paragraph 14(1)(e) 1. Parentheses before and after the words “if any” omitted paragraph 6(1)(xvi)
2. Comma inserted after the words
“the premium” and “if any”
respectively paragraph 6(1)(xvi)
National Land Code 673
Provision
Particulars of amendment
Authority for amendment subsection 16(1)
Word “proceedings” substituted for
“proceeding”
paragraph 6(1)(xxiv)
subsection 16(2)
Word “proceedings” substituted for
“proceeding”
paragraph 6(1)(xxiv)
subsection 16(3)
Word “proceedings” substituted for
“proceeding”
paragraph 6(1)(xxiv)
section 17
Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 3 of Part
Two
Words “provisions relating to officers” substituted for “Provisions
Relating to Officers”
paragraph 6(1)(xxiv)
Heading of
Chapter 4 of Part
Two
Words “relating to enquiries”
substituted for “Relating to
Enquiries”
paragraph 6(1)(xxiv)
section 30
Words “commits an offence and shall, on conviction, be liable” substituted for “shall be guilty of an offence, and liable on conviction”
subparagraph 6(1)(iv)(b)
section 32
1. Word “shall” inserted after the words “order thereon”
paragraphs 6(1)(iii)
and (xxi)
paragraphs 32(a),
(b)
and (c)
2. Word “shall” omitted paragraphs 6(1)(iii)
and (xxi)
section 37
Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Three
Words “land and powers of disposal”
substituted for “Land and Powers of Disposal”
paragraph 6(1)(xxiv)
paragraph 41(a)
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 42(1)(a) Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 42(2)(a) Words “in force” substituted for
“in operation”
paragraph 6(1)(iii)
section 43
Colon substituted for dash paragraph 6(1)(xvi)
paragraph 46(1)(a) Commas substituted for parentheses paragraph 6(1)(xvi)
subsection 47(3)
Word “Subsections” substituted for
“The provisions of subsections”
paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Three
Words “use of land” substituted for
“Use of Land”
paragraph 6(1)(xxiv)
Laws of Malaysia 674
Act 828
Provision
Particulars of amendment
Authority for amendment paragraphs 51(2)(a) and (b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 52(1)(b)(i)
Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
subsection 56(2)
Word “section” inserted after the words “where applicable,”
paragraph 6(1)(iii)
Heading of
Chapter 3 of Part
Three
Words “access to, and use of, alienated lands” substituted for
“Access to, and Use of, Alienated
Lands”
paragraph 6(1)(xxiv)
subsection 59(2)
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 61
Words “the provisions of” before the words “section 434” omitted paragraph 6(1)(xxi)
subsection 61a(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 61a(6) Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Four
Word “land” substituted for “Land”
paragraph 6(1)(xxiv)
subsection 62(3)
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 64(2)(a) Comma substituted for semicolon paragraph 6(1)(xvi)
subsection 64(3)
Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Four
Words “occupation of land”
substituted for “Occupation of Land”
paragraph 6(1)(xxiv)
subparagraph 66(1)(b)(ii)
Word “of” inserted at the beginning of the subparagraph paragraph 6(1)(iii)
subsection 66(2)
Dash substituted for colon paragraph 6(1)(xvi)
subsection 71(2)
Dash substituted for colon paragraph 6(1)(xvi)
Heading of
Chapter 4 of Part
Four
Words “use air space above State
Land and reserved land” substituted for “Use Air Space Above State
Land and Reserved Land”
paragraph 6(1)(xxiv)
National Land Code 675
Provision
Particulars of amendment
Authority for amendment section 75b
In the shoulder note, word
“Applications” substituted for
“Application”
paragraph 6(1)(xxiv)
section 75d
In the shoulder note, comma inserted after the word “Conditions”
paragraph 6(1)(xvi)
paragraph 76(d)
1. Words “subsections 52(2)”
substituted for “subsections (2)”
paragraph 6(1)(iii)
2. Words “of that section” omitted paragraph 6(1)(xxi)
paragraph 77(2)(a) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 78(3)
Word “in” inserted before the words
“subsection (1)”
paragraph 6(1)(xxiv)
Heading of
Chapter 2 of Part
Five
Words “land for alienation”
substituted for “Land for Alienation”
paragraph 6(1)(xxiv)
paragraph 79(2)(g) Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 81(1)(b) Commas substituted for parentheses paragraph 6(1)(xvi)
subsection 81(4)
Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 3 of Part
Five
Words “final title” substituted for
“Final Title”
paragraph 6(1)(xxiv)
subsection 83(1)
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 84
In the shoulder note, word
“Recomputation” substituted for
“Re-computation”
paragraph 6(1)(xvi)
subsection 84(1)
Word “recomputed” substituted for
“re-computed”
paragraph 6(1)(xvi)
subsection 84(2)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 85(1)
Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
paragraphs 85(1)
(a)
and (b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 88(3)
Word “hereby” omitted paragraph 6(1)(xxi)
Laws of Malaysia 676
Act 828
Provision
Particulars of amendment
Authority for amendment section 91
Word “hereby” omitted paragraph 6(1)(xxi)
paragraph 92b(3)(a)
Word “or” at the end of paragraph omitted paragraphs 6(1)(iii)
and (xxi)
subsection 92b(4) 1. Comma inserted after the word
“doubt”
paragraph 6(1)(xvi)
2. Word “hereby” omitted paragraph 6(1)(xxi)
subsection 92c(5) 1. Comma inserted after the word
“doubt”
paragraph 6(1)(xvi)
2. Word “hereby” omitted paragraph 6(1)(xxi)
subsection 92d(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 92e(2)(a)
Word “or” at the end of paragraph omitted paragraphs 6(1)(iii)
and (xxi)
subsection 92e(3)
1. Comma inserted after the word
“doubt”
paragraph 6(1)(xvi)
2. Word “hereby” omitted paragraph 6(1)(xxi)
subsection 92f(3)
Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
subsection 92f(4) 1. Comma inserted after the word
“doubt”
paragraph 6(1)(xvi)
2. Word “hereby” omitted paragraph 6(1)(xxi)
subsection 92g(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 92g(5) 1. Comma inserted after the word
“doubt”
paragraph 6(1)(xvi)
2. Word “hereby” omitted paragraph 6(1)(xxi)
paragraph 92i(2)(d)
Words “under this Act” substituted for “thereunder”
paragraph 6(1)(xxi)
subsection 96a(2) Words “the provision of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Six
Words “arrears of rent” substituted for “Arrears of Rent”
paragraph 6(1)(xxiv)
Heading of
Chapter 3 of Part
Six
Words “rent” substituted for “Rent”
paragraph 6(1)(xxiv)
subsection 101(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 677
Provision
Particulars of amendment
Authority for amendment paragraph 103(1)(a)
Word “or” at the end of paragraph omitted paragraphs 6(1)(iii)
and (xxi)
Heading of
Chapter 2 of Part
Seven
Words “conditions and restrictions in interest affecting alienated lands”
substituted for “Conditions and
Restrictions In Interest Affecting
Alienated Lands”
paragraph 6(1)(xxiv)
paragraph 109(2)(a)
Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 110(a)
Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 110(c)
Word “section” inserted before the word “119”
paragraph 6(1)(iii)
subparagraph 110(d)(ii)
Words “Registry title” substituted for “Registry Title”
paragraph 6(1)(xxiv)
paragraph 111(a)
1. Commas substituted for parentheses paragraph 6(1)(xvi)
2. C o m m a s u b s t i t u t e d f o r semicolon paragraph 6(1)(xvi)
subparagraph 111(b)(i)
Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 112(2)(a)
Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 112(2)(c)
Word “section” inserted before the word “118”
paragraph 6(1)(iii)
paragraph 112(3)(a)
1. Commas substituted for parentheses paragraph 6(1)(xvi)
2. C o m m a s u b s t i t u t e d f o r semicolon paragraph 6(1)(xvi)
subparagraph 112(3)(b)(i)
Commas substituted for parentheses paragraph 6(1)(xvi)
Heading of
Chapter 3 of Part
Seven
Word “conditions” substituted for
“Conditions”
paragraph 6(1)(xxiv)
Laws of Malaysia 678
Act 828
Provision
Particulars of amendment
Authority for amendment
Heading of
Chapter 4 of Part
Seven
Words “conditions and restrictions in interest” substituted for “Conditions and Restrictions in Interest”
paragraph 6(1)(xxiv)
subsection 121(2) Comma inserted after the word
“section”
paragraph 6(1)(xvi)
subsection 123(1) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
subsection 124(2)
Comma after the words “paragraph
(1)
(a)” omitted paragraph 6(1)(xvi)
paragraph 124(2)(a)
Commas substituted for parentheses paragraph 6(1)(xvi)
paragraph 124(2)(b)
Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
subparagraph 124(2)(b)(ii)
Word “section” inserted before the word “118”
paragraph 6(1)(iii)
Heading of
Chapter 5 of Part
Seven
Word “conditions” substituted for
“Conditions”
paragraph 6(1)(xxiv)
paragraph 127(1)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 128(3)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 128(6) Word “paragraph” before the word
“(5)(b)” omitted paragraph 6(1)(xxi)
subsection 130(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 134(1) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
subsection 134(4) Words “Subsection (1)” substituted for “The Provisions of subsection (1)”
paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Nine
Word “lands” substituted for “Lands”
paragraph 6(1)(xxiv)
subsection 139(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 679
Provision
Particulars of amendment
Authority for amendment
Heading of
Chapter 2 of Part
Nine
Word “lands” substituted for “Lands”
paragraph 6(1)(xxiv)
section 141a
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 144
Words “The provisions of section”
substituted for “Section”
paragraph 6(1)(xxi)
Heading of
Chapter 3 of Part
Nine
Word “lands” substituted for “Lands”
paragraph 6(1)(xxiv)
section 150
Words “Section” substituted for
“The provisions of section”
paragraph 6(1)(xxi)
Heading of
Chapter 4 of Part
Nine
Word “buildings” substituted for
“Buildings”
paragraph 6(1)(xxiv)
Heading of
Chapter 1 of Part
Ten
Word “registers” substituted for
“Registers”
paragraph 6(1)(xxiv)
subsection 158(1) Words “under this Act” substituted for “thereunder”
paragraph 6(1)(iii)
subsection 158(1)
- proviso
Dash substituted for colon paragraph 6(1)(xvi)
subsection 159(2) Words “under this Act” substituted for “thereunder”
paragraph 6(1)(iii)
section 160a
Words “1 January 1966” substituted for “the first day of January 1966”
paragraph 6(1)(iii)
subsection 160c(2)
Word “re-established” substituted for “reestablished”
paragraph 6(1)(xvi)
Heading of
Chapter 2 of Part
Ten
Words “subsidiary register”
substituted for “Subsidiary Register”
paragraph 6(1)(xxiv)
Heading of
Chapter 3 of Part
Ten
Words “title in continuation of final title” substituted for “Title in
Continuation of Final Title”
paragraph 6(1)(xxiv)
subsection 164(1) Words “under this Chapter”
substituted for “thereunder”
paragraph 6(1)(xxi)
subsection 164(4) Words “the provisions of” omitted paragraph 6(1)(xxi)
Laws of Malaysia 680
Act 828
Provision
Particulars of amendment
Authority for amendment subsection 165(3) Word “Sections” substituted for
“The provisions of sections”
paragraph 6(1)(xxi)
paragraph 166(1)(d)
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 166(1)(e)
Word “subsection” before the word
“354(3)” omitted paragraph 6(1)(xxi)
subsection 166(4) Words “the provision of” omitted paragraph 6(1)(xxi)
paragraph 168(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 170(1)(a)(iii)
Word “Form” before the word “4a”
omitted paragraph 6(1)(xxi)
subsection 170(3) 1. Words “Forms 2 and 3”
substituted for “Form 2 and
Form 3”
paragraph 6(1)(xxi)
2. Word “Form” before the word
“4a” omitted paragraph 6(1)(xxi)
paragraph 171(1)(a)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 171(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
section 172
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 173(2) Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
subsection 175(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 175(3) Word “Section” substituted for “The provisions of section”
paragraph 6(1)(xxi)
Heading of
Chapter 4 of Part
Ten
Words “register document of final title” substituted for “Register
Document of Final Title”
paragraph 6(1)(xxiv)
paragraph 175a(1)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 175c(2)(b)
Words “Land Office title” substituted for “Land Office Title”
paragraph 6(1)(xxiv)
paragraph 175d(1)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 681
Provision
Particulars of amendment
Authority for amendment subsection 175f(5)
Word “Sections” substituted for
“The provisions of sections”
paragraph 6(1)(xxi)
subsection 175f(7)
Comma inserted after the words “In this section”
paragraph 6(1)(xvi)
Heading of
Chapter 1 of Part
Eleven
Words “Chapter 1—Introductory”
substituted for “CHAPTER 1—
INTRODUCTORY”
paragraph 6(1)(xxiv)
paragraph 177(1)(a)
Semi colon substituted for comma paragraph 6(1)(xvi)
subsection 178(3) Word “Sections” substituted for
“The provisions of sections”
paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Eleven
Words “qualified title” substituted for “Qualified Title”
paragraph 6(1)(xxiv)
paragraph 181(1)(c)
Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 3 of Part
Eleven
Words “title and qualified title in continuation” substituted for
“Title and Qualified Title in
Continuation”
paragraph 6(1)(xxiv)
subsection 183(2)
- proviso
Words “, as the case may be, subsection” omitted paragraphs 6(1)(xvi)
and (xxi)
paragraph 183(4)(d) Words “the provisions of” omitted paragraph 6(1)(xxi)
section 184
Word “Section” substituted for “the provisions of”
paragraph 6(1)(xxi)
subsection 185(1) Word “Section” substituted for “The provisions of section”
paragraph 6(1)(xxi)
paragraph 186(1)(c)
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 187a
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 187aa
Words “the provisions of” omitted paragraph 6(1)(xxi)
Laws of Malaysia 682
Act 828
Provision
Particulars of amendment
Authority for amendment paragraph 187b(1)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 187b(3)
Word “title” substituted for “Title”
paragraph 6(1)(xxiv)
paragraph 187b(4)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 187b(7)
Word “Subsections” substituted for
“The provisions of subsections”
paragraph 6(1)(xxi)
Heading of
Chapter 4 of Part
Eleven
Words “qualified title into final title”
substituted for “Qualified Title into
Final Title”
paragraph 6(1)(xxiv)
section 189
Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 190(1)(a)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 190(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 192(4) Word “Sections” substituted for
“The provisions of sections”
paragraph 6(1)(xxi)
subsection 199(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 201(2)(a)
Semicolon substituted for full stop paragraph 6(1)(xvi)
subsection 202(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 202(3) 1. Word “resurveyed” substituted for “re-surveyed”
paragraph 6(1)(xvi)
2. Words “the provisions of”
omitted paragraph 6(1)(xxi)
paragraph 202(3)(b)
Word “recalculated” substituted for
“re-calculated”
paragraph 6(1)(xv)
subsection 203(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 204(4) 1. Commas substituted for parentheses paragraph 6(1)(xvi)
2. Word “any” inserted before the words “such land”
paragraph 6(1)(xv)
National Land Code 683
Provision
Particulars of amendment
Authority for amendment section 204a
Words “the provisions of ” omitted paragraph 6(1)(xxi)
subsection 207(3) Word “Section” substituted for “The provisions of”
paragraph 6(1)(xxi)
subsection 209(4) Comma inserted after the word
“section”
paragraph 6(1)(xvi)
paragraph 210(3)(i)
- proviso
Semicolon substituted for comma before the word “and”
paragraph 6(1)(xvi)
subsection 210 (4) 1. Comma inserted after the word
“section”
paragraph 6(1)(xvi)
2. Word ‘ “signing” ’ substituted for “ ‘signing’ ”
paragraph 6(1)(xvi)
paragraphs 211(1)
(i)
, (ii) and (iii)
- proviso
Semicolon substituted for comma at the end of paragraphs paragraph 6(1)(xvi)
subsection 213(1) Comma inserted after the word “Act”
paragraph 6(1)(xvi)
subsection 214a(3)
Comma inserted after the word
“section”
paragraph 6(1)(xvi)
subsection 214a(8)
Word “thirty” substituted for “30”
paragraph 6(1)(iii)
subsection 214a(10)
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Commas inserted after the words
“and shall” and “on conviction”
respectively paragraph 6(1)(xvi)
paragraph 214a(10a)(a)
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Commas inserted after the words
“and shall” and “on conviction”
paragraph 6(1)(xvi)
subsection 214a(11)
Comma inserted after the word “Act”
paragraph 6(1)(xvi)
subsection 217(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 219(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
Laws of Malaysia 684
Act 828
Provision
Particulars of amendment
Authority for amendment subsection 220(2) Word “Subsections” substituted for
“The provisions of subsections”
paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Fifteen
Word “leasing” substituted for
“Leasing”
paragraph 6(1)(xxiv)
subsection 221(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
section 222
In the shoulder note, word “sublet”
substituted for “sub-let”
paragraph 6(1)(xvi)
subsection 222(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 223(1)
1. Words “the provisions of”
omitted paragraph 6(1)(xxi)
2. Word “subtenancies” substituted for “sub-tenancies”
paragraph 6(1)(xvi)
subsection 223(2) Word “subtenancies” substituted for
“sub-tenancies”
paragraph 6(1)(xvi)
subsection 223(3) Words “[Act 528]” omitted paragraph 6(1)(xxiv)
paragraph 228(1)(a)
Semicolon substituted for comma at the end of paragraph paragraph 6(1)(xvi)
subsection 228(2) Word “subsection” before the word
“220(2)” omitted paragraph 6(1)(xxi)
section 228a
Comma inserted after the word
“Chapter”
paragraph 6(1)(xvi)
Heading of
Chapter 2 of Part
Fifteen
Words “implied provisions”
substituted for “Implied Provisions”
paragraph 6(1)(xxiv)
section 229
In the shoulder note, words
“Sixth Schedule” substituted for
“Schedule 6”
paragraph 6(1)(xxi)
subparagraph 231(1)(a)(i)
Semicolon substituted for comma paragraph 6(1)(xvi)
paragraph 231(1)(d)
Word “sublet” substituted for “sub-let”
paragraph 6(1)(xvi)
subsection 234(3) Word “showing” substituted for
“shewing”
paragraph 6(1)(xv)
paragraph 237(a)
Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 685
Provision
Particulars of amendment
Authority for amendment subsection 237(2) Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
Heading of
Chapter 4 of Part
Fifteen
Words “leases and tenancies”
substituted for “Leases and
Tenancies”
paragraph 6(1)(xxiv)
Heading of
Chapter 1 of Part
Sixteen
Words “charges, and general provisions relating thereto”
substituted for “Charges, and
General Provisions Relating Thereto”
paragraph 6(1)(xxiv)
subsection 248(1) Word “Sections” substituted for
“The provisions of sections”
paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Sixteen
Word “provisions” substituted for
“Provisions”
paragraph 6(1)(xxiv)
paragraph 249(1)(b)
Words “subject matter” substituted for “subject-matter”
paragraph 6(1)(xvi)
section 250
Comma inserted after the word “Act”
paragraph 6(1)(xvi)
paragraph 250(a)
Words “subject matter” substituted for “subject-matter”
paragraph 6(1)(xvi)
subparagraph 250(c)(i)
Semicolon substituted for comma paragraph 6(1)(xvi)
subparagraph 250(d)(i)
Semicolon substituted for comma paragraph 6(1)(xvi)
section 252
Word “Section” substituted for “The provisions of section”
paragraph 6(1)(xxi)
Heading of
Chapter 3 of Part
Sixteen
Word “chargees: Sale” substituted for “Chargees: Sale”
paragraph 6(1)(xxiv)
subsection 253(3) In the definition of ‘“financial institution”’, notes inserted paragraph 6(1)(vii)
subsection 255(2) Words “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
Laws of Malaysia 686
Act 828
Provision
Particulars of amendment
Authority for amendment subsection 259(4) Words “the provisions of“ omitted paragraph 6(1)(xxi)
subsection 261(2) Words “the provisions of” before the words “section 262” omitted paragraph 6(1)(xxi)
subsection 263(3) Word “Subsections” substituted for
“The provisions of subsections”
paragraph 6(1)(xxi)
subsection 265(5) Words “the provisions of “ omitted paragraph 6(1)(xxi)
paragraph 266(2)(a)
Word “shown” substituted for
“shewn”
paragraph 6(1)(xv)
paragraph 266(2)(b)
Commas substituted for parentheses paragraph 6(1)(xvi)
subsection 267(1) Word “subsection” before the word
“265(4)” omitted paragraph 6(1)(xxi)
subsection 267(3) Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
paragraph 267a(b)
Comma inserted after the word
“balance”
paragraph 6(1)(xvi)
paragraph 268(2)(a)
Word “repayment” substituted for
“re-payment”
paragraph 6(1)(xvi)
subsection 269(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 4 of Part
Sixteen
Words “chargees:” substituted for
“Chargees:”
paragraph 6(1)(xxiv)
subsection 272(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 276(1) Word “subsection” before the word
“275(7)” omitted paragraph 6(1)(xxi)
subsection 277(1) Commas substituted for parentheses paragraph 6(1)(xvi)
subsection 277(2) Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
subsection 281(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 687
Provision
Particulars of amendment
Authority for amendment subsection 285(3) Words “cross easements” substituted for “cross-easements”
paragraph 6(1)(xvi)
subsection 286(1) Words “cross easements” substituted for “cross-easements”
paragraph 6(1)(xvi)
subsection 286(4) Words “subject matter” substituted for “subject-matter”
paragraph 6(1)(xvi)
section 288
1. Word “footway” substituted for
“foot-way”
paragraph 6(1)(xvi)
2. Word “carriageway” substituted for “carriage-way”
paragraph 6(1)(xvi)
Heading of
Chapter 2 of Part
Seventeen
Words “extinguishment and cancellation” substituted for
“Extinguishment and Cancellation”
paragraph 6(1)(xxiv)
section 291
Word “Section” substituted for “The provisions of section”
paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Eighteen
Words “instruments for registration”
substituted for “Instruments for
Registration”
paragraph 6(1)(xxiv)
subsection 292(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 292(2) Word “prepaid” substituted for
“pre-paid paragraph 6(1)(xvi)
paragraph 293(1)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 295(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 2 of Part
Eighteen
Words “generally” substituted for
“Generally”
paragraph 6(1)(xxiv)
paragraph 297(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 298(1) Word “Registrar substituted for
“registrar”
paragraph 6(1)(xxiv)
Heading of
Chapter 3 of Part
Eighteen
Words “fitness for registration”
substituted for “Fitness for
Registration”
paragraph 6(1)(xxiv)
section 301
- proviso
Word “subsection” before the word
“265(4)” omitted paragraph 6(1)(xxi)
Laws of Malaysia 688
Act 828
Provision
Particulars of amendment
Authority for amendment paragraph 303(a) Word “subletting” substituted for
“sub-letting” respectively paragraph 6(1)(xvi)
Heading of
Chapter 4 of Part
Eighteen
Word “registration” substituted for
“Registration”
paragraph 6(1)(xxiv)
subsection 305(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
Heading of
Chapter 6 of Part
Eighteen
Word “registration” substituted for
“Registration”
paragraph 6(1)(xxiv)
Heading of
Chapter 7 of Part
Eighteen
Words “exempt tenancies” substituted for “Exempt Tenancies”
paragraph 6(1)(xxiv)
paragraph 317(3)(a)
Word “subsection” before the word
“267(2)” omitted paragraph 6(1)(xxi)
subsection 317(4) Comma inserted after the word
“application”
paragraph 6(1)(xvi)
subsection 319(4) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
paragraph 321(4)(a)
Comma inserted after the word
“subsection”
paragraph 6(1)(xvi)
subsection 322(7) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
subsection 323(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
paragraph 324(2)(c)
Word “of” after the word “to” omitted paragraph 6(1)(xv)
subsection 324(4) Words “the provision of” omitted paragraph 6(1)(xxi)
subsection 325(1) 1. Comma inserted after the words
“Form 19g”
paragraph 6(1)(xvi)
2. Words “the provision of” omitted paragraph 6(1)(xxi)
3. Word “section 211” before the word “dealt” substituted for
“the provisions”
paragraph 6(1)(iii)
subsection 332(4) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxi)
National Land Code 689
Provision
Particulars of amendment
Authority for amendment subsection 333(1) Word “Registrar” substituted for
“registrar”
paragraph 6(1)(xxiv)
Heading of
Chapter 2 of Part
Nineteen
Word “orders” substituted for
“Orders”
paragraph 6(1)(xxiv)
section 334
1. Comma inserted after the word
“Chapter”
paragraph 6(1)(xvi)
2. Word “judgment debtor”
substituted for “judgment-debtor”
paragraph 6(1)(xvi)
subsection 335(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 336(1) Words “of this section” omitted paragraph 6(1)(xxi)
subsection 336(2) Words “of this section” omitted paragraph 6(1)(xxi)
subsection 336(5) Words “, as the case may be,” omitted paragraphs 6(1)(xvi)
and (xxiv)
subsection 337(1) Words “judgment debtor” substituted for “judgment-debtor”
paragraph 6(1)(xvi)
paragraph 339(2)(b)
Word “subsection” before the word
“265(4)” omitted paragraph 6(1)(xxi)
Heading of
Chapter 1 of Part
Twenty-one
Word “Co-proprietorship” substituted for “Co-Proprietorship”
paragraph 6(1)(xxiv)
subsection 342(1) Comma inserted after the word “Act”
paragraph 6(1)(xvi)
subsection 346(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 347(3) Word “Subsection” substituted for
“The provisions of subsection”
paragraph 6(1)(xxi)
subsection 348(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 348(3) Words “Small Estates (Distribution)
Act 1955” substituted for “said Act of 1955”
paragraph 6(1)(xix)
subsection 351(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 351(3) Dash substituted for colon paragraph 6(1)(xvi)
Laws of Malaysia 690
Act 828
Provision
Particulars of amendment
Authority for amendment subsection 351(4) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 352(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 352(4) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 353(1)
Words “right lines” substituted for
“right-lines”
paragraph 6(1)(xvi)
subsection 353(2)
1. Word “coastline” substituted for “coast-line”
paragraphs 6(1)(xvi)
2. Word “riverbank” substituted for “river-bank”
paragraphs 6(1)(xvi)
subparagraph 353(2)(i)
- proviso
1. Commas substituted for parentheses paragraph 6(1)(xvi)
2. Word “shoreline” substituted for “shore-line”
paragraph 6(1)(xvi)
subparagraph 353(2)(ii)
- proviso
1. Commas substituted for parentheses paragraph 6(1)(xvi)
2. Words “sea wall” substituted for “sea-wall”
paragraph 6(1)(xvi)
3. Words “river wall” substituted for “river-wall”
paragraph 6(1)(xvi)
paragraph 353(3)(b)
Word “recalculated” substituted for
“re-calculated”
paragraph 6(1)(xvi)
paragraph 377(2)(a)
Word “thumbprints” substituted for
“thumb-prints”
paragraph 6(1)(xvi)
subsection 383(2) Words “for the time being” omitted paragraph 6(1)(xxi)
section 384
Commas substituted for parentheses paragraph 6(1)(xvi)
section 386
Words “the provisions of” omitted paragraph 6(1)(xxi)
section 387
Comma inserted after the word “Part”
paragraph 6(1)(xvi)
paragraph 390(4)(c)
Comma substituted for parentheses paragraph 6(1)(xvi)
National Land Code 691
Provision
Particulars of amendment
Authority for amendment paragraph 396(1)(a)
Words “right lines” substituted for
“right-lines”
paragraphs 6(1)(xvi)
subsection 396(2)
Word “shoreline” substituted for
“shore-line”
paragraph 6(1)(xvi)
paragraph 396(3)(a)
Word “remains” substituted for
“remain”
paragraph 6(1)(xv)
subparagraph 396(4)(b)(i)
Comma substituted for parentheses paragraph 6(1)(xvi)
subsection 398(3)
Comma inserted after the words
“subsections (1) and (2)”
paragraph 6(1)(xvi)
subsection 400(3) 1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma inserted after the word
“shall”
paragraph 6(1)(xvi)
3. Words “be liable” transposed after the words “on conviction,”
subparagraph 6(1)(iv)(b) and paragraph 6(1)(xiii)
section 400a
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the word “offence”,
“ringgit” and “year” omitted respectively paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
section 403
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Words “shall,” inserted before
“on conviction”
subparagraph 6(1)(iv)(b)
paragraph 403(a)
Word “shall” omitted subparagraph 6(1)(iv)(b)
subsection 404(3)
- proviso
Comma inserted after the words
“section 49”
paragraph 6(1)(xvi)
Laws of Malaysia 692
Act 828
Provision
Particulars of amendment
Authority for amendment section 409a
In the shoulder note, words “licensed land surveyor” substituted for
“Licensed Land Surveyor”
paragraph 6(1)(iii)
Heading of
Chapter 2 of Part
Twenty-nine
Word “plans” substituted for “Plans”
paragraph 6(1)(xxiv)
subsection 411(2)
Comma inserted after the words
“subsection (1)”
paragraph 6(1)(xvi)
paragraph 412(1)(a)
Word “photolithography” substituted for “photo-lithography”
paragraph 6(1)(xvi)
section 413
Commas substituted for parentheses paragraph 6(1)(xvi)
section 414
In the definition of “registered interest in land”, words “[Act 318]”
omitted paragraph 6(1)(xxiv)
subsection 416a(1)
Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
subsection 416a(4)
1. Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
2. Words “the provisions of”
omitted paragraph 6(1)(xxi)
section 416b
In the shoulder note—
a.
words “Clause (3)” substituted for “Clause 3”
paragraph 6(1)(xvi)
a.
word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
section 416b
Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
subsection 418(2)
1. Words “the provisions of”
omitted paragraph 6(1)(xxi)
2. Word “thereon” substituted for
“thereof”
paragraph 6(1)(xv)
subsection 418(3)
Comma inserted after the word
“section”
paragraph 6(1)(xvi)
subsection 419(2) Words “the provisions of” omitted paragraph 6(1)(xxi)
National Land Code 693
Provision
Particulars of amendment
Authority for amendment section 422
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the word “offence”
and “years” omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
section 423
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words
“offence”, “ringgit” and “years”
omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsection 424(1) 1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words “offence”,
“ringgit” and “month” omitted paragraph 6(1)(xvi)
3. Comma inserted after the words
“shall” and “on conviction”
paragraph 6(1)(xvi)
4. Words “be liable” transposed after the words “on convictions,”
subparagraph 6(1)(iv)(b) and paragraph 6(1)(xiii)
5. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsection 424(2) 1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words “offence”,
“ringgit” and “months” omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
Laws of Malaysia 694
Act 828
Provision
Particulars of amendment
Authority for amendment
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsections 425(1)
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words
“offence”, “ringgit” and “years”
omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsections 425(1a)
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words
“offence”, “ringgit” and “years”
omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsections 425(2)
1. Word “or” inserted after the word “Government”
paragraph 6(1)(xv)
2. Word “powers” substituted for
“power”
paragraph 6(1)(xv)
section 425a
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma inserted after the words
“shall” and “on conviction”
paragraph 6(1)(xvi)
3. Words “be liable” transposed after the words “on conviction,”
subparagraph 6(1)(iv)(b) and paragraph 6(1)(xiii)
4. Comma after the words “ringgit”
and “month” omitted paragraph 6(1)(xvi)
National Land Code 695
Provision
Particulars of amendment
Authority for amendment subsection 426(1) 1. Comma after the words
“removes”, “offence”, “ringgit”
and “years” omitted paragraph 6(1)(xvi)
2. Comma inserted after the word
“transports”
paragraph 6(1)(xvi)
3. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
4. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
subsection 426(1b)
1. Words “Any person who”
substituted for “Whoever”
paragraph 6(1)(iii)
2. Comma after the words
“offence”, “ringgit” and “years”
omitted paragraph 6(1)(xvi)
3. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
4. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
5. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsection 426a
Word “hereinafter substituted for
“hereafter”
paragraph 6(1)(xxi)
subsection 426a(6)
Comma after the words “ringgit”
and “months” omitted paragraph 6(1)(xvi)
subsection 426b(1)
Words “of this section” omitted paragraph 6(1)(xxi)
subsection 426b(2)
Words “of this section” omitted paragraph 6(1)(xxi)
paragraph 426c(4)(b)
Comma inserted after the words
“notice” and “Land Administrator”
respectively paragraph 6(1)(xvi)
subsection 426c(6)
Words “any thing” substituted for
“anything”
paragraph 6(1)(xxiv)
subsection 427(2) 1. Words “the provisions of” omitted paragraph 6(1)(xxi)
2. Word “of” after the word “or”
omitted paragraph 6(1)(xxi)
Laws of Malaysia 696
Act 828
Provision
Particulars of amendment
Authority for amendment
3. Words “under subsection (1)”
substituted for “thereunder”
paragraph 6(1)(xxi)
4. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
5. Comma after the word “offence”
omitted paragraph 6(1)(xvi)
6. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
subsection 428(2) 1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the words “offence”,
“ringgit” and “months” omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
section 428a
1. Words “commits an offence unless he proves that the information was communicated or divulged to him contrary to his desire,” substituted for
“shall, unless he proves that the information was communicated or divulged to him contrary to his desire, be guilty of an offence”
subparagraph 6(1)(iv)(b)
2. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
3. Comma after the words “ringgit”
and “months” omitted paragraph 6(1)(xvi)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
subsection 428aa(1)
Words “under this Act” substituted for “thereunder”
paragraph 6(1)(xxi)
subsection 428aa(2)
Words “under this Act” substituted for “thereunder”
paragraph 6(1)(xxi)
National Land Code 697
Provision
Particulars of amendment
Authority for amendment section 429
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the word “offence”
and “ringgit” omitted paragraph 6(1)(xvi)
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
4. Word “to” inserted before the word “imprisonment”
subparagraph 6(1)(iv)(b)
section 430
Comma inserted after the word “Part”
paragraph 6(1)(xvi)
paragraph 431(1)(d)
Word “prepaid” substituted for
“pre-paid”
paragraph 6(1)(xvi)
subsection 431(2) Word “prepaid” substituted for
“pre-paid”
paragraph 6(1)(xvi)
subparagraph 432(1)(a)(ii)
Word “courthouse” substituted for
“court-house”
paragraph 6(1)(xvi)
section 433
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 433(a)(ii)
Word “courthouse” substituted for
“court-house”
paragraph 6(1)(xvi)
section 433a
In the definition of “foreign company”, in paragraph (c), semicolon substituted for full stop paragraph 6(1)(xvi)
subsection 433b(1)
- proviso
Omitted paragraph 6(1)(xv)
subsection 433b(2a)
- proviso
Comma substituted for semicolon paragraph 6(1)(xvi)
subsection 433d(2)
Words “[Act 378]” omitted paragraph 6(1)(xxiv)
subsection 433e(3)
1. Word “commits” substituted for
“shall be guilty of”
subparagraph 6(1)(iv)(b)
2. Comma after the word “offence”
omitted paragraph 6(1)(xvi)
Laws of Malaysia 698
Act 828
Provision
Particulars of amendment
Authority for amendment
3. Words “shall, on conviction, be liable” substituted for “liable on conviction”
subparagraph 6(1)(iv)(b)
paragraph 433e(4)(a)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 433e(4)(b)(iii)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 434(1) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 434(3) Words “the provisions of” omitted paragraph 6(1)(xxi)
subsection 436a(1)
Words “[Act 78]” omitted paragraph 6(1)(xxiv)
subsection 438(1) Word “hereby” omitted paragraph 6(1)(xxi)
section 442
1. Word “subdistrict” substituted for “sub-district”
paragraph 6(1)(xvi)
2. Words “the provisions of” after the word “pursuant” omitted paragraph 6(1)(xxi)
section 444
Words “under the instrument”
substituted for “thereunder”
paragraph 6(1)(xxi)
section 446
In the shoulder note, words
“Second and Third Schedules”
substituted for “Schedules 2 and 3”
paragraph 6(1)(iii)
First Schedule
Words “this Act” substituted for
“the Code”
paragraph 6(1)(iii)
First Schedule
Form 2a 1.
Words “on …...………………”
substituted for “on……… the
........ day of ..........., 19 .........”
paragraph 6(1)(xxiv)
paragraph (a)
2.
Semicolon substituted for comma paragraph 6(1)(xvi)
3.
Word “subject matter” substituted for “subject-matter”
paragraph 6(1)(xvi)
Form 2b
1. Words “document/s is/are”
substituted for “document/s are”
paragraph 6(1)(iii)
Form 2b paragraph (ba)
2. Semicolon substituted for full stop paragraph 6(1)(xvi)
3. Words “of the National Land
Code” substituted for “of the
Code”
paragraph 6(1)(iii)
National Land Code 699
Provision
Particulars of amendment
Authority for amendment
Form 4a
Word “Malaysia” inserted after the word “Ringgit”
paragraph 6(1)(iii)
Form 4a subparagraph (5)(b)
Words “the provisions of” omitted paragraph 6(1)(xxi)
Form 4b subparagraph (2)(i)
1. Semicolon substituted for comma paragraph 6(1)(xvi)
subparagraph (3)
2. Commas substituted for parentheses paragraph 6(1)(xvi)
3. Words “the rate of ………………
ringgit” substituted for “the rate of RM……….………”
paragraph 6(1)(iii)
subparagraph (8)(b) 4. Words “the provisions of” omitted paragraph 6(1)(xxi)
Form 4c
1. Word “Malaysia” inserted after the word “Ringgit”
paragraph 6(1)(iii)
2. Words “Permit Holder”
substituted for “Permit-holder”
paragraph 6(1)(xvi)
3. Words “the rate of ………….…….
ringgit” substituted for “the rate of RM ……….……...”
paragraph 6(1)(iii)
subparagraph (8)(b) 4. Words “the provisions of” omitted paragraph 6(1)(xxi)
Form 4d
Words “Permit Holder” substituted for “Permit-holder”
paragraph 6(1)(xvi)
Form 4e
1. Words “the rent of ……………….
ringgit” substituted for “the rent of RM ………...…….”
paragraph 6(1)(iii)
2. Words “Granted on …...………”
substituted for “Granted this
........... day of ........, 19.........”
paragraph 6(1)(xxiv)
Form 5a
Words “the provisions of” omitted paragraph 6(1)(xxi)
Form 5b
Words “annual rent of ……………….
ringgit” substituted for “annual rent of RM ……………….”
paragraph 6(1)(iii)
Form 5c
1. Comma inserted after the word
“which” and “identification”
respectively paragraph 6(1)(xvi)
Laws of Malaysia 700
Act 828
Provision
Particulars of amendment
Authority for amendment
2. Words “annual rent of …….….
ringgit” substituted for “annual rent of RM .………….”
paragraph 6(1)(iii)
Form 5d
Words “annual rent of …………….
ringgit” substituted for “annual rent of RM ……………….”
paragraph 6(1)(iii)
Form 5e
1. Word “scheduled” substituted for “schedule”
paragraph 6(1)(iii)
2. Comma inserted after the word
“identification”
paragraph 6(1)(xvi)
3. Words “annual rent of ….…….
ringgit” substituted for “annual rent of RM ….……….”
paragraph 6(1)(iii)
Form 5f
1. Words “on…...…………….…”
substituted for “on the ...….…
day of ……., 19….”
paragraph 6(1)(xxiv)
subparagraph (a)
2. Semicolon substituted for comma paragraph 6(1)(xvi)
Form 6a
1. Words “1 June” substituted for
“the 1st day of June”
paragraph 6(1)(iii)
2. Words “*Lot/L.O. No.”
substituted for “*Lot L.O. No.”
Paragraph 6(1)(xvi)
3. Words “Easement Holder”
substituted for “Easement-holder”
paragraph 6(1)(xvi)
Form 7a
Comma inserted after the words
“therefore” and “National Land
Code” respectively paragraph 6(1)(xvi)
Form 7b
1. Comma inserted after the words
“National Land Code”
paragraph 6(1)(xvi)
2. Words “on …………………….”
substituted for “on the ……day of …….., 19…..”
paragraph 6(1)(xxiv)
3. Words “Easement Holder”
substituted for “Easement-holder”
paragraph 6(1)(xvi)
Form 7c
1. Words “the payment of……….
ringgit” substituted for “the payment of RM ………....”
paragraph 6(1)(iii)
2. Words “a new rent of ……….
ringgit” substituted for “a new rent of RM …..……….”
paragraph 6(1)(iii)
National Land Code 701
Provision
Particulars of amendment
Authority for amendment
3. Words “on ………….……..…”
substituted for “this ………. day of …….…….... 19 ……….”
paragraph 6(1)(xxiv)
4. Words “Dated on ………….”
substituted for “Date …………”
paragraph 6(1)(xxiv)
5. Words “District…..………...…..”
i n s e r t e d a f t e r
“ L a n d
Administrator”
paragraph 6(1)(iii)
Form 7d
1. Words “fee of ……...…….
ringgit” substituted for “fee of
RM …….…….”
paragraph 6(1)(iii)
Form 7d subsubparagraphs 2(d)(i), (ii) and (iii)
2. Renumbered as subsubparagraphs 2(d)(1), (2) and (3)
paragraph 6(1)(xii)
paragraph 3
3. Word “subdivisional” substituted for “sub-divisional”
paragraph 6(1)(xvi)
subparagraphs 3(a), (b) and (c)
4. Renumbered as subparagraphs 3(i), (ii) and (iii)
paragraph 6(1)(xvi)
paragraph 4
5. Words “subparagraph (ii)”
substituted for “subparagraph (b)”
paragraph 6(1)(xix)
6. Words “subsection 136(2)”
substituted for “section 136(2)”
paragraph 6(1)(iii)
Form 7e
1. Word “scheduled” substituted for “Scheduled”
paragraph 6(1)(xxiv)
2. Comma after the word “Now”
omitted paragraph 6(1)(xvi)
3. Comma inserted after the words
“National Land Code”
paragraph 6(1)(xvi)
4. Words “on ………………...…”
substituted for “on the …… day of ……...………, 19 ………”
paragraph 6(1)(xxiv)
Form 7f
1. Word “scheduled” substituted for “Scheduled”
paragraph 6(1)(xxiv)
2. Words “dated ...……….…...…”
substituted for “dated ………..
day of …… 19”
paragraph 6(1)(xxiv)
Laws of Malaysia 702
Act 828
Provision
Particulars of amendment
Authority for amendment
3. Words “on ………………...…”
substituted for “on …………….
day of …….. 19”
paragraph 6(1)(xxiv)
4. Comma after the word “Now”
omitted paragraph 6(1)(xvi)
Form 7g
Words “the provisions of” omitted paragraph 6(1)(xxi)
Form 8a 1.
Words “the provisions of”
omitted paragraph 6(1)(xxi)
paragraph (a)
2.
Semicolon substituted for comma paragraph 6(1)(xvi)
Form 9a
1. Words “fee of ……...…….
ringgit” substituted for “fee of
RM ………….”
paragraph 6(1)(iii)
2. Word “shown” substitutued for
“shewn”
paragraph 6(1)(xv)
subparagraph
(C)
(1)
3. Renumbered as subparagraph (C)
paragraph 6(1)(xii)
Form 9b
1. Words “fee of …...……….
ringgit” substituted for “fee of
RM ………….”
paragraph 6(1)(iii)
2. Word “shown” substitutued for
“shewn”
paragraph 6(1)(xv)
subparagraph
(C)
(1)
3. Renumbered as subparagraph (C)
paragraph 6(1)(xii)
Form 9c
Words “fee of ………...…. ringgit”
substituted for “fee of RM ………….”
paragraph 6(1)(iii)
Form 10f
Word “We” substituted for “we”
paragraph 6(1)(xxiv)
Form 11a
Word “Malaysia” inserted after the word “Ringgit”
paragraph 6(1)(iii)
Form 11b
Word “Malaysia” inserted after the word “Ringgit”
paragraph 6(1)(iii)
Form 12a
1. Words “the prescribed fee of …………...……. ringgit”
substituted for “the prescribed fee of RM ………….”
paragraph 6(1)(iii)
2. In the explanatory note, words
“or sublease” inserted after the words “any lease”
paragraph 6(1)(xix)
National Land Code 703
Provision
Particulars of amendment
Authority for amendment
Form 12b
1. Words “the prescribed fee of ………...………. ringgit”
substituted for “the prescribed fee of RM ………….”
paragraph 6(1)(iii)
2. In the explanatory note, words
“or sublease” inserted after the words “any lease”
paragraph 6(1)(xix)
Form 12c
1. Words “the prescribed fee of ………………. ringgit”
substituted for “the prescribed fee of RM ………….”
paragraph 6(1)(iii)
2. Comma inserted after the words
“In the said plan”
paragraph 6(1)(xvi)
Form 12d
1. Words “[Section 204 d]”
substituted for “[Section 204a]
paragraph 6(1)(xix)
2. Word “of” inserted after the word “District”
paragraph 6(1)(iii)
3. Words “of the National Land
Code” inserted after the words
“section 204d”
paragraph 6(1)(iii)
4. Word “we” substituted for “We”
paragraph 6(1)(xxiv)
5. Words “the prescribed fee of …………...……. ringgit”
substituted for “the prescribed fee of RM ………….”
paragraph 6(1)(iii)
Form 13a
Words “…….…... 20…..” substituted for “the …… day of ….. 19 ….”
paragraph 6(1)(xxiv)
Form 13b subparagraphs (i),
(ii)
and (iii)
Semicolon substituted for comma paragraph (6)(1)(xvi)
Form 14a
1. Words “the sum of …………….
ringgit” substituted for “the sum of RM ………..…….”
paragraph 6(1)(iii)
2. Comma after the words “For no consideration” substituted for semicolon paragraph 6(1)(xvi)
3. Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
Laws of Malaysia 704
Act 828
Provision
Particulars of amendment
Authority for amendment
4. Word “transferee(s)” substituted for “transferee”
paragraph 6(1)(xix)
Form 14b
1. Words “the sum of ………..….
ringgit” substituted for “the sum of RM ………..…….”
paragraph 6(1)(iii)
2. Comma after the words “For no consideration” substituted for semicolon paragraph 6(1)(xvi)
3. Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
Form 14d
1. Words “Transfer, Conveyance or Disposal” substituted for
“transfer, conveyance or disposal”
paragraph 6(1)(iii)
2. Word “information is” substituted for “informations are”
paragraph 6(1)(xxiv)
Form 15a
1. Words “beginning on ….……
and terminating on ………...…..”
substituted for “beginning on the
……… day of ………, 19… and terminating on the ….... day of
…., 19…..”
paragraph 6(1)(xxiv)
2. Words “beginning on ….……”
substituted for “beginning on the .… day of ………, 19…”
paragraph 6(1)(xxiv)
Form 15b
1. Words “beginning on ….…… and terminating on ………...……..”
substituted for “beginning on the
……… day of ………, 19… and terminating on the ..….. day of
…., 19…..”
paragraph 6(1)(xxiv)
2. Words “beginning on ………”
substituted for “beginning on the …. day of ………, 19…”
paragraph 6(1)(xxiv)
Form 16a
1. In paragraph (a), words “of a loan of …………. ringgit”
substituted for “of a loan of
RM …….”
paragraph 6(1)(iii)
2. In paragraph (b), words “the sum of …….……. ringgit”
substituted for “the sum of
RM ……..”
paragraph 6(1)(iii)
National Land Code 705
Provision
Particulars of amendment
Authority for amendment
3. In paragraph (c), Comma substituted for semicolon paragraph 6(1)(xvi)
4. Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
Form 16b
1. Words “the sum of …………..….
ringgit” substituted for “the sum of RM ……..……….”
paragraph 6(1)(iii)
2. Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
Form 16c
Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
Form 16d
1. Words “period of at least, one month” substituted for “period of at least *one month”
paragraph (6)(1)(xvi)
2. Words “in charge, if different”
substituted for “in charge (if different)”
paragraph (6)(1)(xvi)
Form 16e
Words “charge amounts to …….….
ringgit” substituted for “charge amounts to RM ……..……”
paragraph 6(1)(iii)
Form 16f
1. Words “the sum of ………..….
ringgit” substituted for “the sum of RM ……..……….”
paragraph 6(1)(iii)
2. Words “of the National Land
Code” substituted for “of the
Code”
paragraph (6)(1)(iii)
Form 16g
Words “on ……………..…………”
substituted for “upon the .................
day of ......., 19…”
paragraphs 6(1)(xxiv)
Form 16h
1. Word “FOR” substituted for
“OF”
paragraph 6(1)(xv)
2. Words “on …......………”
substituted for “on the...............
day of …....... (year)…..…”
paragraph 6(1)(xxiv)
3. Word “Malaysia” inserted after the word “Ringgit”
paragraph 6(1)(iii)
4. Words “subparagraph (b) of the first paragraph” substituted for
“paragraph 1(b)”
paragraph 6(1)(xxiv)
5. Words “subparagraph (a)”
substituted for “paragraph (a)”
paragraph 6(1)(xxiv)
Laws of Malaysia 706
Act 828
Provision
Particulars of amendment
Authority for amendment
6. Words “subsubparagraph (i)”
substituted “subparagraph (i)”
paragraph 6(1)(xxiv)
7. Words “not later than ………”
substituted for “not later than the ........ day ............. of ......
(year)
.........”
paragraph 6(1)(xxiv)
8. Words “subparagraph (d)”
substituted “paragraph (d)”
paragraph 6(1)(xxiv)
9. Words “subparagraph (c)”
substituted “paragraph (c)”
paragraph 6(1)(xxiv)
Form 16i
1. Words “the sum of ……..…….
ringgit” substituted for “the sum of RM ………..…….”
paragraph 6(1)(iii)
2. Words “of the National Land
Code” substituted for “of the
Code”
paragraph 6(1)(iii)
Form 16j
1. Words “the provisions of”
omitted paragraph 6(1)(xxi)
2. Word “shall” inserted before the words “pass to me”
paragraph 6(1)(iii)
Form 16k
Comma inserted after the word
“Now, I”
paragraph 6(1)(xvi)
Form 16l
Words “on ………………………..”
substituted for “on the ….………
day of……….…, 19….”
paragraph 6(1)(xxiv)
Form 16m
1. Words “on ………….………..”
substituted for “on the ………
day of………, 19….”
paragraph 6(1)(xxiv)
2. Word “purchaser” substituted for “charger”
paragraph 6(1)(xv)
Form 16n
1. Word “hereby” substituted for
“Hereby”
paragraph (6)(1)(xxiv)
2. Word “Discharged” in the 6th column of the Schedule substituted for “Note of
Discharge (where appropriate)”
paragraph 6(1)(xxiv)
Form 16o
1. Words “*I/we” substituted for
“*I/We”
paragraph 6(1)(xxiv)
2. Words “the prescribed fee o f . … … . . . … … . r i n g g i t ”
substituted for “the prescribed fee of RM …..…….”
paragraph 6(1)(iii)
National Land Code 707
Provision
Particulars of amendment
Authority for amendment
3. Words “Received on ……….”
substituted for “Received on
…... day of ….. (year) ..........”
paragraph 6(1)(xxiv)
4. Words “Approved/Rejected on
……………...” substituted for
“Approved/Rejected on ……..
day of ….. (year) ..........”
paragraph 6(1)(xxiv)
Form 16p
Words “on ………..……………....”
substituted for “on the .................
day of ................ (year) ….......”
paragraph 6(1)(xxiv)
Form 16q
1. Words “order for sale” substituted for “order of sale”
paragraph 6(1)(iii)
2. Words “dated ………..……….”
substituted for “dated ……... day of ................ (year) ….......”
paragraph 6(1)(xxiv)
3. Words “on ………...………....”
substituted for “on the ..............
day of .............. (year) ….....”
paragraph 6(1)(xxiv)
Form 17a
1. Words “the sum of ………..….
ringgit” substituted for “the sum of ringgit …….…….”
paragraph 6(1)(iii)
2. Comma after the words “For no consideration” substituted for semicolon paragraph 6(1)(xvi)
3. Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
4. Semicolon after the words “in perpetuity” substituted for full stop paragraph 6(1)(xvi)
5. Words “beginning on ……......”
substituted for “beginning on the ....... day of …...., 19.....,”
paragraph 6(1)(xxiv)
6. Words “terminating on ……..”
substituted for “terminating on the ...... day of........, 19.....”
paragraph 6(1)(xxiv)
Form 17b
1. Words “CROSS EASEMENTS”,
“PARTY WALL” and “cross easements” substituted for
“ CROSS - EASEMENTS ” ,
“PARTY-WALL” and “cross-easements” respectively paragraph 6(1)(xxiv)
Laws of Malaysia 708
Act 828
Provision
Particulars of amendment
Authority for amendment
2. Words “the sum of …………….
ringgit” substituted for “the sum of RM …………..….”
paragraph 6(1)(iii)
3. Comma after the words “For no consideration” substituted for semicolon paragraph 6(1)(xvi)
4. Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
5. Semicolon after the words “in perpetuity” substituted for full stop paragraph 6(1)(xvi)
6. Words “beginning on ……....”
substituted for “beginning on the ...... day of .........., 19....,”
paragraph 6(1)(xxiv)
7. Words “terminating on ….....”
substituted for “terminating on the ...... day of ........., 19....”
paragraph 6(1)(xxiv)
Form 17c
1. Words “the sum of ……..............
ringgit” substituted for “the sum of ringgit ...................”
paragraph 6(1)(iii)
2. Comma after the words “For no consideration” substituted for semicolon paragraph 6(1)(xvi)
3. Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
Form 18a subparagraph 2(b)
Colon substituted for dash paragraph 6(1)(xvi)
Form 18b paragraph 3
Comma inserted after the words
“section 314”
paragraph 6(1)(xvi)
Form 18c
Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
Form 19a
Word “section” substituted for
“sections”
paragraph 6(1)(xxiv)
Form 19b
Words “the prescribed fee of
............ ringgit” substituted for
“the prescribed fee of RM ...........”
paragraph 6(1)(iii)
Form 19c
Commas before and after the words
“if any” substituted for parentheses paragraph 6(1)(xvi)
Form 19d
Words “the prescribed fee of
................ ringgit” substituted for
“the prescribed fee of RM .............”
paragraph 6(1)(iii)
National Land Code 709
Provision
Particulars of amendment
Authority for amendment
Form 19e
1. Words “the prescribed fee of
......... ringgit” substituted for
“the prescribed fee of RM ......”
paragraph 6(1)(iii)
2. In subparagraph 3(b), dash inserted after the words “which the”
paragraph 6(1)(xvi)
Form 19f
Words “on …………..……….”
substituted for “this …………. day of ………. 19 ……….”
paragraph 6(1)(xxiv)
Form 19g
Words “the prescribed fee of
...................... ringgit” substituted for “the prescribed fee of RM
...............”
paragraph 6(1)(iii)
Form 19h
1. Words “the ….. day of ……....
19 ….” omitted paragraph 6(1)(xxi)
2. Words “the prescribed fee of ............................ ringgit”
substituted for “the prescribed fee of RM ..................”
paragraph 6(1)(iii)
Form 23a paragraph (iii)
1. C o m m a s u b s t i t u t e d f o r semicolon paragraph 6(1)(xvi)
2. Commas substituted for parentheses paragraph 6(1)(xvi)
Form 23b
1. Comma inserted after the words
“extended time”
paragraph 6(1)(xvi)
2. Parentheses omitted paragraph 6(1)(xvi)
Form 28a
1. Word “authorized” substituted for “authorize”
paragraph 6(1)(xv)
2. Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
3. Words “Privately owned”
substituted for “Privately-owned”
paragraph 6(1)(xvi)
Form 28c
Word “hereby” substituted for
“Hereby”
paragraph 6(1)(xxiv)
Form 29a
1. Comma after the word “To”
omitted paragraph 6(1)(xvi)
2. Words “on ………………..….”
substituted for “on the ...............
day of .................., 19”
paragraph 6(1)(xxiv)
Laws of Malaysia 710
Act 828
Provision
Particulars of amendment
Authority for amendment
Form 29b
Words “on …………...………..….”
substituted for “on the ................
day of .................., 19.
paragraph 6(1)(xxiv)
Form 29c
Words “conferred by” substituted for “of”
paragraph 6(1)(iii)
Form 29d
Words “document/s is/are” substituted for “document/s are”
paragraph 6(1)(xxiv)
Form 30d
1. Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
2. Words “of the National Land
Code” inserted after the words
“subsection 416a(4)”
paragraph 6(1)(iii)
Form 30e
1. Word “Federal” inserted before the word “Constitution”
paragraph 6(1)(iii)
2. Words “of the National Land
Code” inserted after the words
“section 416a”
paragraph 6(1)(iii)
Form 30f
Words “of the National Land Code”
inserted after the words “section 416”
paragraph 6(1)(iii)
Form 30g
Words “of the National Land Code”
inserted after the words “subsection 416e(5)”
paragraph 6(1)(iii)
Third Schedule paragraph 1
Word “shophouse” substituted for
“shop-house”
paragraph 6(1)(xvi)
paragraph 4
Word “outbuildings” substituted for
“out-buildings”
paragraph 6(1)(xvi)
paragraph 5
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subparagraph 5(b) 1. Word “building lots” substituted for “building-lots”
paragraph 6(1)(xvi)
2. Parentheses omitted paragraph 6(1)(xvi)
3. Comma inserted after the word
“land”
paragraph 6(1)(xvi)
paragraph 10
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subparagraph 10(b)
1. Parentheses omitted paragraph 6(1)(xvi)
2. Comma inserted after the word
“land”
paragraph 6(1)(xvi)
National Land Code 711
Provision
Particulars of amendment
Authority for amendment paragraph 13
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
paragraph 14
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subparagraph 14(b)
1. Parentheses omitted
2. Comma inserted after the word
“land”
paragraph 6(1)(xvi)
paragraph 6(1)(xvi)
paragraph 16
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subparagraph 16(b)
1. Parentheses omitted
2. Comma inserted after the word
“land”
paragraph 6(1)(xvi)
paragraph 6(1)(xvi)
paragraph 19
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subparagraph 19(b)
1. Parentheses omitted
2. Comma inserted after the word
“land”
paragraph 6(1)(xvi)
paragraph 6(1)(xvi)
Fourth Schedule
Words “PADI OR BENDANG”
substituted for “PADI OR
BENDANG”
paragraph 6(1)(xxiv)
Fifth Schedule
Word “THIS” inserted after the word “UNDER”
paragraph 6(1)(xv)
paragraph 2a
Words “may be” substituted for
“maybe”
paragraph 6(1)(xv)
subparagraph 3(1) Words “No.” inserted after the words
“Johore En.” and “Terengganu En.”
respectively paragraph 6(1)(xix)
subparagraph 3(2) Words “No.” inserted after the words “Kelantan En.” and “Perlis
En.” respectively paragraph 6(1)(xix)
Sixth Schedule paragraph 3
Words “oil colours” substituted for
“oil-colours”
paragraph 6(1)(xvi)
paragraph 4
Words “oil colours” substituted for
“oil-colours”
paragraph 6(1)(xvi)
Laws of Malaysia 712
Act 828
Provision
Particulars of amendment
Authority for amendment paragraph 5
Word “whatsoever” omitted paragraph 6(1)(xxi)
paragraph 6
Word “whatsoever” omitted paragraph 6(1)(xxi)
Tenth Schedule paragraph 6
1. Words “four hundred and twenty”
substituted for “420”
paragraph 6(1)(iii)
2. Words “two hundred and ninety-seven” substituted for “297”
paragraph 6(1)(iii)
paragraph 14
Words “, as the case may be, under paragraph” omitted paragraphs 6(1)(xvi)
and (xxi)
Eleventh
Schedule
Full stop at the end of the Ordinances,
Enactments and Proclamation omitted paragraph 6(1)(xvi)
Twelfth Schedule paragraph 2
Words “subparagraph 136(1)(f)(i)”
substituted for “subparagraph 136(1)
(i)
(f)”
paragraph 6(1)(iii)
paragraph 6
Words “Kelantan En. No.” inserted before the words “26 of 1938”
paragraph 6(1)(iii)
Thirteenth
Schedule
Schedule paragraph 1
Word “shophouse” substituted for
“shop-house”
paragraph 6(1)(xvi)
subparagraph 3(2)
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subsubparagraph 3(2)(b)
Comma substituted for parentheses paragraph 6(1)(xvi)
paragraph 8
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subsubparagraph 8(b)
Comma substituted for parentheses paragraph 6(1)(xvi)
subparagraph 10(2)
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subsubparagraph 10(2)(b)
Comma substituted for parentheses paragraph 6(1)(xvi)
subparagraph 11(2)
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subsubparagraph 11(2)(b)
Comma substituted for parentheses paragraph 6(1)(xvi)
subparagraph 12(2)
Word “shophouses” substituted for
“shop-houses”
paragraph 6(1)(xvi)
subsubparagraph 12(2)(b)
Comma substituted for parentheses paragraph 6(1)(xvi)
National Land Code 713
Provision
Particulars of amendment
Authority for amendment
Fourteenth
Schedule
Schedule paragraph 1
In the definition of “verification document”, word “printout”
substituted for “print-out”
paragraph 6(1)(xvi)
subparagraph 2(b)
Words “cancels and destroys”
substituted for “cancel and destroy”
paragraph 6(1)(xv)
subparagraph 3(b)
Word “Form” before the word “5ck”
omitted paragraph 6(1)(xxi)
subparagraph 4(b)
Word “Form” before the word “5ek”
omitted paragraph 6(1)(xxi)
paragraph 6
Comma inserted after the words
“subsection 177(2)”
paragraph 6(1)(xvi)
subparagraph 6(b)
Word “Form” before the word
“11bk” omitted paragraph 6(1)(xxi)
subparagraph 14(2)
Word “entered” substituted for
“enter”
paragraph 6(1)(xv)
Form 11ak
1. Words “Issue document of title issued on ………....……...…”
substituted for “Issue document of title issued this ……..……..
day of …………...….. 19 …….”
paragraph 6(1)(xxiv)
2. Notes inserted paragraph 6(1)(vii)
Form 11bk
1. Words “Issue document of title issued on …………………...…”
substituted for “Issue document of title issued this ……..……..
day of …………...….. 19 …….”
paragraph 6(1)(xxiv)
2. Notes inserted paragraph 6(1)(vii)
Fifteenth
Schedule
Schedule subparagraph 3(4)
Words “this Act” substituted for
“the Code”
paragraph 6(1)(iii)
paragraph 4a
Words “this Act” substituted for
“the Code”
paragraph 6(1)(iii)
subparagraph 5(7)
Words “the provisions of” omitted paragraph 6(1)(xxi)
subparagraph 5(8)(b) and (c)
Word “the” inserted before the word
“payment”
paragraph 6(1)(xxi)
Laws of Malaysia 714
Act 828
Provision
Particulars of amendment
Authority for amendment paragraph 8
Word “whatsoever” omitted paragraph 6(1)(xxi)
paragraph 10
Words “this Act” substituted for
“the Code paragraph 6(1)(iii)
paragraph 10
Words “this Act” substituted for
“the Code paragraph 6(1)(iii)
Form 1(B)a
Words “the sum of ......................
................ ringgit” substituted for
“the sum of RM ..............................”
paragraph 6(1)(iii)
Form 1(B)b
Words “the sum of ......................
................ ringgit” substituted for
“the sum of RM ..............................”
paragraph 6(1)(iii)
Sixteenth
Schedule
Schedule paragraph 1
1. In definition of “computer document of title”, word
“printout” substituted for “print out”
paragraph 6(1)(xvi)
2. In definition of “digital data”, word “operation” substituted for “force”
paragraph 6(1)(iii)
3. In definition of “land database”, word “operation” substituted for
“force”
paragraph 6(1)(iii)
subparagraph 2(c) Word “cancel” substituted for
“cancels”
paragraph 6(1)(xv)
subparagraph 2(d)
Word “capture” substituted for
“captures”
paragraph 6(1)(xv)
subparagraph 2(e) Word “destroy” substituted for
“destroys”
paragraph 6(1)(xv)
subparagraph 3(b)
Word “Form” before the word
“5Ce” omitted paragraph 6(1)(xxi)
subparagraph 4(b)
Word “Form” before the word
“5Ee” omitted paragraph 6(1)(xxi)
subparagraph 7(1)
Word “operation” substituted for
“force”
paragraph 6(1)(iii)
subparagraphs 7(4) and (4a)
Word “Form” substituted for “Forms”
paragraph 6(1)(iii)
subsubparagraph 7(6)(a)
Comma inserted after the word “B2e”
paragraph 6(1)(xvi)
paragraph 9
Words “Form B1e or B2e” substituted for Form B1e or Form B2e”
paragraph 6(1)(iii)
National Land Code 715
Provision
Particulars of amendment
Authority for amendment subparagraph 13(2)
Word “entered” substituted for
“enter”
paragraph 6(1)(xv)
subparagraph 14(2)
1. Word “capture” substituted for
“captures”
paragraph 6(1)(xv)
2. Word “the” inserted before the word “image”
paragraph 6(1)(iii subparagraph 18(1)
1. Words “sections 67 and 69”
substituted for for “section 67
and section 69”
paragraph 6(1)(xxi)
2. Word “Form” before the word
“4Be” omitted paragraph 6(1)(xxi)
subparagraph 18(2)
Words “Form 4Ce or 4De” substituted for “Form 4Ce or Form 4De”
paragraph 6(1)(iii)
subparagraph 19(1)
Words “Form L1e, L2e, P1e, P2e or P3e” substituted for “Form L1e or Form L2e or Form P1e or Form
P2e or Form P3e”
paragraph 6(1)(iii)
subparagraph 19(3)
Words “Form L1e, L2e, P1e, P2e or P3e” substituted for “Form L1e or Form L2e or Form P1e or Form
P2e or Form P3e”
paragraph 6(1)(iii)
subparagraph 22(1)
Word “operation” substituted for
“force”
paragraph 6(1)(iii)
Form B1e
Words “Dated on ……” substituted for “Dated ….”
paragraph 6(1)(xxiv)
Form B2e
Notes inserted paragraph 6(1)(vii)
Form 11Ae
Notes inserted paragraph 6(1)(vii)
Form 11Be
Notes inserted paragraph 6(1)(vii)
Form 4Ae
1. Parentheses omitted paragraph 6(1)(xvi)
subparagraph 5(b)
2. Words “the provisions of”
omitted paragraph 6(1)(xxi)
Form 4Be
1. Parentheses omitted paragraph 6(1)(xvi)
paragraph (3)
2. C o m m a s u b s t i t u t e d f o r parentheses paragraph 6(1)(xvi)
3. Words “the rate of ...................
............. ringgit” substituted for
“the rate of RM ……................”
paragraph 6(1)(iii)
Laws of Malaysia 716
Act 828
Provision
Particulars of amendment
Authority for amendment subparagraph 8(b)
4. Words “the provisions of”
omitted paragraph 6(1)(xxi)
Form 4Ce
1. Parentheses omitted paragraph 6(1)(xvi)
paragraph (4)
2. Words “the rate of ...................
............. ringgit” substituted for
“the rate of RM ……................”
paragraph 6(1)(iii)
subparagraph 8(b)
3. Words “the provisions of”
omitted paragraph 6(1)(xxi)
Form 4De
Parentheses omitted paragraph 6(1)(xvi)
Form 4Ee
1. Words “the provisions of”
omitted paragraph 6(1)(xxi)
2. Parentheses omitted paragraph 6(1)(xvi)
3. Notes inserted paragraph 6(1)(vii)
Form P3e
1. Words “Area of Land Approved”
substituted for “Area of Land approved”
paragraph 6(1)(xxiv)
2. Notes inserted paragraph 6(1)(vii)
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
WJW015175 17-07-2020