NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 (REVISED - 1994)
This Act may be cited as the National Land Code (Penang and Malacca Titles) Act 1963 .
(1) This Act shall apply to the States of Penang and Malacca.
(2) Nothing in this Act shall be deemed to affect any law relating to the imposition or levy by the Government of the Federation or the State or by any local authority of any taxes, duties, rates, charges or other outgoings on land, or to any encroachment on State lands, or to drainage works and irrigation areas, for the time being in force in the State, nor shall anything herein (other than section 97) be deemed to affect the custom called the Naning Custom.
(1) The Yang di-Pertuan Agong may appoint for each State a Director of Land Titles, and one or more Deputy Directors of Land Titles, as he may consider necessary for the due execution of this Act.
[Am. by Act A113: s.2]
(2) [Repealed by Act 55 of 1965] .
(3) Subject to any rules made under section 114, the Director shall have the general direction and control of all officers appointed under subsection (1).
(4) Every officer appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] .
Every officer appointed under section 6 shall have and may use a seal of office inscribed with the title of his office; and every instrument bearing the imprint of such seal and purporting to be signed or issued by such officer shall be received in evidence and, unless the contrary intention be shown, shall be deemed without further proof to be issued by or under the direction of the Director.
No action, suit or proceeding shall lie against any officer appointed under section 6 for anything done or omitted to be done by him in good faith in the intended exercise of any power or performance of any duty provided or imposed by this Act.
(1) The Director and the Deputy Director shall have and may exercise the following powers:
(a) for the purposes of this Act to enter upon and have free access to any land in the State, and to make enquiries and to do or cause to be done all things necessary for effecting the survey demarcation of the boundaries of any such land;
(b) for the purpose of satisfying himself of the validity of any title or interest in land, or for any purpose of this Act, to call upon the holder (including a mortgagee, lessee or any other person who may have an interest in land) of any title or interest in land, or any class or description of such holders, to produce for inspection by him any document of original title or other deed or document in his or their possession, to require any person to give the Director information as to the whereabouts of any deeds or documents or as to the person or persons in whose custody they ma
10 PART II ADMINISTRATION Chapter 1 - Areas and Officers-10. Powers of a Land Administrator.
(1) The Director and the Deputy Director shall be deemed to have all the powers conferred upon a Land Administrator by the National Land Code.
(2) [Repealed by Act 55 of 1965] .
11 Chapter 2 - Land Titles Appeal Board-11. Land Titles Appeal Board.
(1) There shall be established a Land Titles Appeal Board for the State consisting of:
(a) a chairman, who shall be appointed by and shall hold office during the pleasure of the Yang di-Pertua Negeri;
(b) one member who shall be an advocate and solicitor resident and practising in the State;
(c) one member who shall be either a public officer with experience of land administration or a surveyor licensed under the Licensed Land Surveyors Act 1958.
(2) The members of the Board referred to in subsection (1) (b) and (c) shall be appointed by the Yang di-Pertua Negeri in such manner and shall hold office for such periods and subject to such conditions as the Yang di-Pertua Negeri may determine.
(3) The Minister may, after consultation with the Yang di-Pertua Negeri, by notification in the Gazette prescribe a scale of allowances for the cha
12 Chapter 2 - Land Titles Appeal Board-12. Meetings of the Board.
(1) The Board shall meet at such times and such places as the chairman may appoint.
(2) The quorum at all meetings of the Board shall be two members present.
(3) The member presiding at any meeting of the Board shall have an original vote and also, if upon any question the votes shall be evenly divided, a casting vote.
(4) The Board may make regulations for the conduct of its business.
13 Chapter 2 - Land Titles Appeal Board-13. Proceedings of the Board.
(1) The proceedings of the Board shall be open to the public and minutes thereof, including a note of any oral evidence given before the Board, shall be kept by the chairman or other member presiding.
(2) Any person claiming to be interested in any proceedings before the Board may apply to the Board to be made a party thereto, and the Board may in its discretion allow any such application.
(3) All summonses, orders and notices issued under the hand of the secretary of the Board shall be deemed to be issued by the Board.
(4) The proceedings of the Board shall be judicial proceedings, and the members of the Board shall be public servants, within the meaning of the Penal Code [F.M.S.Cap. 45] .
14 Chapter 2 - Land Titles Appeal Board-14. Power to appoint secretary, etc .
(1) The Board may appoint a secretary and such other officers as from time to time shall appear to be necessary for the discharge of the functions of the Board.
(2) The secretary shall not be a member of the Board and shall not have any vote in its deliberations.
15 Chapter 2 - Land Titles Appeal Board-15. Appeals.
Any person who is aggrieved by any decision given by the Director under this Act may, unless such decision relates to a matter in which the decision of the Director is final, within one month therefrom appeal to the Board by lodging with the secretary to the Board an application in duplicate in Form B.
16 Chapter 2 - Land Titles Appeal Board-16. General powers of the Board.
The Board shall have and may exercise the following powers:
(a) all the powers conferred on the Director by this Part;
(b) power to hear and determine any appeal lodged under section 15 and to make such order thereon as it may think just;
(c) power to award costs to parties in proceedings before the Board:
Provided that such costs shall not exceed in any case the costs which would be assessed in respect of such proceedings if they were brought in a Sessions Court.
17 Chapter 2 - Land Titles Appeal Board-17. Orders of the Board.
(1) The Board shall, before making any order under section 16 (b), give the Director and any interested parties an opportunity of being heard either personally or by advocate and solicitor, and of producing such evidence, oral or documentary, as seems relevant to the Board.
(2) The Director shall, in so far as any order of the Board affects any entry in the Interim Register, correct the Interim Register accordingly:
Provided that in making any such correction he shall not erase or render illegible the original words of the Register, and shall affix the date of the order and the date on which such correction was made, with his initials.
18 Chapter 3 - Questions of Law-18. Power to reserve question of law for Court.
(1) The Director or the Board may, at any stage of any enquiry or proceeding, reserve for the consideration of the Court any question of law arising in such enquiry or proceeding, in the form of a special case, which shall:
(a) set out shortly the facts to which the law is to be applied and the question or questions of law to be determined;
(b) be sent to the Chief Registrar, Registrar, Deputy Registrar, Senior Assistant Registrar or Assistant Registrar of the Court; and
(c) be set down for argument in such manner as the Court directs.
(2) When any question is referred to the Court under this section:
(a) the reference may be heard and disposed of by a Judge in chambers;
(b) the Court shall not give any opinion upon any such question unless it is satisfied that the Director and all persons who in the opinion of the Court
19 Chapter 3 - Questions of Law-19. Appeals on points of law.
(1) An appeal shall lie to the Court on a point of law from any decision of the Board.
(2) An appeal under subsection (1) may be brought by any party aggrieved by the decision of the Board, or by the Director, and shall be brought before the Court by means of a notice of appeal lodged within six weeks after the date on which the decision of the Board was made.
(3) The procedure governing appeals to the Court under this section shall be the same as for appeals to the Court from decisions of Sessions Courts in civil matters.
20 Chapter 4 - General-20. Evidence at enquiries, etc .
(1) In conducting any enquiry or proceeding under this Act it shall not be necessary for the Director or the Board:
(a) to take down the evidence of any witness in any such enquiry or proceeding verbatim , unless requested to do so by such witness or by any other person appearing in the course of the same enquiry or proceeding, or if the Director or the Board, as the case may be, shall think it desirable to do so:
Provided that the substance of such evidence shall be recorded;
(b) to put in writing any decision given or order made, except in a short and concise form, showing the reasons for arriving at such decision or order.
(2) The record of all evidence, whether oral or documentary, taken by the Director or the Board at any enquiry or proceeding under this Act shall be made up in a separate file together with the decision or order of the Director or the Board thereo
21 Chapter 4 - General-21. Review of orders of the Director and the Board.
A decision or order of the Director or the Board may be reviewed, varied or set aside by the Director or the Board, as the case may be, in any of the following cases:
(a) where the decision or order was made in consequence of any fraud, misrepresentation or mistake;
(b) where fresh evidence of a material nature, which could not by the exercise of reasonable diligence have been produced when the decision was given or the order was made, is available;
(c) when the decision or order was made in the absence of any necessary or proper party whose absence was not due to any default or neglect on his part; or
(d) when, in the opinion of the Director or the Board, as the case may be, substantial injustice has been occasioned by the decision or order.
22 Chapter 4 - General-22. Cesser of powers upon indefeasibility.
The powers conferred by this Part upon the Court, the Board, the Director and any other officer shall cease to be exercisable in relation to any holding as soon as the replacement title thereto has become indefeasible pursuant to Part VII.
23 Chapter 4 - General-23. [Repealed by Act 55 of 1965] .
24 PART III THE INTERIM REGISTER Chapter 1 - General-24. Provision relating to Malacca.
No land or holding which immediately before the appointed day was subject to the Malacca Lands Customary Rights Ordinance or to any title by entry in the Mukim Register kept under section 15 of that Ordinance, or to any mutation in title to such customary rights, shall be entered in the Interim Register, and no provisions of this Act, other than this section and of Parts I, II, VIII, IX and X, shall apply to any such land or holding.
25 Chapter 2 - Holdings-25. Powers of the Director relating to holdings.
For the purpose of ascertaining the boundaries of holdings and preparing and maintaining an Interim Register under this Part, the Director shall have and may exercise (but without prejudice to the generality of the powers conferred on him by section 9) the following powers:
(a) to enter upon and investigate the boundaries of a holding and to order that such boundaries be confirmed or varied in accordance with this Part;
(b) to inspect and take copies of all records, plans and other documents relating to such holdings available in the office of the Director of Survey, in the Registry of Deeds, the registry of mutations of title, the Land Office, and any other public office in the State;
(c) where there is any dispute concerning the boundaries of a holding or where the Director is in doubt concerning the correctness of any such boundary, to hold an enquiry in respect thereof in exercise of t
26 Chapter 2 - Holdings-26. Limitations on powers of the Director.
Without prejudice to the generality of the powers conferred on him by this Act, the Director shall not be required, for the purpose of preparing the Interim Register:
(a) to inspect any records, plans or documents other than those to which he has access under section 25 (b) ; or
(b) to deduce the title to any holding for a period of more than twelve years prior to the appointed day, or for a period extending further back than a grant or lease by the Crown or the State, whichever shall be the shorter:
Provided that nothing in this paragraph shall be deemed to prejudice the powers of the Director to deduce a title to any holding for any period extending further back than any such period.
27 Chapter 2 - Holdings-27. Special provision relating to enquiries by the Director.
(1) Whenever in exercise of the powers conferred on him by section 25 (c) the Director shall hold an enquiry, any person interested may appear before the Director either personally or by an advocate and solicitor.
(2) Where all the persons interested in any holding which is the subject of an enquiry under section 25 (c) are in agreement upon the matter in dispute, the Director may make an order in accordance with such agreement:
Provided that the Director shall not make any order which is inconsistent with this Act or the National Land Code.
(3) Any order made in respect of any holding in any enquiry held by the Director under this Part shall be final and conclusive with respect to the area and boundaries of such holding and shall be binding upon all persons having or acquiring any interest therein and upon their successors in title.
(4) For the purposes of this section "person interested" includes any pe
28 Chapter 2 - Holdings-28. Applications relating to boundaries of holdings.
(1) Subject to section 29, any person interested in any holding who claims that any boundary mark relating thereto is incorrectly placed may apply to the Director in Form C, specifying the grounds of his claim and the evidence in support thereof.
(2) Where in exercise of the powers conferred on him by section 25 (d) the Director shall reject any such claim, such rejection shall be final and conclusive.
(3) Where the Director is satisfied that the claimant has a prima facie case he shall proceed to hold an enquiry under this Act.
29 Chapter 2 - Holdings-29. Finality of certain boundaries.
(1) Where the boundary of any holding has been or is deemed to have been finally ascertained or confirmed under the Boundaries and Survey Maps Ordinance [S.S.Cap. 130] , the Malacca Re-surveys Ordinance [S.S. Cap. 132] or the Penang Corrected Re-surveys Ordinance 1950 [Ord. 57 of 1950] , such boundary shall be deemed for the purposes of this Part to be final and conclusive and shall not be called in question in any proceedings under this Act.
(2) Where the proprietor or mortgagee of any holding or any of his predecessors in title has, by any conveyance or other instrument or in any enquiry under this Act, dealt with or accepted the boundaries of such holdings as surveyed on the appointed day such boundary shall be deemed for the purposes of this Part to be final and conclusive and shall not be called in question in any proceedings under this Act.
(3) Nothing in this section shall apply to any land in the State o
30 Chapter 2 - Holdings-30. Seashore and riverine holdings.
(1) Where the boundaries of a holding abutting on any part of the foreshore or the bank of any river have not been surveyed by right-lines immediately before the appointed day, then such boundaries shall be deemed to follow the line of any survey traverse made by or on behalf of the Director of Survey before the appointed day for the purpose of determining the line of such foreshore or bank (being a traverse which immediately before the appointed day was still effective for that purpose):
Provided that:
(a) where no such traverse exists the Director shall order that such boundaries be surveyed by right-lines as soon as may be after the appointed day; and
(b) where a revetment, sea wall, river wall or other permanent structure has been lawfully built prior to the appointed day along the line of the foreshore or bank the boundary of the holding shall (unless such boundary shall operate to the disadva
31 Chapter 3 - Preparation and Maintenance of the Interim Register-31. Director to prepare and maintain Interim Register.
(1) The Director shall prepare and maintain in accordance with and for the purposes of this Act a register of all holdings in the State.
(2) The Register prepared and maintained under subsection (1) shall be called the Interim Register and shall consist of a series of folios compiled in the serial order of the lot numbers allotted to the holdings included therein.
(3) Each folio of the Interim Register shall:
(a) relate to a single holding;
(b) be in the form of and contain the particulars prescribed in Form D;
(c) be bound in such manner and in a volume containing such number of folios as the Director may think fit; and
(d) be endorsed with the rent payable for the holding.
(4) The Director shall affix to each volume of the Interim Register a certificate under his hand and seal certifying:
(a) that the volume is part of the Interim Register
32 Chapter 3 - Preparation and Maintenance of the Interim Register-32. Interim Register to be a public document.
Each volume of the Interim Register shall be a public document for the purposes of the Evidence Act 1950.
33 Chapter 3 - Preparation and Maintenance of the Interim Register-33. Where the title to a holding is not clear.
(1) Whenever the Director is not satisfied of the nature, extent or proprietorship of any pre-existing interest in any holding, or in respect of any other matter arising out of or connected with such holding he shall unless he considers that such matter is of a trivial nature or occasioned by a minor error, defect or irregularity, thereupon endorse the appropriate folio of the Interim Register with the words "Title not clear", and shall sign and date such endorsement and seal it with his seal.
(2) Every endorsement made on any folio of the Interim Register under subsection (1) shall have the same force and effect, and may be withdrawn or released, as if it were a caveat presented by the Director in respect of such holding under the National Land Code.
34 Chapter 3 - Preparation and Maintenance of the Interim Register-34. Correction of errors.
(1) At any time before the title to a holding has become indefeasible pursuant to Part VII the Director may, in relation to any entry in the Interim Register relating to such holding, and whether or not he has held an enquiry in respect thereof:
[Am. by Act 11/68]
(a) correct any folio of the Interim Register which he is satisfied is incorrect, whether due to the inclusion of land included in another folio, or the incorrect description of the parcels or boundaries of the holding comprised therein, or for any other reason;
(b) correct any erroneous entry in the Interim Register; or
(c) add to the Interim Register any matter that has been erroneously omitted therefrom.
(2) Any correction made under subsection (1) shall be made in such manner as to leave the erroneous matter legible, and shall be authenticated by the Director's initials, to
35 PART IV REPLACEMENT TITLE Chapter 1 - General-35. Presumption relating to replacement title.
Every replacement title to which any person shall be entitled under this Part shall be deemed to arise under this Part without any formal alienation or approval thereof.
36 Chapter 2 - Creation of Replacement Title-36. Extinguishment and replacement of existing interests.
Subject to this Act, upon the appointed day all pre-existing interests in all lands in the State shall be extinguished and there shall be vested in all persons in whom were vested such corresponding interests in the holdings created in relation to such lands under this Act, and the right to such replacement titles to such holdings, as are provided by this Chapter; and unless otherwise provided by this Act, every pre-existing deed relating to a holding shall, on and after the appointed day, have effect only as evidence of the nature and extent of any pre-existing interest in such holding:
Provided that except in so far as any other provision is made by this Act nothing in this section shall be construed as preventing any such deed from operating as a contract, or as affecting the rights or liabilities of any person thereunder, either at law or in equity.
37 Chapter 2 - Creation of Replacement Title-37. General incidents of replacement title.
Upon the appointed day, and thereafter until the title to a holding shall have been declared indefeasible in accordance with Part VII:
(a) a replacement title to such holding and all interests therein shall be conclusive only to the extent that the pre-existing interests therein were conclusive according to pre-existing law;
(b) the proprietor of such holding and all other persons entitled to any interest therein shall hold such title or interest subject to the pre-existing law applicable thereto which are not inconsistent with this Act;
(c) the proprietor of such holding and all other persons entitled to any interest therein shall in any dealing in respect thereof under Part VI be bound by the covenants for title contained in section 7 of the Conveyancing and Law of Property Ordinance [S.S.Cap. 118] .
38 Chapter 2 - Creation of Replacement Title-38. Replacement title protected from adverse possession.
(1) On and after the appointed day no title or interest adverse to or in derogation of the replacement title or any replacement interest vested in the proprietor of any holding or in any other person pursuant to this Chapter shall be acquired by any length of possession by virtue of the Limitation Act 1953 [Act 254] , or otherwise, nor shall such replacement title or replacement interest be extinguished by the operation of that Act.
(2) Nothing in this section shall affect:
(a) the right of any person to make any claim (whether by virtue of adverse possession or otherwise) under section 53, or the due investigation and disposal of such claim;
(b) the powers of the Court, the Board or the Director to make any decision or order under this Act; or
(c) the exercise of any powers conferred by the National Land Code.
39 Chapter 2 - Creation of Replacement Title-39. Replacement titles.
The replacement title in respect of any holding to which a person has a right under section 36 shall be:
(a) a grant (first grade);
(b) a grant;
(c) a State lease; or
(d) any of the titles mentioned in the preceding paragraphs with a Mukim indication,
as may be appropriate in relation to such holding under this Chapter.
40 Chapter 2 - Creation of Replacement Title-40. Grant (first grade).
(1) Where the document of original title to a holding is a grant, indenture or other form of title made or issued by the Dutch Authorities or by the East India Company or by any Government of the State, and such title created a pre-existing estate in such holding consisting of or in the opinion of the Director equivalent to an estate in fee simple, a grant (first grade) shall be issued in respect of such holding.
(2) [Repealed by Act 55 of 1965] .
(3) [Repealed by Act 55 of 1965] .
41 Chapter 2 - Creation of Replacement Title-41. Grant.
Where the document of original title to a holding is either a statutory grant issued under the Lands Ordinance or a lease for nine hundred and ninety-nine years a grant shall be issued in respect of such holding.
42 Chapter 2 - Creation of Replacement Title-42. State lease.
(1) Where the document of original title to a holding is a lease for a term of less than nine hundred and ninety-nine years and issued under or prior to the coming into force of the Lands Ordinance [S.S.Cap. 113] a State lease shall be issued in respect of such holding.
(2) The term of any lease issued under subsection (1) shall commence on the appointed day and shall be equal to the term unexpired immediately before that day of the pre-existing Crown or State lease of the holding.
43 Chapter 2 - Creation of Replacement Title-43. Mukim indication.
(1) Where any holding (or any subdivision of a holding made under section 46) consists of country land not exceeding 4.047 hectares in area, the Director, unless he is satisfied that the particular circumstances relating to the holding or to the area in which the holding is situated otherwise require, shall endorse on the relevant folio of the Interim Register:
(a) in the case of a grant (first grade), the words "Mukim Grant (First Grade)";
(b) in the case of a grant, the words "Mukim Grant"; and
(c) in the case of a State lease, the words, the words "Mukim Lease".
(2) The words endorsed under subsection (1) shall have effect only as an indication that the final documents of title, when issued, will be documents of Land Office title.
44 Chapter 2 - Creation of Replacement Title-44. Title by adverse possession.
Where any pre-existing interest in a holding has been acquired by adverse possession and the right of action accruing in respect of such possession has been barred by the Limitation Act 1953, then such form of replacement title as is referred to in section 39 shall be issued, or such replacement interest shall be endorsed on the appropriate folio of the Interim Register, as the Director may consider appropriate to accord due recognition to such interest.
45 Chapter 2 - Creation of Replacement Title-45. Conditions, etc., of replacement titles.
(1) Every replacement title shall be subject to the implied condition that:
(a) the land to which the title relates shall be liable to be re-entered by the State if it is abandoned for a period of three years or more; and
(b) after any such re-entry neither the proprietor nor any other person shall have any further right in or claim to the land or any interest therein:
Provided that, if within six years after the date of any such re-entry the last proprietor or any other person establishes a claim to the land or an interest therein to the satisfaction of the State Director of Lands and Mines, there may be paid to him such monetary compensation (not exceeding the value of the land or interest as appraised by the State Director) as the Yang di-Pertua Negeri may direct.
(2) Every replacement title shall be subject:
(a) to any express covenants, condi
46 Chapter 2 - Creation of Replacement Title-46. Merger and division of titles.
(1) Subject to this section, where the Director is satisfied that:
(a) a document of original title relates to part only of a holding; or
(b) two or more documents of original title relate to different parts of one holding,
he may, instead of issuing the appropriate separate titles under sections 40 to 44 (referred to in this section as separate titles) issue a single replacement title for the holding (referred to in this section as a merged title).
(2) Where the separate titles are of different kinds, then:
(a) if there is a majority title and either:
(i) it is superior to the other separate titles; or
(ii) whether or not it is superior to the other separate titles, the proprietor and any mortgagees consent,
the Director may issue a merged title in the same form as the majority title:
47 Chapter 2 - Creation of Replacement Title-47. Estates in absolute possession.
(1) Where a pre-existing estate in absolute possession in any holding is vested:
(a) in any person, such person shall, subject to paragraphs (b) and (c) , be registered in the Interim Register as the proprietor thereof;
(b) in two or more persons as tenants in common, such persons shall be registered in the Interim Register as proprietors of undivided shares therein, proportionate to the pre-existing interest of each such person;
(c) in two or more persons as joint tenants, such persons shall be registered in the Interim Register as co-proprietors thereof, "with a right of survivorship".
(2) In this section:
"estate in absolute possession" means an estate in possession arising under any pre-existing interest, other than one acquired by adverse possession, and which:
(a) is not the sub
48 Chapter 2 - Creation of Replacement Title-48. Leaseholds.
(1) Where a pre-existing estate in possession in any holding is vested in a lessee under a lease (other than one referred to in subsection (3)) then subject to Chapter 2 of Part V:
(a) the lessor or other person entitled to the reversion therein shall be deemed to hold the replacement title and shall be registered in the Interim Register as the proprietor thereof; and
(b) the person in whom the pre-existing estate in possession is vested shall be registered in the Interim Register as the lessee under such lease.
(2) Where a pre-existing estate in possession in any holding is vested in a sublessee then subject to Chapter 2 of Part V the person in whom such estate is vested shall be registered in the Interim Register as the sublessee thereof.
(3) At any time during the currency of any pre-existing lease or sublease of a holding not exceeding three years and excluded from operati
49 Chapter 2 - Creation of Replacement Title-49. Mortgages, etc .
(1) Where a pre-existing estate in possession in any holding is vested in any person under a mortgage, then subject to Chapter 3 of Part V:
(a) the mortgagor or owner of the equity of redemption therein shall be deemed to hold the replacement title and shall be registered in the Interim Register as the proprietor thereof;
(b) the person in whom the pre-existing estate in possession was vested shall be registered in the Interim Register as the mortgagee under such replacement title.
(2) A replacement title issued in respect of any holding referred to in subsection (1) shall be endorsed as subject to a replacement mortgage by virtue of the pre-existing mortgage.
(3) Where any interest in any holding, other than a pre-existing estate in possession, is vested in any person under a pre-existing mortgage or charge (including a rent-charge), then subject to Chapter 3 of Part V the re
50 Chapter 2 - Creation of Replacement Title-50. Settled estates.
Where any holding or any estate or interest therein is a pre-existing settled estate, then subject to Chapter 4 of Part V such person as may be entitled to the possession or to the receipt of the rents and profits of such settled estate for a term of years determinable on his death, or for any estate for life, or any person entitled to such possession or receipt as the assignee of any such person shall be registered in the Interim Register as the proprietor thereof for life, as trustee.
51 Chapter 2 - Creation of Replacement Title-51. Easements and public rights of way.
Where any holding is subject to a pre-existing easement or public right of way, the replacement title shall be subject to a registered easement or public right of way, to the extent provided by section 71 or 73, as the case may be.
52 Chapter 2 - Creation of Replacement Title-52. [Repealed by Act 55 of 1965 .
53 Chapter 3 - Claims relating to Replacement Titles-53. Presentation of claims.
(1) Any person claiming:
(a) that immediately before the appointed day he had any pre-existing interest in any holding in respect of which no corresponding replacement title or interest is entered in the Interim Register; or
(b) that any replacement title or interest entered in the Interim Register has been entered wrongly or in error or is or has been extinguished by non-user or otherwise,
may present to the Director a claim in respect thereof in Form E.
(2) Upon receiving any claim under subsection (1) the Director shall thereupon endorse upon the appropriate folio of the Interim Register a notice of such claim, and upon the making of such endorsement every person dealing with such holding shall be deemed to deal with it subject to and with notice of such claim.
(3) After making the endorsement required by subsection (2) the Director shall as soon as may be thereafte
54 Chapter 3 - Claims relating to Replacement Titles-54. Enquiry by Director.
(1) Whenever every person on whom a notice of any claim has been served under section 53(3) admits such claim the Director shall by writing under his hand and seal amend the Interim Register as may be necessary (subject to this Act) to give effect to such claim, and shall cancel the endorsement made under section 53(2).
(2) Whenever any person on whom a notice of any claim has been served under section 53(3) within one month of the date upon which such notice is served on him objects to or fails to admit such claim, the Director shall hold an enquiry and shall give notice to all persons interested therein of the date when and the time and place at which he proposes to hold such enquiry.
(3) At any enquiry held under subsection (2) the Director may confirm, amend or reject any claim, as he may think just, and shall so notify all persons interested therein:
Provided that he shall not cancel any endorsement made under section 53(2)
55 Chapter 3 - Claims relating to Replacement Titles-55. Reference to Court.
(1) Whenever any question arises in any claim made under section 53 concerning:
(a) the performance of any of the duties or the exercise of any of the powers imposed or conferred upon the Director by this Act;
(b) any difficult question of law, or the true construction or validity or effect of any instrument, or concerning the person entitled to any holding or any interest therein, or the extent or nature of the right, interest, power or authority of any person or class of persons; or
(c) any matter in respect of which any entry ought to be made by the Director in the Interim Register, or the manner in which any doubtful or uncertain right or interest should be dealt with by the Director under this Act,
and the Director considers that such question cannot be disposed of by him in exercise of the powers conferred on him by Part II, he may refer such question to the Cou
56 PART V EFFECT OF INTERIM REGISTRATION Chapter 1 - General-56. Interpretation.
In this Part, unless the context otherwise requires, a reference to a lease, mortgage, charge or easement means a lease or sublease, a mortgage, submortgage or charge, or an easement, as the case may be, to which this Part is applied under Part IV.
57 PART V EFFECT OF INTERIM REGISTRATION Chapter 1 - General-57. Restrictions to bind proprietor.
Where any pre-existing restriction or limitation in interest relating to any holding is endorsed on any folio of the Interim Register, such restriction or limitation shall, subject to this Part, bind every proprietor of such holding.
58 PART V EFFECT OF INTERIM REGISTRATION Chapter 1 - General-58. Limitations of replacement title.
Where any person is under this Act registered as the proprietor of any holding in the Interim Register such person shall be deemed to hold the replacement title thereto under and subject to this Act; and such person shall hold such holding free from all pre-existing interests and encumbrances except such as may be entered in the Interim Register, but subject to:
(a) any pre-existing easement or public right of way recognised under this Act;
(b) the power to correct errors in the Interim Register conferred on the Director by section 34;
(c) the right of any person in occupation of the holding or any part thereof immediately before the appointed day under any lawful tenancy thereof.
59 PART V EFFECT OF INTERIM REGISTRATION Chapter 1 - General-59. Saving for fraud, contractual rights, etc .
Nothing in section 58 shall be held to prejudice the rights and remedies of any person:
(a) to have the registered title of a proprietor defeated on the ground of fraud or forgery to which such proprietor or his agent was a party or in which he or his agent colluded;
(b) to enforce against a proprietor any contract to which that proprietor was a party;
(c) to enforce against a proprietor who is a trustee the provisions of a trust;
(d) to recover from a proprietor any holding or any part thereof acquired by him from a person under a legal disability which was known to the proprietor at the time of dealing;
(e) to recover from a proprietor any holding or any part thereof which has been unlawfully acquired by him in purported exercise of any power or authority conferred or created by any written law; or
(f) to enforce any judgment or award of
60 PART V EFFECT OF INTERIM REGISTRATION Chapter 1 - General-60. Evidence of entries in Interim Register.
Every copy of a folio of the Interim Register duly authenticated under the hand and seal of the Director shall be received in evidence in any court, or before any person having by law or by the consent of the parties appearing before him authority to admit evidence, as prima facie proof of all the particulars and matters contained in or endorsed on the original folio, and that the person named as proprietor therein or in any memorial or endorsement thereon is or was at the relevant time entitled to the interest specified or described therein in relation to the holding included in such folio.
61 Chapter 2 - Leases-61. Saving of pre-existing rights, etc .
Notwithstanding section 36, every replacement lease or sublease endorsed upon the replacement title to any holding in the Interim Register under section 48 shall, except as otherwise provided therein or by this Act:
(a) be as valid and effectual as was the pre-existing lease or sublease relating to such holding immediately before the appointed day;
(b) continue to be subject to the pre-existing law regulating such lease or sublease and to all the rights and remedies available thereunder;
(c) not affect, or prejudice the enforcement of any estate, right or interest affecting or in derogation of the power to grant the pre-existing lease or sublease of such holding and subsisting or capable of arising immediately before the appointed day.
62 Chapter 3 - Mortgages and Charges-62. Saving of pre-existing rights, etc .
(1) Notwithstanding section 36, every replacement mortgage or charge endorsed upon the replacement title to any holding in Interim Register under section 49 shall, except as otherwise provided therein or by section 64 or any other provision of this Act:
(a) be as valid and effectual as was the pre-existing mortgage or charge relating to such holding immediately before the appointed day;
(b) be deemed to charge such holding as security to the like extent as may be provided by such pre-existing mortgage or charge.
(2) Subject to subsection (1), the Conveyancing and Law of Property Ordinance [S.S. Cap.118] shall continue to apply mutatis mutandis to replacement mortgages and charges registered under this Act; and for the purposes of such application, unless the context otherwise requires, where used in such Ordinance:
(a) "conveyance" inclu
63 Chapter 3 - Mortgages and Charges-63. Priorities of mortgages.
Subject to this Part and to any memorial of postponement in the Interim Register, replacement mortgages and charges relating to the same holding shall as between themselves rank according to the order in which the pre-existing mortgages and charges had priority under the Registration of Deeds Ordinance [S.S. Cap. 121] or the Mutations in Titles to Land Ordinance [S.S. Cap. 126] ; and subject to this Act and of any pre-existing agreement or law the first mortgagee so registered shall have the right to custody of the deeds relating to such holding.
64 Chapter 3 - Mortgages and Charges-64. Procedure on exercise of power of sale, etc .
Whenever under any provision of the pre-existing law the right to any remedy would but for this section be exercisable by a mortgagee or any person for the time being entitled to receive and give a discharge for mortgage money under any replacement mortgage or by a chargee under any charge or other right endorsed upon a replacement title under this Act, such right shall be exercised in accordance with the Fourth Schedule, and not otherwise.
65 Chapter 3 - Mortgages and Charges-65. Discharge of mortgage or charge.
Upon the repayment or satisfaction of the debt secured by any replacement mortgage or charge of any holding the mortgagee or chargee shall execute a memorandum of discharge in Form H and upon the registration of such memorandum such holding shall thereupon be discharged from such mortgage or charge.
66 Chapter 4 - Trusts and Settlements-66. Trusts generally excluded from Interim Register.
The Director shall as far as possible exclude from the Interim Register references to trusts, whether express, implied or constructive.
67 Chapter 4 - Trusts and Settlements-67. Pre-existing trusts, etc , to continue.
Whenever any holding is subject to a pre-existing trust or settlement such trust or settlement shall, whether or not it has been registered under the Registration of Deeds Ordinance or the Mutations in Titles to Land Ordinance, remain valid and effectual on or after the appointed day:
Provided that where any provision of such trust or settlement has vested or purported to vest in any person any estate in possession, whether in trust or beneficially or for life or a term of years, such provision shall not be deemed to have vested such estate unless it has been duly registered under such Ordinance before the appointed day.
68 Chapter 4 - Trusts and Settlements-68. Where person entitled to be registered as proprietor is an infant.
Whenever any person entitled to be registered as the proprietor of any holding under this Act is on the appointed day under the disability of infancy his parent or guardian shall be registered in the Interim Register as the proprietor of such holding as trustee.
69 Chapter 4 - Trusts and Settlements-69. Registration "as trustee".
The Director:
(a) shall, whenever he is satisfied that pursuant to section 50 or 68 any person should be registered as the proprietor of any holding as trustee; and
(b) may, whenever he is satisfied that in any other case it is proper so to do,
enter upon the replacement title of any holding in the Interim Register an endorsement that the proprietor thereof holds such land "as trustee":
Provided that where the Director is satisfied that such proprietor is a trustee for sale he shall not make any such endorsement.
(2) Any proprietor registered "as trustee" of any holding under subsection (1) shall hold such holding in trust for the persons and for the purposes for which it is applicable by law.
(3) Subject to this Act and the National Land Code [56/65] , and of any caveat affecting such title or interest, neither the Director nor any person dealing with
70 Chapter 4 - Trusts and Settlements-70. Act not to affect powers under certain laws.
Nothing in this Part shall be deemed to affect the exercise of any of the powers conferred upon any person, trustee or Court under the Settled Estates Ordinance and the Trustee Act 1949.
71 Chapter 5 - Easements and Restrictive Covenants-71. Registration of casements.
(1) Where the Director is satisfied that a pre-existing easement affecting any holding is of such a kind that, if it were created after the appointed day, it would be an easement within the meaning of the National Land Code, he shall make a memorial thereof on:
(a) the folio of the Interim Register relating to the holding so affected; and
(b) the folio of the Interim Register relating to the holding for the benefit of which the easement exists.
(2) Where a memorial of an easement is made under subsection (1), the easement shall have effect as if it were an easement created under the National Land Code.
72 Chapter 5 - Easements and Restrictive Covenants-72. [Repealed by Act 55 of 1965] .
73 Chapter 5 - Easements and Restrictive Covenants-73. Public rights of way.
(1) Where in the document of original title there is an indication that a holding is crossed by a road or other right of way, the area of which is excluded from the title, the Director shall excise the area of the road or, as the case may be, the right of way from the replacement title.
(2) For the avoidance of doubt it is hereby declared that land excised under subsection (1) shall become State land.
74 Chapter 5 - Easements and Restrictive Covenants-74. [Repealed by Act 55 of 1965] .
75 PART VI DEALINGS ON THE INTERIM REGISTER-75. [Repealed by Act 55 of 1965] .
76 PART VI DEALINGS ON THE INTERIM REGISTER-76. Effect of registration.
(1) The registration of an instrument of dealing in the Interim Register shall have the same effect as regards the indefeasibility of the title or interest thereby transferred or created as the registration of an instrument of dealing under the National Land Code.
(2) Subsection (1) shall not affect the operation of section 37; and accordingly, where a replacement title has not yet become indefeasible under Part VII, the title or interest protected by that subsection shall be only such title or interest as, having regard to section 37, the transferor or creator was capable of transferring or creating.
77 PART VI DEALINGS ON THE INTERIM REGISTER-77. Pre-executed instruments.
(1) Except as provided by this section, no unregistered pre-executed instrument shall on or after the appointed day be capable of being registered or of creating, vesting or transferring any interest in a holding.
(2) Where a pre-executed instrument has before the appointed day been provisionally registered under section 6 of the Registration of Deeds Ordinance, the Director shall, notwithstanding section 9 (3) of that Ordinance:
(a) take the instrument into account provisionally in compiling the Interim Register, indication that he has done so by a suitable use of the word "provisional"; and
(b) be deemed thereby to have entered a caveat having the same effect as a Registrar's caveat entered under the National Land Code.
(3) Where an unregistered pre-executed instrument (not being an instrument provisionally registered under section 6 of the Registration of Deeds Ordinance) i
78 PART VI DEALINGS ON THE INTERIM REGISTER-78. Instruments to be in prescribed form.
No deed or other instrument (as defined in section 77) creating, vesting or transferring or purporting to create, vest or transfer any holding or any interest therein executed on or after the appointed day and not being in a form prescribed by this Act or the National Land Code shall be registered under this Act, nor shall any such deed or instrument be effectual to create, vest or transfer any such holding or interest.
79 PART VI DEALINGS ON THE INTERIM REGISTER-79. Saving.
Nothing in section 77 or 78 shall be construed as preventing any unregistered instrument from operating as a contract or as affecting the operation of any judgement or award of any Court.
80 PART VI DEALINGS ON THE INTERIM REGISTER-80. Duties of Director.
The Director:
(a) shall not register any dealing in a holding unless:
(i) there has been produced to him by the person seeking to effect the dealing the pre-existing conveyance or other instrument on which that person relies as entitling him to do so and, where there has been a previous dealing under this Part, the copy of the relevant instrument; or
(ii) where any such conveyance or instrument is not produced, he is satisfied that there is a reasonable excuse for its non-production;
(b) [Repealed by Act 55 of 1965] ;
(c) shall not register as proprietor of any holding any person or body other than a person or body specified in section 43 of the National Land Code [56/65] ;
(d) shall not be bound to register any instrument unless any fees prescribed in respect thereof have been paid.
81 PART VI DEALINGS ON THE INTERIM REGISTER-81. Procedure relating to registration.
(1) An instrument of dealing relating to a holding shall not be effectual until it has been registered by:
(a) presentation to the Director with a copy thereof ; and
(b) entry of a memorial thereof in the Interim Register,
and upon such registration such dealing shall take effect in the manner prescribed for instruments registered in accordance with the National Land Code.
(2) After registering any dealing under subsection (1) the Director shall:
(a) return the copy of the instrument of dealing presented to him to the person by whom it was presented;
(b) endorse upon the title deeds produced to him pursuant to section 80 (a) the number and description of the instrument of dealing, together with its date of registration; and
(c) return such title deeds to the person by whom they were presented.
82 PART VI DEALINGS ON THE INTERIM REGISTER-82. Dealings prior to indefeasibility.
(1) [Repealed by Act 55 of 1965] .
(2) Any person purchasing any holding or any interest therein shall, subject to this Act and until the replacement title thereto has become indefeasible pursuant to Part VII, have the same rights relating to the investigation of the pre-existing title thereto as are conferred upon a purchaser by Part II of the Conveyancing and Law of Property Ordinance:
Provided that a purchaser shall not be entitled to require a title to be deduced for a period of more than thirty years (inclusive of any period after the appointed day) or for a period extending further back than a pre-existing grant or lease by the State, whichever period shall be the shorter.
83 PART VI DEALINGS ON THE INTERIM REGISTER-83. Dealings after indefeasibility.
Whenever the title to a holding has become indefeasible under Part VII, any dealing therein shall be registered in accordance with sections 80 and 81, save that section 92 (2) shall have effect in place of section 80 (a) .
84 PART VII INDEFEASIBILITY OF TITLE Chapter 1 - Investigation of Title-84. Examination of title by the Director.
(1) At any time on or after the appointed day the Director may, in exercise of the powers conferred on him by this Act, call for and examine the replacement title to any holding or group of holdings in the Interim Register, and make such enquiries in relation thereto as he may consider necessary for such purpose.
[Am. by Act 11/68]
(2) Upon being satisfied of the validity of any replacement title or titles referred to in subsection (1) the Director shall thereupon publish a notice in Form I:
(a) describing the holding or holdings comprised therein, and the proprietor or proprietors thereof;
(b) stating that such replacement title or titles appear to be indefeasible for the purposes of this Act; and
(c) requiring any person claiming any interest adverse to the title of the registered proprietor (and whether or not any suit, action or proceeding has bee
85 PART VII INDEFEASIBILITY OF TITLE Chapter 1 - Investigation of Title-85. Indefeasibility after twelve months' notice.
Whenever in respect of any holding specified in any notice published under section 84(2) the period of six months from the date of the publication of such notice has expired, and:
[Am. by Act 11/68]
(a) no caveat has been presented thereunder; or
(b) any caveat presented thereunder has been withdrawn or released,
then the title thereto shall thereupon become indefeasible within the meaning of the National Land Code.
86 PART VII INDEFEASIBILITY OF TITLE Chapter 1 - Investigation of Title-86. Minors and persons of unsound mind.
Where any claimant under section 84(2) (c) or any other person who in the opinion of the Director is a necessary party to any enquiry under this Act is or appears to the Director to be a minor or a person of unsound mind, the Director may by an order in writing appoint some suitable and proper person to be the guardian of such minor or person of unsound mind for the purposes of all proceedings under this Act, and all such proceedings shall be as effective and binding upon all persons concerned as if such person had not been a minor or person of unsound mind.
87 PART VII INDEFEASIBILITY OF TITLE Chapter 1 - Investigation of Title-87. Examination of title at the instance of a proprietor.
(1) At any time on or after the appointed day any person registered in the Interim Register as the proprietor of any holding:
(a) shall upon seeking approval for any subdivision of such holding; and
(b) may at any other time with the approval of the Director,
apply for an examination of the replacement title to such holding.
(2) Every application under subsection (1) shall:
(a) be made to the Director in Form J;
(b) be accompanied by all the pre-existing deeds relating to the holding in the possession or under the control of the applicant; and
(c) be accompanied by a full abstract of title thereto prepared and certified by an advocate and solicitor and deduced for the period specified in section 82 (2):
Provided that such abstract need not contain details of any dealings relating to such hold
88 PART VII INDEFEASIBILITY OF TITLE Chapter 1 - Investigation of Title-88. Indefeasibility after twelve years on Interim Register.
(1) When on the expiration of the period of twelve years next following the appointed day, which period the State Authority may, by notification in the Gazette , from time to time extend by such further period as the State Authority may consider necessary, the title to any holding has not been duly examined pursuant to this Chapter, such title shall, on and from such date, become indefeasible within the meaning of the National Land Code:
[Am. by Act A385: s.2]
Provided that when at such time any caveat or claim presented or made under this Act is then outstanding, no such title shall become indefeasible until such caveat or claim has been disposed of or withdrawn.
(2) When the proprietor of any holding referred to in subsection (1) first deals therewith on or after the expiration of the period of twelve years next following the appointed day, he shall thereupon surrender to the Director all the doc
89 Chapter 2 - Certificates of Title-89. Certificate of indefeasibility.
Whenever the Director is satisfied that the title to any holding in the Interim Register has become indefeasible pursuant to this Part, he shall thereupon:
(a) make such additions to or amendments in the endorsements upon the appropriate folio of the Interim Register as he may consider necessary; and
(b) place upon the Interim Register a memorial under his hand and seal that such title is, on and from such date as may be specified in such memorial, indefeasible within the meaning of the National Land Code.
90 Chapter 2 - Certificates of Title-90. Cancellation of pre-existing deeds.
(1) Whenever a certificate has been placed upon the Interim Register pursuant to section 89 (b) the Director shall in the exercise of the powers conferred on him by section 9 obtain all the pre-existing deeds relating to such holding, unless these are already in his possession.
(2) Where the pre-existing deeds relating to any holding in the possession of the Director relate:
(a) only to the land comprised within such holding, the Director shall cancel each such deed by an endorsement made thereon under his hand and seal, indicating the date of such cancellation, and shall then impound such deed;
(b) also to any land not comprised within such holding, the Director shall endorse upon each such deed the note "Cancelled with respect to Holding......." under his hand and seal, indicating the date of such endorsement, and shall return such deed to the person entitled to the custody thereof:
<91 Chapter 2 - Certificates of Title-91. Release of documents of historic interest.
Where the Director is satisfied that any document or instrument impounded under section 90(2) (a) is of historical interest or for any other reason should not be impounded, he may upon the application in Form K by the proprietor of, or any other person having any interest in, the holding to which such document or instrument relates deliver any such document or instrument to the applicant, and in such event shall retain such application as the authority for such delivery.
92 Chapter 2 - Certificates of Title-92. Advance certificate of title.
(1) The Director shall, upon the completion of the procedure prescribed in relation to any holding by section 90:
(a) prepare and issue to the proprietor or chargee or other person entitled to the custody thereof an advance certificate of title in Form L endorsed with particulars of any charges, leases or other interests to which such holding is subject; and
(b) cause final documents of title to be prepared in accordance with section 93.
(2) Any person who, after the issue of an advance certificate of title and before the issue of the final document of title relating to any holding, deals in such holding, shall present such certificate of title to the Registrar, together with a memorandum of such dealing; and the Registrar shall:
(a) enter such dealing by way of memorial under his hand and seal in the Interim Register;
(b) under his hand
93 Chapter 2 - Certificates of Title-93. Final documents of title.
(1) Subject to this section, final documents of title shall be prepared, issued and subsequently treated as if they were documents of title prepared and issued under the National Land Code on alienation under final title.
[Am. by Act 11/68]
(2) In the preparation and issue of final documents of title:
(a) the functions of the Registrar (but not of the Land Administrator) under the National Land Code shall be exercised by the Director; and
(b) the Land Administrator shall exercise his functions under the National Land Code in accordance with such instructions as he may receive from the Director.
(3) The Director:
(a) shall enter or cause to be entered in the final document of title relating to a holding:
(i) the name of the proprietor of the holding as entered in the Interim Register; and
94 PART VIII PROVISIONS RELATING TO MALACCA Chapter 1 - Preliminary-94. Interpretation.
(1) In this Part, unless the context otherwise requires:
"certificated land" means any customary land subject to Chapter 3 of this Part;
"certificated person" means any person to whom a certificate has been issued under section 104, or who, not being a Malay, is deemed to be a proprietor under paragraph 99 (c) ;
"customary landholder" means a person who, immediately before the appointed day, was registered under the Ordinance as the holder of customary land;
"customary land" means land which, immediately before the appointed day, was customary land within the meaning of the Ordinance and includes land in respect of which the title had been endorsed under subsection 109A(2) and land re-alienated or otherwise disposed of under subsection 109B(3 95 PART VIII PROVISIONS RELATING TO MALACCA Chapter 1 - Preliminary-95. Application.
This Part shall apply only to the State of Malacca.
96 PART VIII PROVISIONS RELATING TO MALACCA Chapter 1 - Preliminary-96. Repeal.
The Malacca Lands Customary Rights Ordinance is repealed.
97 PART VIII PROVISIONS RELATING TO MALACCA Chapter 1 - Preliminary-97. Special provision relating to the Naning Custom.
Whenever the Land Administrator is satified that any land in the Malacca Customary Land Register is subject to the Naning custom, he shall endorse the appropriate folio of the Register with the words, "Naning custom".
[Am. by Act A649: s.3]
98 PART VIII PROVISIONS RELATING TO MALACCA Chapter 1 - Preliminary-98. Finality of certain boundaries.
Where the boundary of any holding has been or is deemed to have been finally ascertained or confirmed under the Ordinance, or where the proprietor or mortgagee of any such holding or any of his predecessors in title has, by any conveyance or other instrument or in any enquiry under this Act dealt with or accepted the boundaries of such holding as surveyed under the Ordinance, such boundary shall be deemed for the purposes of this Act to be final and conclusive and shall not be called in question in any proceedings under this Act.
99 Chapter 2 - Application of the National Land Code-99. Effect of repealing the Ordinance.
(1) On and after the appointed day customary landholders shall continue to be deemed to have a permanent and transferable right of occupancy in their customary land, but otherwise:
[Am. by Act 11/68]
(a) shall cease to hold their customary land subject to and in accordance with the Ordinance; and
(b) shall hold their customary land subject to and in accordance with this Part and the National Land Code.
(2) In the application of the National Land Code to customary land:
(a) the land shall be deemed to be land alienated before the commencement of the Code;
(b) the landholder shall be deemed to be a proprietor within the meaning of the Code; and
(c) the Malacca Customary Land Register shall be deemed to be a Mukim Register within the meaning of the Code:
Provided that this Part shall pr
100 Chapter 2 - Application of the National Land Code-100. Saving relating to incomplete proceedings.
Where any act or proceeding has, before the appointed day, been lawfully commenced but not completed under the Ordinance it may be continued and completed under any corresponding provision of the National Land Code [56/65] :
Provided that where any form in Schedule A of the Ordinance has been duly executed but not presented or, if presented, has not been duly registered before the appointed day, then such presentation or registration or both may be made after the appointed day and such form shall be deemed to be a prescribed form for the purposes of this Act.
101 Chapter 2 - Application of the National Land Code-101. Rent.
The assessment payable in respect of any customary land under sections 32 to 36 of the Ordinance immediately before the appointed day shall, subject to subsection (2), continue in force thereafter and shall be deemed to be the rent due thereon under the National Land Code, and shall be payable and recoverable in accordance with such Code.
[Am. by Act A597: s.3]
(2) The State Authority may, within a period of three years beginning with the appointed day, alter any assessment referred to in subsection (1) in accordance with section 33 of the Ordinance (notwithstanding its repeal), and such assessment shall thereupon be deemed for the purposes of the National Land Code to be the rent fixed on the land on which any such assessment is imposed, and shall not thereafter be revised except under and in accordance with such Code.
102 Chapter 2 - Application of the National Land Code-102. Malacca Customary Land Register.
Subject to this section, the Mukim Register kept under the Ordinance shall continue in existence after the appointed day, but shall be known as the
[Am. by Act 11/68]
(2) As and when it is expedient to do so, the Land Administrator shall prepare and issue documents of title under the National Land Code in continuation of the titles entered in the Malacca Customary Land Register and, in doing so, shall follow as nearly as may be the procedure prescribed by the National Land Code in respect of land held on a Mukim grant for the issue of final title in continuation of final title to land as a whole:
Provided that:
(a) sections 166 to 169 of the Code shall not apply; and
(b) no fee shall be chargeable.
(3) The Land Administrator shall register an instrument of dealing with respect to a holding of customary land:
(a)<
103 Chapter 2 - Application of the National Land Code-103. Mortgages of customary land.
Upon the appointed day every pre-existing charge by way of legal mortgage of any customary land duly registered under the Ordinance shall be deemed to be a charge duly registered under the National Land Code:
Provided that:
(a) subject to paragraph (b) , every such charge shall continue to be subject to all the express and implied conditions thereof subsisting immediately before the appointed day;
(b) notwithstanding any express or implied condition referred to in paragraph (a), the National Land Code shall apply to the discharge of any such charge and in relation to any remedies of the chargee thereunder;
(c) notwithstanding the National Land Code, it shall be an implied condition of any charge deemed to be registered under this section that no chargee or other person shall have any right to enter into possession thereunder if he is not competent to hold such land under th
104 Chapter 3 - Certificated Lands-104. State Authority may declare a person to be a certificated person.
(1) Whenever the State Authority is satisfied that any person who is not a Malay is entitled to or otherwise should be registered as the proprietor of any customary land (otherwise than by way of succession pursuant to paragraph 105 (b) he may issue a certificate to such person, specifying the name of such person and the land in respect of which such certificate is issued.
[Am. by Act A597: s.3, Act A649: s.3]
(2) Whenever any certificated person presents to the Land Administrator any certificate referred to in subsection (1) the Land Administrator shall record such person in the appropriate folio of the Malacca Customary Land Register as the proprietor of the land specified therein, and shall endorse such folio in the manner prescribed by paragraph 105 (c) .
105 Chapter 3 - Certificated Lands-105. Certificated land.
Where any certificated person is registered as the proprietor of any customary land:
(a) he shall not by reason of his status as a certificated person be deemed to be entitled to be registered as the proprietor of any customary land other than that to which he may be entitled under section 99 (c) or any certificate issued to him under section 104;
(b) he shall have a permanent and hereditable right to the ownership of such land, and upon his decease such land shall be transmissible according to the law for the time being in force relating to succession;
(c) the title to such land in the Malacca Customary Land Register shall be endorsed with the words "Certificated Land".
106 Chapter 3 - Certificated Lands-106. When land ceases to be certificated land.
Whenever any certificated land at any time, whether by transfer, succession or otherwise becomes registered in the name of any Malay, the Director shall thereupon cancel the endorsement referred to in section 105 (c) , and such land shall thereupon cease to be certificated land.
107 Chapter 4 - Restrictions in Use and Interest-107. [Repealed by Act 55 of 1965] .
108 Chapter 4 - Restrictions in Use and Interest-108. Limitation.
(1) Subject to Chapter 3, the following provisions shall apply to land subject to this Part:
(a) no such land may at any time be transferred, leased, transmitted or charged to any person other than a Malay. For this purpose "lease" does not include a tenancy for a term not exceeding three years or a lease for a term exceeding three years but not exceeding thirty years;
(aa) no tenancy or lease granted in respect of any such land to any person other than a Malay may at any time be transferred to any person other than a Malay; and no subtenancy or sublease of whatever form or duration shall be granted to any person in respect of any such land from any tenancy or lease granted to any person other than a Malay;
(b) no lien by deposit of the issue document of title for any such land as security for a debt shall be capable of being created in favour of any person other than a Malay, and no cavea
108A Chapter 4 - Restrictions in Use and Interest-108A. Liability of land to forfeiture where a Malacca Customary Land company ceases to be such.
If at any time whilst a customary land is owned by, charged or leased to, or is otherwise held in the name of, a Malacca Customary Land company pursuant to paragraph 108(1) (a) , such company ceases to be a Malacca Customary Land company as defined in subsection 94(1):
(a) the land shall become liable to forfeiture to the State Authority; and
(b) except in a case where action for the purpose of restoring the company as a Malacca Customary Land company is first required to be taken under section 108B, the Land Administrator shall proceed with the enforcement of the forfeiture in accordance with section 108C.
[Ins. by Act A649: s.5]
108B Chapter 4 - Restrictions in Use and Interest-108B. Summary action to secure restoration of the status of a Malacca Customary Land company.
(1) Where:
(a) any customary land is liable under section 108A to forfeiture to the State Authority; and
(b) it appears to the Land Administrator that action is capable of being taken by the Malacca Customary Land company in question within a reasonable time to restore itself as a Malacca Customary Land company,
the Land Administrator shall serve, or cause to be served, on the company a notice in Form "M" in the First Schedule specifying the action required to be taken in this regard and calling upon it 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 action is being taken under this section in respect of the land.
(3) If the notice under subsection (1) is compli
108C Chapter 4 - Restrictions in Use and Interest-108C. Action to enforce forfeiture.
(1) Subject to section 108B, the Land Administrator shall take action under this section whenever any customary land is liable to forfeiture under section 108A.
[Ins. by Act A649: s.5]
(2) The Land Administrator shall:
(a) cause a notice in Form "N" in the First Schedule to be served on the company; and
(b) cause a copy of that notice to which there shall be appended the additional notice set out in the supplement to that to be served on:
(i) any person or body having a registered interest affecting the land (including a charge of any lease or sublease thereof);
(ii) any person or body having a lien over the land or over any lease or sublease thereof;
(iii) any person or body in occupation of any part thereof under any tenancy exempt from registration; and
(iv) any person or body having a claim protected by ca
108D Chapter 4 - Restrictions in Use and Interest-108D. Forfeiture to take effect upon notification in the Gazette .
(1) As soon as may be after the making of an order under section 108C with respect to any land, the Land Administrator shall publish in the Gazette a notification of forfeiture in Form "O" in the First Schedule, and upon such publication, the forfeiture shall take effect as mentioned in section 109B.
[Ins. by Act A649: s.5]
(2) Copies of any notification published under subsection (1) shall:
(a) be affixed in a conspicuous position:
(i) on the land and in the Penghulu's office or balai in the area in which the land is situated; and
(ii) in that area, on such court-houses and mosques (if any) and in such markets and other public places (if any) as the Land Administrator thinks fit; and
(b) where the State Authority considers that publication in a newspaper is desirable, be published in such newspaper circulating in the State a
109 Chapter 4 - Restrictions in Use and Interest-109. Right of re-entry.
(1) All land subject to this Part shall be deemed to be subject to a right of re-entry on behalf of the State Authority upon any breach of or default in the observance of this part or of any conditions created or implied thereunder; and such right shall be exercised in accordance with and shall be subject to the National Land Code, as if such breach or default related to any condition implied or imposed thereunder.
(2) Where a right of re-entry is exercised on behalf of the State Authority under this section in respect of any land subject to this Part, an endorsement of the re-entry shall be made in the Malacca Customary Land Register, and in the case of a title endorsed under subsection 109A(2), in the respective register, against such land.
(3) [Repealed by Act A649: s.6] .
(4) [Repealed by Act A649: s.6] .
[Am. by Act A597: s.5; Act A649: s.6]
109A Chapter 4 - Restrictions in Use and Interest-109A. Application for endorsement of title as Malacca Customary Land..
(1) Any proprietor of any alienated land who is a Malay may, with the consent of every person having a right or interest therein apply to the State Authority to have the title to the land endorsed as a Malacca Customary Land.
(2) Upon approval by the State Authority under subsection (1), the Registrar or the Land Administrator shall endorse or cause to be endorsed a note thereof on the register and issue documents of title to the land to which it relates.
(3) Upon endorsement thereof on the register and issue documents of title, the land shall be subject to this Part.
[Ins. by Act A597: s.6 ; Am. by Act A649: s.6]
109B Chapter 4 - Restrictions in Use and Interest-109B. Effect or re-entry.
(1) Where re-entry on any land subject to this Part is effected under section 109, forfeiture shall be deemed to have taken effect in respect of that land and:
(a) the land shall revert to, and vest in, the State Authority freed and discharged from all titles and interests subsisting or capable of arising immediately before the forfeiture took effect; and
(b) there shall also vest in the State Authority, without payment of compensation and 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, the licence or permit in question, all buildings on the land (by whomsoever erected) other than any of temporary construction and capable of removal.
(2) The land shall not be re-alienated or otherwise disposed of to any person who is not a Malay or to a statutory authority, body or corporation which is not specified in the S
109C Chapter 4 - Restrictions in Use and Interest-109C. Effect of surrendered.
Whenever any customary land is surrendered to the State Authority pursuant to the National Land Code, the land shall revert to and vest in the State Authority as State land, and section 109B shall apply as if the land had reverted pursuant to a forfeiture.
[Ins. by Act A649: s.8]
110 PART IX NATURAL RIGHTS-110. [Repealed by Act 55 of 1965] .
111 PART IX NATURAL RIGHTS-111. [Repealed by Act 55 of 1965] .
112 PART IX NATURAL RIGHTS-112. Special rights of certain riparian proprietors.
The proprietor of any holding which under section 30 is deemed to follow the line of a survey traverse, whether made before, on or after the appointed day, or the line of any permanent structure, may on and after the appointed day as of right and without payment of any fee therefor divert water from any river on which such holding abuts to the like extent to which he may lawfully have made any such diversion prior to the appointed day:
Provided that the power conferred by this section may be exercised only to the extent that the rights of other lawful users of water from such river are not thereby affected.
113 PART X GENERAL-113. Offences and penalties.
(1) Any person who:
(a) fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procuring of any document of title or other instrument, or of any entry in the Interim Register, or any alteration or erasure of or addition to any entry in the Interim Register, or in any instrument or form issued by the Director;
(b) after a requisition in writing made by any officer pursuant to section 9 (1)(b), without reasonable excuse refuses or neglects:
(i) to produce any deed or document in his possession or under his control or to allow such deed or document to be inspected by such office; or
(ii) to give information as to the whereabouts of any deed or document or the person in whose custody any deed or document may be;
(c) fraudulently uses or assists in fraudulently using or is privy to the fraudulent using of any instrument
114 PART X GENERAL-114. Rules.
(1) The Minister may, after consultation with the Yang di-Pertua Negeri, make rules for carrying out or giving effect to the purposes of this Act and, without prejudice to the generality of such power, may by such rules provide for:
(a) the powers and duties of officers appointed or exercising any powers conferred by or under this Act;
(b) the practice of any office or department of the Government of the Federation or the State in relation to matters arising under this Act;
(c) the procedure and practice of the Board;
(d) the forms of instrument to be used under this Act;
(e) the amendment of the First Schedule;
(f) subject to section 117, the fees, if any, to be charged for any matter or thing to be done under this Act, the method by which such fees shall be accounted for and disposed of, and the circumstances in which such fees may be di
115 PART X GENERAL-115. Service of notices, etc .
Any notice, summons or other process to be served under this Act may be served in the manner prescribed for the service of notices, summonses and other processes under the National Land Code.
116 PART X GENERAL-116. Saving of rights of Land Administrator, etc.
Nothing in this Act shall affect the right of the Land Administrator or of any other person or authority empowered by any written law to enter on any land subject to this Act under any power or authority conferred by such written law.
117 PART X GENERAL-117. Surveys to be free of charge.
No fee shall be charged in respect of any survey undertaken by or on behalf of the Director of Survey for the purpose of this Act (not being a survey consequential upon the exercise by a proprietor in respect of his holding of a power conferred by the National Land Code).
118 PART X GENERAL-118. Repeal.
(1) The Ordinances set out in the Fifth Schedule are repealed to the extent therein specified:
Provided that:
(a) such Ordinances shall remain in force for the purpose of determining the nature and extent of any pre-existing interests;
(b) such Ordinances shall be repealed without prejudice to the validity of any boundaries finally ascertained and confirmed or confirmed thereunder or of any maps or plans prepared or validated under the authority thereof;
(c) except to such extent as they may be inconsistent with this Act, the repealed provisions of the Conveyancing and Law of Property Ordinance shall not be repealed in relation to any dealing in any holding until the title thereto has become indefeasible pursuant to this Act.
(2) [Repealed by Act 55 of 1965] .
(3) On the appointed day all the registers, books, indexes and other records in the p
119 PART X GENERAL-119. Power of the Minister to make orders.
(1) The Minister may, after consultation with the State Authority, by order:
(a) make such modifications in any pre-existing law in force in the State and relating to land which is not repealed under section 118 as appear to him necessary or expedient for the purpose of bringing such law into accord with this Act;
(b) extend to the State the Small Estates (Distribution) Act 1955 [Act 98] , and make such modifications therein as appear to him necessary or expedient for the purpose of bringing that Act into accord with this Act and enabling it to be fully operative in relation to the State;
(c) except from the operation of this Act any artificial channel or watercourse;
(d) [Repealed by Act 55 of 1965] .;
(e) make such further or other provision as he may deem necessary or expedient for the purpose of removing any difficulties occasioned by the enactm
120 PART X GENERAL-120. Searches.
(1) Any person may, on payment of such fee and subject to such conditions as may be prescribed, inspect and take notes of or extracts from:
(a) the Interim Register or any instrument of dealing or application presented or made to or in the custody of the Director; or
(b) the former registers and any document of original title or pre-existing deed which is in the possession or under the control of the Director.
(2) The Director may refuse to make the Interim Register available for inspection under subsection (1) where he is satisfied that, by reason of the pressure of business or otherwise, it would be difficult or inexpedient to do so:
Provided that, if he makes such a refusal in respect of a person who is a bona fide prospective purchaser of a holding, he shall issue to that person on request (without any charge other than the fee payable under that subsection) a copy of the
121 PART X GENERAL-121. Title in continuation and procedure on sub-division.
(1) While a holding is included in the Interim Register, title in continuation may be issued as follows:
(a) title in continuation to the holding as a whole may be issued when the Director decides with respect to the relevant folio of the Interim Register:
(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 folio can by reason of its physical condition no longer be used;
(b) title in continuation may be issued on subdivision as provided by subparagraph (2) (b) (ii);
(c) title in continuation may be issued on any changes being made to the lot number of any holding under section 396 of the National Land Code; and
(d) title in continuation shall consist of a fresh folio or folios, as the case may be, which shall replace and shall be
122 PART X GENERAL-122. Provision relating to State land, municipal streets, etc .
Notwithstanding Part III, the Director shall not be required to enter in the Interim Register any State land, or any public street, public canal or public bridge, or any stream or river, or any back-lane, which immediately before the appointed day was vested in or set apart for the purposes of the Government of the State, the City Council of George Town, the Municipal Councillors of the Town and Fort of Malacca or any local authority.
123 PART X GENERAL-123. Transitional provisions relating to certain mortgages, etc .
(1) Any pre-existing agreement, covenant or undertaking to enter into a mortgage, charge or statutory mortgage of any land in the State shall, in relation to any period commencing on the appointed day, be construed and may be enforced as an agreement, covenant or undertaking, as the case may be, to enter into a charge of such land pursuant to the National Land Code.
(2) Any pre-existing memorandum of lien or charge registered under section 8 of the Registration of Deeds Ordinance shall be deemed to be and shall be entered upon the appropriate folio of the Interim register as a caveat subject to the National Land Code.
(3) Nothing in this Act shall be deemed:
(a) to prejudice or to derogate from the rights of any equitable mortgagee or chargee under any pre-existing equitable mortgage or charge; or
(b) to prevent the presentation by any person and the registration under the National Land Cod
124 PART X GENERAL-124. Transitional provision relating to subdivision of certain lands.
(1) Where any holding has, prior to the appointed day, been the subject of a subdivision effected by the conveyance of a part or parts of the holding, and the conveyed part or parts and the residue of the holding (if any) have not on the appointed day been delineated on a plan certified by or on behalf of the Director of Survey as lots delimited (except as otherwise provided in sections 29 and 30) by right-line boundaries, then the Director may, if he is satisfied:
(a) that a plan of such subdivision has been deposited with the Registrar of Deeds before the appointed day, or with the Director on or within one month after the appointed day; and
(b) that such subdivision has been approved by any State or local authority charged with responsibility for the approval of such subdivision for the purposes of any law relating to local government or town and country planning,
open a folio of t
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