1 DIVISION I INTRODUCTORY Part One - Preliminary-1. Short title.
This Act may be cited as the National Land Code .
2 DIVISION I INTRODUCTORY Part One - Preliminary-2. Application.
This Act applies only to Peninsular Malaysia and the Federal Territory of Labuan.
3 DIVISION I INTRODUCTORY Part One - Preliminary-3. Commencement.
This Act shall come into force in each State upon such date as the Minister may, with the approval of the National Land Council, appoint in relation to that State by a notification in the Gazette of the Federation.
4 DIVISION I INTRODUCTORY Part One - Preliminary-4. Savings.
(1) Nothing in this Act shall affect the past operation of, or anything done under, any previous land law or, so far as they relate to land, the provisions of any other law passed before the commencement of this Act:
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.
(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)
Legal Commentary on Section 4 of the NATIONAL LAND CODE (REVISED-2020)
Introduction
Section 4 of the National Land Code (Revised-2020) pertains to the process of land dealings, including transfers, leases, charges, and liens, establishing the framework for land administration and management in Peninsular Malaysia. It is a crucial provision that governs the legal mechanisms for land transactions, ensuring clarity, legality, and transparency in land dealings.
What does Section 4 Say
Section 4 primarily deals with the types of dealings permissible over land, including:- Transfers of land- Leases and tenancies- Charges and liens- Other dealings as prescribed by lawIt emphasizes that such dealings must be executed in accordance with the procedures and requirements set out in the Act, and often requires registration and approval by relevant authorities.
Essential Ingredients
Legal validity: Dealings must be made in compliance with the provisions of the Act.
Registration: Certain dealings require registration with the appropriate land registry to be valid and enforceable.
Authority approval: Some dealings, especially those involving alienated land, require prior approval from the relevant authority.
Time limits: For leases and sub-leases, specific durations are prescribed (e.g., maximum of 30 years for sub-leases under section 222(3)).
Documentation: Proper documentation, such as sale deeds, lease agreements, or charge instruments, must be executed and registered.
Compliance with procedures: Dealings must adhere to the procedural requirements stipulated in the Code and related regulations.
Scope of Section 4
Section 4 applies to:- All dealings involving land in Peninsular Malaysia- Both alienated and non-alienated land, subject to specific provisions- Transactions between private parties, government, or statutory bodies- Dealings that require approval or registration under the CodeIt excludes dealings on state land unless specifically provided for, and is complemented by other sections detailing procedures, approvals, and formalities.
Punishment for Section 4
While Section 4 itself primarily provides the framework for dealings, violations such as unauthorized dealings, non-registration, or dealings in contravention of the law can attract penalties under the Code, including:- Fines- Cancellation of dealings- Penalties for illegal transactions- Possible criminal sanctions if dealings are fraudulent or involve misrepresentationSpecific penalties are usually prescribed under related sections and regulations.
Legal Comments
Land dealings - Section 4 establishes the legal framework for land transactions, emphasizing compliance with procedural and registration requirements. [NLC Circular No 357/2020]
Registration requirement - Registration of dealings under Section 4 is essential for validity and enforceability, aligning with principles of land registration law. [NLC 2020: Section 222(3), 222(4)]
Authority approval - Certain dealings, especially involving alienated land, require prior approval from the relevant authority, ensuring lawful transactions. [NLC Act 828, Sections 52, 75A]
Time limits - The Code prescribes maximum durations for sub-leases (e.g., 30 years), promoting clarity and legal certainty. [NLC 2020: Section 222(3)]
Legal validity - Dealings must conform to the formalities and procedures set out in the Act; failure to do so may render transactions invalid or voidable. [NLC Circular No 357/2020]
Protection of land rights - Proper registration and compliance protect landowners’ rights and prevent disputes. [NLC 2020: Sections 52, 75B]
Legal enforceability - Registered dealings are legally enforceable, ensuring security of title and transaction integrity. [NLC 2020: Section 222(4)]
Fraud and illegal dealings - Unauthorized or fraudulent dealings may attract criminal penalties and civil sanctions, including cancellation. [NLC Act 828]
Procedural compliance - Strict adherence to procedural requirements minimizes legal disputes and enhances transparency. [NLC Circular No 357/2020]
Policy alignment - Section 4’s provisions are aligned with national land policy objectives, including promoting orderly land development. [NLC 2020: Chapter 4]
Land use classification - Dealings are subject to land use categories and restrictions as per the classification in the Act. [NLC 2020: Section 51]
Legal certainty - Clear legal provisions under Section 4 foster confidence among landowners, investors, and government agencies. [NLC 2020]
Land management - Section 4 supports efficient land management by regulating dealings and ensuring proper documentation. [NLC 2020]
Dispute resolution - Proper registration and procedural compliance facilitate dispute resolution through courts or tribunals. [NLC 2020]
Amendments and updates - The revised Code incorporates amendments to adapt to modern land transaction needs, including digital registration. [NLC 2020: Circular No 357/2020]
Legal safeguards - The provisions include safeguards against illegal dealings, ensuring land transactions are lawful and transparent. [NLC 2020: Sections 222, 223]
This concise legal commentary underscores the importance of Section 4 within the broader framework of the National Land Code (Revised-2020), highlighting its role in regulating land dealings, ensuring legality, and safeguarding land rights in Peninsular Malaysia.
Note: The references are based on the provided sources, primarily the NLC Circulars, Act 828, and relevant sections of the NLC 2020.
5 DIVISION I INTRODUCTORY Part One - Preliminary-5. Interpretation.
In this Act, in all documents of title to alienated land, and in all leases, licences, permits, notices, agreements and other documents relating to land granted, issued or entered into by or on behalf of the State Authority (including documents existing at the commencement of this Act), unless the context otherwise requires:
"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" mean
5A Part One (A) - Computerized Land Registration System-5A. Coming into operation of the Computerized Land Registration System in any land Registry.
(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;
(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 f
5B Part One (A) - Computerized Land Registration System-5B. Amendment of the Fourteenth Schedule.
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.
Part One (B) - Modifications to Facilitate the Implementation of the Pengurusan Danaharta Nasional Berhad Act 1998
5C Part One (A) - Computerized Land Registration System-5C. Modifications to facilitate the implementation of Pengurusan Danaharta Nasional Berhad Act 1998.
(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.
5D Part One (C) - Modifications to Facilitate the Implementation of the Electronic Land Administration System-5D. Coming into operation of the Electronic Land Administration System in any land Registry.
(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;
(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 provi
6 Part Two - Administration-6. Director General of Lands and Mines (Federal) and other Federal Officers.
The Director General of Lands and Mines (Federal) appointed under the Federal Lands Commissioner Act 1957 [Act 349], shall have the functions conferred on him by or under this Act and in carrying out such functions he shall be known as the Director 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.
7 Part Two - Administration-7. Delegation of Minister's powers to Director General.
The Minister may by notification in the Gazette of the Federation delegate to the Director General, subject to such conditions and restrictions as may be prescribed in the notification, the exercise of any powers or the performance of any duties conferred or imposed on him by or under this Act:
Provided that:
(i) this section shall not apply to any power of the Minister under this Act to make orders; and
(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.
8 Part Two - Administration-8. General powers of Director General.
(1) 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.
9 Part Two - Administration-9. National Land Council: initiation of action with respect to certain matters.
(1) 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 t
10 Part Two - Administration-10. Regulation of procedure, etc., of Survey and Mapping Department.
(1) 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.
NOTES
11 Part Two - Administration-11. Administrative areas.
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.
NOTES
Provisions of the National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 18
In its application
19 Part Two - Administration-19. Information to be kept secret.
Every officer appointed under this Part, and every person employed in any Survey Office, Land Office or Registry:
(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.
NOTES
Provisions of the
National Land Code
Modification
Section 19
In
20 Part Two - Administration-20. Purchase of land by officers, etc.
Where any land or interest therein is offered for sale in pursuance of any provision of this Act, none of the following persons shall acquire, or attempt to acquire, it for himself, directly or indirectly:
(a) the State Director, Registrar and Director of Survey and Mapping of the State in which the land or interest is situated;
(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.
NOTES
Provisions of th
21 Part Two - Administration-21. Officers to be public servants.
Every officer appointed under this Part shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
22 Part Two - Administration-22. Protection of officers.
No officer appointed under this Part shall be liable to be sued in any civil court for any act or matter done, or ordered to be 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 Act.
23 Chapter 4 - Provisions relating to enquiries-23. Interpretation.
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.
NOTES
Provisions of the National Land Code
Modification
Section 23
In its application to the Federal Territory of Labuan, in the definition of "Land Administrator", delete the words ", the Registrar".
-see P.U. (A) 454/2009
24 Chapter 4 - Provisions relating to enquiries-24. Conduct of enquiry.
Every enquiry shall be conducted as nearly as may be in accordance with the provisions of this Chapter.
25 Chapter 4 - Provisions relating to enquiries-25. Time and place of enquiry.
Every enquiry shall be held at such place and time as the Land Administrator may direct.
26 Chapter 4 - Provisions relating to enquiries-26. Enquiry to be open to public.
Every enquiry shall be open to the public unless the Land Administrator shall, for special reasons to be recorded by him, order otherwise.
27 Chapter 4 - Provisions relating to enquiries-27. Notice of enquiry.
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.
28 Chapter 4 - Provisions relating to enquiries-28. Cancellation and postponement of enquiries, and change of venue.
(1) The Land Administrator may at any time cancel or postpone the holding of any proposed enquiry, or change the venue thereof.
(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.
29 Chapter 4 - Provisions relating to enquiries-29. Hearing of enquiry.
(1) On the day and at the time and place fixed for the hearing of any enquiry the Land Administrator shall proceed to hold the enquiry, and shall give such decision or make such order therein as he may think just:
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.
30 Chapter 4 - Provisions relating to enquiries-30. Veracity of evidence.
Any person who at any enquiry wilfully gives false evidence commits an offence and shall, on conviction, be liable to the penalty specified in section 422.
31 Chapter 4 - Provisions relating to enquiries-31. Substance of evidence and reasons for decision to be recorded.
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.
32 Chapter 4 - Provisions relating to enquiries-32. Inspection of record of evidence, etc.
The record of all evidence, whether oral or documentary, taken by the Land Administrator at any enquiry together with his decision or order thereon shall:
(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.
33 Chapter 4 - Provisions relating to enquiries-33. No alteration, etc., of decision or order.
Save in the special circumstances specified in section 34, a decision or order of the Land Administrator in any enquiry shall not be altered or added to except for the purpose of correcting verbal errors or remedying some accidental defect or omission not affecting a material part of the enquiry.
34 Chapter 4 - Provisions relating to enquiries-34. Re-opening of enquiry.
(1) In any of the circumstances specified in subsection (2), a Land Administrator may re-open any enquiry held under this 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 conducte
35 Chapter 4 - Provisions relating to enquiries-35. Death etc., of Land Administrator.
If, in the course of any enquiry, or at any time before any decision or order is made therein, the Land Administrator conducting the enquiry dies, or is unable through illness, transfer or any other cause to exercise his functions under this Chapter, any other Land Administrator may continue the enquiry or rehear the whole or part of the evidence already taken or carry out any other function under this Chapter in relation to the enquiry.
36 Chapter 4 - Provisions relating to enquiries-36. Former applications.
Except as provided in section 34, no Land Administrator shall hold any enquiry in which the matter directly and substantially in issue has been directly and substantially in issue in a former enquiry relating to the same parties or their predecessors in title, and which has been heard and finally decided either by himself or any other Land Administrator.
37 Chapter 4 - Provisions relating to enquiries-37. Appeal.
From any decision or order given in any enquiry, an appeal shall lie to the Court in accordance with section 418.
38 Chapter 4 - Provisions relating to enquiries-38. Costs of enquiry.
The Land Administrator may make such order as to the whole or any part of the costs of any enquiry as he may consider just, and any such order shall be enforceable as if it were an order for the payment of costs in civil proceedings made by a court of a magistrate under the provisions of any law for the time being in force relating to the courts.
39 Chapter 4 - Provisions relating to enquiries-39. Application of Penal Code.
In sections 193 and 228 of the Penal Code the words "judicial proceeding" shall be deemed to include an enquiry.
40 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-40. Property in State land, minerals and rock material.
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.
41 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-41. Powers of disposal of State Authority, and rights in reversion, etc.
Without prejudice to its powers and rights under any other written law for the time being in force, the State Authority shall have:
(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.
42 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-42. Powers of disposal.
(1) 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 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 S
43 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-43. Persons and bodies to whom land may be disposed of.
Subject to the provisions of Part Thirty-three (A), the powers of disposal conferred on the State Authority by section 42 may be exercised only in favour of, and applications for their exercise may be accepted only from, the following persons and bodies:
(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 w
44 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-44. Extent of disposal: general.
(1) Subject to the provisions of this Act and of any other written law for the time being in force, any person or body to whom (under this Act or a previous land law) land has been 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.
45 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-45. Extent of disposal: minerals, rock material and forest produce.
(1) Any person or body to whom land has been disposed of in any of the ways mentioned in section 44 shall, in the absence of any express provision to the contrary in the document of title, lease or licence, as the case may be, be entitled:
(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
(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 any
46 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-46. Reversion, etc., to the State Authority.
(1) Without prejudice to the provisions of any other written law for the time being in force, alienated land shall revert to and vest in the State Authority in the following circumstances:
(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 Author
46A Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-46A. Reversion to State Authority of an undivided share in land or parcel of subdivided building.
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.
47 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-47. Buildings to vest in State Authority on reversion, etc.
(1) 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.
(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.
48 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-48. No adverse possession against the State.
No title to State land shall be acquired by possession, unlawful occupation or occupation under any licence for any period whatsoever.
49 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-49. Effect of advance or retreat of sea, etc.
Where the shoreline or the bed of any river advance so as to encroach on any alienated land, the area affected by the encroachment shall thereupon cease to form part of that land, and shall become State land; but the boundaries of alienated land shall not (except in the circumstances mentioned in paragraph (ii) of the proviso to subsection 353(2)) be affected by any retreat of the shoreline or of the bed of any river.
50 Part Three - Rights and Powers of the State Authority Chapter 1 - Property in land and powers of disposal-50. Power of State Authority to vary provisions, extend time, etc.
(1) The State Authority shall, in addition to the like powers conferred by Part Seven in respect of conditions and restrictions in interest affecting alienated land, have power under this section:
(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.
(2) Any extension granted under paragraph (1)(b), and any terms imposed under that paragraph, shall operate for the benefit of or,
51 Chapter 2 - Classification and use of land Classification-51. Classification of land.
(1) 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.
NOTES
52 Use of Lands Alienated under this Act-52. Categories of land use and application thereof to lands alienated under this Act.
(1) For the purposes of this Act there shall be three categories of land use, to be known respectively as "agriculture", "building" 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
53 Use of Lands Alienated before Commencement-53. Conditions affecting use of lands alienated before commencement until category of land use imposed.
(1) This section applies to all land alienated before the commencement of this Act other than land which, immediately before that commencement, is subject to an express condition requiring its use for a particular purpose.
(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 "agriculture"; or
(b) the continued use of any
54 Use of Lands Alienated before Commencement-54. Application of categories of land use to lands alienated before commencement.
(1) The State Authority may, by notification in the Gazette, specify any area of the State, and prescribe a date (not being less than one year from the date on which the notification is published) on which the provisions of this section are to take effect therein; and, on the date so prescribed:
(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
55 Use of Lands Approved for Alienation before Commencement-55. Application of section 53 to lands approved before commencement.
(1) This section applies to all land approved for alienation before the commencement of this Act, but not in fact so alienated, other than land which is required by the terms of the approval to be alienated subject to an express condition requiring its use for a particular purpose.
(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
56 Use of Lands Approved for Alienation before Commencement-56. Application of section 54 to lands approved before commencement.
(1) As from the date prescribed in any notification published with respect to any area under section 54, the provisions of that section shall have effect in the area not only with respect to lands alienated before the commencement of this Act but also with respect to lands alienated under this Act pursuant to approvals given before that commencement.
(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".
(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 qualif
57 Chapter 3 - Rights of access to, and use of, alienated lands-57. General.
(1) Subject to subsection (2), the State Authority shall have in respect of all alienated land such rights of access and use as are conferred by the following provisions of this Chapter.
(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.
58 Chapter 3 - Rights of access to, and use of, alienated lands-58. Nature and extent of rights.
(1) The State Authority may carry, make or instal, and thereafter inspect, use, maintain, repair, remove or re-lay, in, through, over, under or across any alienated land, any drain, sewer, pipe, cable or wire for the passage of water or any other substance, together with all necessary supports and any works ancillary thereto:
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).
59 Chapter 3 - Rights of access to, and use of, alienated lands-59. Notice of intended works.
(1) At least one month before carrying, making or installing any drain, sewer, pipe, cable or wire in, through, over, under or across any land in exercise of the powers conferred by section 58, the State Authority shall publish in the Gazette a notice:
(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.
(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 i
60 Chapter 3 - Rights of access to, and use of, alienated lands-60. Objection to intended works.
(1) Within one month of the application of a notice under subsection 59(1) with respect to any land, any of the persons or bodies on whom a copy of the notice is required to be served by subsection 59(2) may object to the carrying out of the work described therein by serving on the Land Administrator a notice in Form 3a.
(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.
61 Chapter 3 - Rights of access to, and use of, alienated lands-61. Compensation.
Where any land, tree or crop is damaged or destroyed in the exercise of any power conferred on the State Authority by the provisions of this Chapter, 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 or determined in accordance with section 434.
61A Chapter 3 - Rights of access to, and use of, alienated lands-61A. Private person carrying out works.
(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 a
62 DIVISION II DISPOSAL OF LAND Part Four - Disposal Otherwise Than by Alienation Chapter 1 Reservation of land-62. Power of reservation of State land.
(1) The State Authority may by notification in the Gazette reserve any State land for any public purpose.
(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.
(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
63 DIVISION II DISPOSAL OF LAND Part Four - Disposal Otherwise Than by Alienation Chapter 1 Reservation of land-63. Power to lease reserved land.
(1) The State Authority may, on an application made by the officer for the time being having the control of any reserved land, or by any other person or body who has first obtained the approval of that officer, from time to time grant leases of the whole or any part thereof for any period not exceeding twenty-one years.
(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.
64 DIVISION II DISPOSAL OF LAND Part Four - Disposal Otherwise Than by Alienation Chapter 1 Reservation of land-64. Revocation of reservation.
(1) The reservation of any land for a public purpose (whether effected under this Act or the provisions of any law in force at any time before the commencement thereof) may, subject to subsection (2), be revoked by the State Authority at any time, either as respects the whole of the land or as respects any part or parts thereof.
(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 i
65 Chapter 2 Temporary occupation of land-65. Power to licence temporary occupation of State land, mining land and reserved land.
(1) The State Authority may, in accordance with the provisions of this Chapter and of any rules under section 14, permit the temporary occupation under licence of:
(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.
(2) Temporary occupation licences may be issued for any purpose other than one prohibited by subsection 42(2).
66 Chapter 2 Temporary occupation of land-66. Issue of temporary occupation licences.
(1) Temporary occupation licences may, subject to any contrary direction by the State Authority and to the provisions of any rules under section 14, be issued or renewed on behalf of 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
67 Chapter 2 Temporary occupation of land-67. Duration, conditions, etc., and form of temporary occupation licences.
(1) Except in so far as it is otherwise prescribed, every temporary occupation licence other than one to which section 69 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
68 Chapter 2 Temporary occupation of land-68. Temporary occupation licences not capable of transfer or transmission on death.
Except so far as it is otherwise prescribed, a temporary occupation licence shall not be capable of assignment; and every such licence shall, except as provided in section 416, terminate on the death of the person, or dissolution of the body, for the time being entitled to the benefit thereof.
68A Chapter 2 Temporary occupation of land-68A. Deposits in respect of temporary occupation licence.
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.
69 Chapter 2 Temporary occupation of land-69. Combined temporary occupation licence and permit under Chapter 3.
(1) Without prejudice to the generality of subsection 65(2), the purposes for which a temporary occupation licence may be issued shall include the extraction and removal of any rock material (otherwise than for the purpose of obtaining metal or mineral therefrom) from the land to which the licence relates; 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.
(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:
(
70 Chapter 3 Removal of rock material-70. Power to permit extraction, removal and transportation of rock material.
The State Authority may, in accordance with the provisions of this Chapter and of any rules under section 14, permit the extraction, removal and transportation of any rock material (otherwise than for the purpose of obtaining metal or mineral therefrom) from:
(a) State land;
(b) alienated land;
(c) mining land;
(d) reserved land.
71 Chapter 3 Removal of rock material-71. Issue of permits.
(1) Permits to extract, remove and transport rock material may, subject to any contrary direction by the State Authority and to the provisions of any rules under section 14, be issued on behalf of the State Authority:
(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
(i
72 Chapter 3 Removal of rock material-72. Duration, conditions, etc., and form of permits.
(1) Except in so far as it is otherwise prescribed, every permit to extract, remove and transport rock material shall be issued for a term expiring not later than the end of the calendar year in which it commences, and shall terminate at the expiry of that term even though the total quantity of rock material specified therein has not by then been extracted, removed and transported.
(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.
73 Chapter 3 Removal of rock material-73. Permits not capable of transfer or transmission on death.
Except so far as it is otherwise prescribed, a permit to extract, remove and transport rock material shall not be capable of assignment; and every such permit shall, except as provided in section 416, terminate on the death of the person, or dissolution of the body, for the time being entitled to the benefit thereof.
74 Chapter 3 Removal of rock material-74. Deposits in respect of permits.
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 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.
75 Chapter 3 Removal of rock material-75. Effect of permits on conditions affecting land.
The doing of anything authorized by any permit to extract, remove and transport rock material for the time being in force shall not be taken to constitute a breach of any condition to which the land to which the permit relates is for the time being subject, whether by virtue of this Act, of any written law relating to mining, or of any other written law.
75A 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.
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.
75B Chapter 4 Permit to use air space above state land and reserved land-75B. Applications for permits.
(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.
75C Chapter 4 Permit to use air space above state land and reserved land-75C. Issue of permits on approval.
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.
75D Chapter 4 Permit to use air space above state land and reserved land-75D. Conditions, etc., of permits.
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.
75E Chapter 4 Permit to use air space above state land and reserved land-75E. Permits not capable of assignment except with consent of State Authority.
A permit under this Chapter shall not be capable of assignment except with the prior consent of the State Authority.
75F Chapter 4 Permit to use air space above state land and reserved land-75F. Deposit or security in respect of permits.
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.
75G Chapter 4 Permit to use air space above state land and reserved land-75G. Power to cancel permits.
(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.
76 Part Five - Disposal by Alienation Chapter 1 Introductory-76. Meaning of alienation.
The alienation of State land under this Act shall consist of its disposal by the State Authority-
(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 pay
77 Part Five - Disposal by Alienation Chapter 1 Introductory-77. Titles under which land may be alienated.
(1) 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
77A Part Five - Disposal by Alienation Chapter 1 Introductory-77A. [Deleted by Act A615].
78 Part Five - Disposal by Alienation Chapter 1 Introductory-78. How alienation is effected.
(1) The alienation of State land under final title shall be effected in accordance with the provisions of Chapter 3.
(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.
NOTES
Provisions of the National Land Code
Modification
79 Chapter 2 Approval of land for alienation-79. General provisions relating to approvals.
(1) Where any approval of the State Authority to the alienation of land under this Act relates to land which (under subsection 77(2)) is required to be surveyed before it can be held under final title, it shall be given by reference to a plan and description sufficient to enable the land and its boundaries to be provisionally identified and ascertained pending the survey.
(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 u
80 Chapter 2 Approval of land for alienation-80. Supplementary provisions relating to approvals.
(1) 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
81 Chapter 2 Approval of land for alienation-81. Items of land revenue payable on approval.
(1) The following sums shall become due to the State Authority at the time when it approves the alienation of any land under this Act:
(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;
(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 For
82 Chapter 2 Approval of land for alienation-82. Power to require payment of deposit.
(1) The State Authority may if it thinks fit direct that no application for the alienation of land under this Act, or no application for the alienation thereunder of land of any class or description specified in the direction, shall be entertained unless and until there has been paid to the Land Administrator, by way of deposit, an amount estimated by him as the total amount which will become due to the State Authority by virtue of subsection 81(1) if the application is approved.
(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.
*83 Chapter 3 Alienation under final title-*83. Survey for purposes of alienation under final title.
(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.
(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 provis
84 Chapter 3 Alienation under final title-84. Recomputation of items of land revenue after survey.
(1) After any land has been surveyed for the purpose of its alienation under final title, and before it is so alienated, 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 any amounts underpaid or overpaid in respect thereof, or in respect of survey fees:
(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.
<
85 Chapter 3 Alienation under final title-85. Register and issue documents of title.
(1) 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.
NOTES
86 Chapter 3 Alienation under final title-86. Form of documents for Registry title.
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.
87 Chapter 3 Alienation under final title-87. Form of documents for Land Office title.
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.
NOTES
Provisions of the National Land Code
88 Chapter 3 Alienation under final title-88. Registration of register documents of title.
(1) The registration of a grant or State lease shall consist of its authentication under the hand and seal of the Registrar; 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) 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.
NOTES
Provisions of the National Land Code
89 Chapter 3 Alienation under final title-89. Conclusiveness of register documents of title.
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
(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.
90 Chapter 3 Alienation under final title-90. Issue of issue documents of title.
(1) 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.
NOTES
"stratum" means a cubic layer of underground land; and
"underground land" means land which lies below the surface of the earth.
92B Part Five (a) - Disposal of Underground Land-92B. Specification of rights in respect of underground land upon alienation.
(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 a
92C Part Five (a) - Disposal of Underground Land-92C. Alienation of underground State land.
(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, an
92D Part Five (a) - Disposal of Underground Land-92D. Application for independent use or alienation of underground land below alienated land.
(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:
Provided that the State Authority shall not entertain any such application unless rent payable in respect of the land has been pa
92E Part Five (a) - Disposal of Underground Land-92E. Specification of rights in respect of underground land upon the grant of a lease of reserved land.
(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 pro
92F Part Five (a) - Disposal of Underground Land-92F. Lease of underground land below reserved land.
92G Part Five (a) - Disposal of Underground Land-92G. Application for independent use of underground land below leased reserved land.
(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.
(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
92H Part Five (a) - Disposal of Underground Land-92H. Relationship of this Part to other provisions of this Act.
(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.
92I Part Five (a) - Disposal of Underground Land-92I. Regulations by the Minister.
(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 modific
93 DIVISION III ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six - Rent Chapter 1 General-93. Rent to be a debt due to State Authority.
The rent payable in respect of any alienated land shall be a debt due to the State Authority, and accordingly, without prejudice to the provisions of this Act relating to forfeiture of the land for non-payment thereof, shall be recoverable by action brought as mentioned in section 16.
94 DIVISION III ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six - Rent Chapter 1 General-94. When rent due, and when in arrear.
(1) The rent reserved in respect of any alienated land shall be payable as from the beginning of the calendar year in which the land is alienated or, if it is alienated after the end of September in that year, as from the beginning of the calendar year next following.
(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 t
95 DIVISION III ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six - Rent Chapter 1 General-95. Where rent payable.
The rent payable in respect of any alienated land shall be paid by or on behalf of the proprietor thereof at the office of the 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.
96 DIVISION III ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six - Rent Chapter 1 General-96. Computation of rents.
(1) For the purpose of computing the rent payable in respect of any land, whether in connection with its alienation under this 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.
96A DIVISION III ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six - Rent Chapter 1 General-96A. Rent of land with subdivided building.
(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.
97 Chapter 2 Collection of arrears of rent-97. Notice of demand.
(1) Where any rent payable in respect of any alienated land is in arrear, the Land Administrator may cause to be served on the proprietor thereof a notice of demand in Form 6A.
(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.
98 Chapter 2 Collection of arrears of rent-98. Right of chargees, lessees, etc., to pay sum demanded.
(1) The sum demanded by any notice under section 97 may be paid to the Land Administrator within the time specified in the notice by any of the following persons or bodies in addition to the proprietor, that is to say:
(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 c
99 Chapter 2 Collection of arrears of rent-99. Effect of payment of sum demanded.
If the whole of the sum demanded by any notice under section 97 is tendered to the Land Administrator within the time specified therein, the notice shall thereupon cease to have effect, and the Land Administrator shall cancel, or cause to be cancelled, the note endorsed pursuant to subsection (2) of that section on the register document of title to the land to which the notice related.
100 Chapter 2 Collection of arrears of rent-100. Forfeiture for non-payment of sum demanded.
The Land Administrator shall not during the period specified in any notice under section 97 accept the tender by or on behalf of any person or body of a lesser amount than the sum thereby demanded; and if by the end of that period the whole of that sum has not been tendered to him, he shall thereupon by order declare the land forfeit to the State Authority, and the provisions of Part Eight shall have effect with respect thereto accordingly.
101 Chapter 3 Revision of rent-101. Power of State Authority to revise rents periodically.
(1) Subject to subsection (5), the State Authority may from time to time revise in accordance with the following provisions of this section the rents payable in respect of alienated lands within the State.
(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) increase or reduce by the same proportion the rents payable in respect of all lands to which the revision extends; or
(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.
102 Chapter 3 Revision of rent-102. Power in respect of lands alienated before commencement.
(1) The State Authority may, direct with respect to any class or description of lands alienated before the commencement of this Act that, as from the beginning of such calendar year as may be specified in the direction, rent shall become payable at the standard rate in the case of all such lands other than any which are already subject to a higher rate.
(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 sub
103 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-103. Interpretation and scope.
(1) 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;
"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 p
104 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-104. Conditions and restrictions in interest to run with the land.
Every condition or restriction in interest shall run with the land to which it relates, and shall bind the proprietor thereof for the time being and every person or body having or claiming any interest in the land, howsoever derived.
105 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-105. Duration of conditions and restrictions in interest.
(1) Every condition or restriction in interest imposed by or under this Act shall, except where it is otherwise provided by this Act or the context otherwise requires, commence to run from the date of alienation of the land to which it relates.
(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.
106 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-106. Time to be of the essence of fixed-term conditions of a positive character.
Time shall be deemed to be of the essence of every condition subject to a fixed term by which the proprietor of any land is required to do any act.
107 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-107. Extension of time for compliance with fixed-term conditions of a positive character.
(1) In the case of any condition to which section 106 applies the State Authority may (whether before or after the expiry of the period, or the occurrence of the date or event, specified therein for the doing of the act in question) allow such additional time for the doing of that act as it may think fit, and the condition shall thereupon have effect as if it had required the act to be done within that time in the first instance.
(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 th
108 Part Seven - Conditions and Restrictions in Interest Chapter 1 General-108. Conflict with local by-laws, etc.
Where any land affected by any by-law of, or restriction imposed by, any local authority or planning authority becomes subject by virtue of this Act to any condition which is inconsistent therewith, the condition shall prevail, and the by-law or restriction shall, to the extent of the inconsistency, cease to apply to the land.
109 Chapter 2 Summary of conditions and restrictions in interest affecting alienated lands LANDS ALIENATED UNDER THIS ACT-109. Conditions, etc., applicable on alienation.
(1) This section applies to all land alienated under this Act other than land approved for alienation before the commencement thereof.
(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.
110 LANDS ALIENATED BEFORE COMMENCEMENT-110. Conditions, etc., applicable as from commencement.
Land alienated before the commencement of this Act shall be subject as from that commencement to the following conditions and restrictions in interest:
(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);
(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
111 LANDS ALIENATED BEFORE COMMENCEMENT-111. Conditions, etc., applicable after category of land use imposed under section 54.
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.
112 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.
(1) This section applies to all land alienated under this Act pursuant to an approval given by the State Authority before the commencement thereof.
(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
113 CHANGES IN CONDITIONS AND RESTRICTIONS-113. Manner in which changes may be effected.
The conditions and restrictions in interest applicable to any alienated land shall, after becoming fixed by the operation of any of the preceding provisions of this Chapter, be subject to all such changes as may result from:
(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.
All alienated land shall be subject to the following implied conditions relating to the boundary marks thereof:
(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.
NOTES
(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);
(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,
116 CATEGORY: BUILDING-116. Implied conditions affecting land subject to the category "building".
(1) Where any alienated land is subject by virtue of any provision of this Act to the category "building", the following implied conditions shall, subject to subsection (3), apply thereto:
(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 app
116A CATEGORY: BUILDING-116A. [Deleted by Act A615].
117 CATEGORY: INDUSTRY-117. Implied conditions affecting land subject to the category "industry".
(1) Where any alienated land is subject by virtue of any provision of this Act to the category "industry", the following implied conditions shall, subject to subsection (2), apply thereto:
(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
118 AGRICULTURAL LAND ALIENATED UNDER QUALIFIED TITLE-118. Implied condition affecting agricultural land alienated under qualified title.
(1) 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.
(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.
119 LAND ENDORSED "PADI" BEFORE COMMENCEMENT-119. Implied condition affecting land alienated before commencement for padi cultivation.
(1) Where the document of title to any country land alienated before the commencement of this Act, not being land exceeding four hectares in area, contains the expression "padi", or any equivalent or variant thereof specified in the Fourth Schedule, as the nature of cultivation or the purpose of alienation thereof, or as part of that nature or one such purpose, then, subject to subsections (2) and (3), the land shall be subject to the following implied conditions:
(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 are
120 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.
(1) 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.
121 LAND ALIENATED SUBJECT TO A CATEGORY-121. Category: Agriculture.
(1) Where in pursuance of section 52 any land is alienated under this Act subject to the category "agriculture", 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:
(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.
122 LAND ALIENATED SUBJECT TO A CATEGORY-122. Categories: Building and Industry.
Where in pursuance of section 52 any land is alienated under this Act subject to the category "building" or the category "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;
(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.
NOTE:
** In respect of underground land, substitute for the word "area" the word "stratum"
see PU(A) 204/1997 .
123 LAND BECOMING SUBJECT TO A CATEGORY AFTER ALIENATION-123. Imposition of express conditions on land becoming subject to a category under section 54.
(1) The State Authority may, in any notification given under section 54 with respect to any area, direct that, as from the date on which any land in the area becomes subject by virtue of the notification to any category of land use specified in the direction, it shall be subject also to such express conditions as are so specified, being conditions relating to any of the matters mentioned in section 121 or 122.
(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.
124 VARIATION OF CONDITIONS, RESTRICTIONS AND CATEGORIES-124. Power of State Authority to vary conditions, etc., on application of proprietor.
(1) 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;
(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, o
124A VARIATION OF CONDITIONS, RESTRICTIONS AND CATEGORIES-124A. Simultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portions.
(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.
(3) The approval of the application for subdivision and
125 Chapter 5 Enforcement of conditions-125. When a breach of condition arises.
(1) A breach of a condition requiring continuous performance shall arise so soon, and continue so long, as the condition is not complied with.
(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.
126 Chapter 5 Enforcement of conditions-126. Breach of complex condition.
Where any condition consists of two or more separate obligations or liabilities, a failure to fulfil any of those obligations or liabilities shall constitute a breach of the condition.
127 Chapter 5 Enforcement of conditions-127. Liability to forfeiture for breach of condition.
(1) Upon any breach arising of any condition to which any alienated land is for the time being subject:
(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 L
128 Chapter 5 Enforcement of conditions-128. Summary action to secure remedying of breach of condition.
(1) Where:
(a) any alienated land is liable under section 127 to forfeiture to the State Authority for breach of any condition; and
(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 compl
129 Chapter 5 Enforcement of conditions-129. Action to enforce forfeiture for breach of condition.
(1) The Land Administrator shall take action under this section wherever any alienated land is liable under section 127 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.
(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
130 Part Eight - Forfeiture-130. Forfeiture to take effect upon notification in the Gazette.
(1) As soon as may be after the making of an order under section 100 or 129 with respect to any land (that is to say, an order declaring the land forfeit to the State Authority for non-payment of rent or the breach of any condition), the Land Administrator shall publish in the Gazette a notification of forfeiture in Form 8A; 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.
131 Part Eight - Forfeiture-131. Effects of forfeiture.
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.
132 Part Eight - Forfeiture-132. Land not to be re-alienated, etc., during period for appeal against forfeiture.
(1) Where any land has reverted to the State Authority by reason of the taking effect of any forfeiture under this Act, the 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
133 Part Eight - Forfeiture-133. Power of State Authority to annul forfeiture, or re-alienate to previous proprietor on new terms, etc.
(1) Any person or body who was the proprietor of any alienated land immediately before its forfeiture under this Act may at any time apply to the State Authority for the annulment of the forfeiture.
(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 S
134 Part Eight - Forfeiture-134. Appeals against forfeiture.
(1) The validity of any forfeiture under this Act shall not be challenged in any court except by means of, or in proceedings consequent upon, an appeal under section 418 against the order of the Land Administrator under section 100 or 129; and, notwithstanding anything in any other written law, no such appeal shall be commenced after the expiry of the period of three months allowed for the bringing thereof by the said section 418.
(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 t
135 Part Nine - Subdivision, Partition and Amalgamation Chapter 1 Subdivision of lands-135. Power of proprietor to subdivide with approval of State Director or Land Administrator.
(1) The proprietor of any alienated land held under Registry or Land Office title may, with the approval under this Chapter of the State Director or Land Administrator, as provided by subsection (2), subdivide the land into two or more portions (in this Chapter referred to as "subdivisional portions") to be held by him under separate titles.
(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.
NOTES
Provisions of the National Land Code
136 Part Nine - Subdivision, Partition and Amalgamation Chapter 1 Subdivision of lands-136. Conditions for approval of subdivision.
(1) No subdivision shall be approved by the State Director or, as the case may be, Land Administrator unless the following conditions are satisfied:
(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
137 Part Nine - Subdivision, Partition and Amalgamation Chapter 1 Subdivision of lands-137. Applications for approval.
(1) Any application by a proprietor for approval of the subdivision of any land shall be made in writing to the Land 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 l
138 Part Nine - Subdivision, Partition and Amalgamation Chapter 1 Subdivision of lands-138. Powers of Land Administrator or State Director in relation to applications.
(1) Where any application under subsection 137(1) relates to land the subdivision of which is required to be approved by the 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 Administ
139 Part Nine - Subdivision, Partition and Amalgamation Chapter 1 Subdivision of lands-139. Issue of title to subdivisional portions.
(1) Notwithstanding that the subdivision of any land has been approved under this Chapter, final documents of title to the subdivisional portions shall not be registered or issued until each such portion has been surveyed in accordance with section 396.
(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.
140 Chapter 2 Partition of lands-140. Powers of co-proprietors to partition with approval of State Director, Land Administrator or State Authority.
(1) 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
(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 ab
141 Chapter 2 Partition of lands-141. Conditions for approval of partition.
(1) No partition shall be approved by the State Director or, as the case may be, Land Administrator unless:
(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 subparagrap
141A Chapter 2 Partition of lands-141A. Application for partition by any co-proprietor.
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.
142 Chapter 2 Partition of lands-142. Applications for approval.
(1) Any application for approval of the partition of any land shall be made in writing to the Land Administrator in Form 9B, and shall be accompanied by:
(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 a
143 Chapter 2 Partition of lands-143. Powers of Land Administrator or State Director in relation to applications.
(1) Where any application under subsection 142(1) relates to land the partition of which is required to be approved by the 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 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)
143A Chapter 2 Partition of lands-143A. Power of State Authority in relation to application for partition of land subject to the category "agriculture".
(1) The State Authority may, upon giving due consideration to the application referred to it pursuant to subsection 142(5) and in the case of an application made under section 141A, on being satisfied that subsections 142(3) and (4) have been complied with, approve the application subject to such conditions and modifications or reject the application if it thinks fit.
(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 c
144 Chapter 2 Partition of lands-144. Issue of title to individual portions.
Section 139 shall have effect, mutatis mutandis , where the partition of any land has been approved under this Chapter as they have effect where the subdivision of any land has been approved under Chapter 1.
145 Chapter 2 Partition of lands-145. Power of Court to facilitate termination of co-proprietorship.
(1) 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 be
146 Chapter 3 Amalgamation of lands-146. Power of proprietor to amalgamate contiguous lots with approval of State Director or Land Administrator.
(1) Any person in whom two or more contiguous lots of alienated land are vested under separate Registry or Land Office titles may, with the approval under this Chapter of the State 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 a
147 Chapter 3 Amalgamation of lands-147. Conditions for approval of amalgamation.
(1) 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;
(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 res
148 Chapter 3 Amalgamation of lands-148. Applications for approval.
(1) Any application for approval of the amalgamation of any lots shall be made in writing to the Land Administrator in 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 e
149 Chapter 3 Amalgamation of lands-149. Powers of Land Administrator or State Director in relation to applications.
(1) Where any application under subsection 148(1) relates to lots the amalgamation of which is required to be approved by the 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.
(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
150 Chapter 3 Amalgamation of lands-150. Issue of title to combined area.
Section 139 shall have effect, mutatis mutandis , where the amalgamation of any lots has been approved under this Chapter as they have effect where the subdivision of any land has been approved under Chapter 1.
151 - 157 Chapter 4 Subdivision of buildings-151 - 157. [Repealed by Act 318].
157A Part Nine (a) - Powers of Attorney-157A. Application by donee of a power of attorney.
(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
157B Part Nine (a) - Powers of Attorney-157B. Procedure in respect of filing of copy of power of attorney.
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.
158 Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-158. Registry title-the register of grants and the register of State leases.
(1) The Registrar shall open for the purposes of this Act two series of books, to be known respectively as-
(a) the register of grants; and
(b) the register of State leases,
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 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 multileaf title, the Registrar shall open two new series of books to be known respectively as:
(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
159 Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-159. Land Office title-the Mukim Registers.
(1) 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:
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 a
160 Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-160. Saving for existing registers.
Every register of title subsisting at the commencement of this Act shall be retained by the Registrar or, as the case may be, Land Administrator, and, notwithstanding that it may not thereafter be used for the preparation or binding up of any document of title, shall, so far as the titles therein have not been continued into or replaced by any other register, continue in use for all other purposes of this Act.
NOTES
Provisions of the National Land Code
Modification
Section 160
In its application to the Federal Territory of Labuan, delete the words "or, as the case may be, Land Administrator".
160A Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-160A. Definition of "new district".
In this Part "new district" means one of the districts into which the territory of the State has been divided by notification in the Gazette under paragraph 11 (a) by the State Authority on or after 1 January 1966.
NOTES
Provisions of the National Land Code
Modification
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".
see PU(A) 454/2009
160B Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-160B. Powers of Land Administrator of new district in respect of registers.
(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.
(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 num
160C Part Ten - Preparation and Maintenance of Registers on Final Title Chapter 1 The registers-160C. Issue of title in continuation.
(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.
161 - 163 Chapter 2 The subsidiary register-161 - 163. [Repealed by Act 318].
164 Chapter 3 Final title in continuation of final title INTRODUCTORY-164. When title in continuation may be issued under this Chapter.
(1) The issue of title in continuation under this Chapter shall consist of the preparation, registration and issue under this 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
165 Chapter 3 Final title in continuation of final title INTRODUCTORY-165. General provisions with respect to documents in continuation.
(1) The preparation, registration and issue of documents in continuation under this Chapter shall be effected:
(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
166 CONTINUATION OF TITLE TO LAND AS A WHOLE-166. Circumstances in which title in continuation may be issued to land as a whole.
(1) The circumstances in which title in continuation may be issued under this Chapter to any land as a whole are as follows:
(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 p
167 CONTINUATION OF TITLE TO LAND AS A WHOLE-167. Preliminary procedure in circumstances described in paragraph 166(1)(a) or (e).
Where the Registrar or Land Administrator proposes to issue title in continuation in the circumstances described in paragraph 166(1) (a) or (e) , and the issue document of title to the land is not at the time in his hands, he shall:
(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) .
NOTES
Provisions of the National Land Code
Modification
Section 167
In it
168 CONTINUATION OF TITLE TO LAND AS A WHOLE-168. Preliminary procedure in circumstances described in paragraph 166(1)(c) or (d).
Before issuing title in continuation in the circumstances described in paragraph 166(1) (c) or (d) , the Registrar or Land 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.
NOTES
Provisions of the National Land Code
Modification
Section 168
In its application to the Federal Territory of Labuan, delete th
169 CONTINUATION OF TITLE TO LAND AS A WHOLE-169. Costs of issuing title in continuation to land as a whole.
(1) The fees chargeable in connection with the issue of title in continuation under this Chapter to any land as a whole shall be payable:
(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
170 CONTINUATION OF TITLE TO LAND AS A WHOLE-170. Form and content of documents in continuation of title to land as a whole.
(1) For the purpose of the issue of title in continuation under this Chapter to any land as a whole:
(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) Eve
171 CONTINUATION OF TITLE ON SUBDIVISION, ETC.-171. Preliminary procedure in cases of subdivision.
(1) 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
(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 deliv
172 CONTINUATION OF TITLE ON SUBDIVISION, ETC.-172. Preliminary procedure in cases of partition and amalgamation.
Where title in continuation is to be issued under this Chapter on the partition or amalgamation of any alienated land or lands section 171 shall apply, mutatis mutandis , as they apply where it is to be so issued on any subdivision:
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).
173 CONTINUATION OF TITLE ON SUBDIVISION, ETC.-173. Form and content of documents in cases of subdivision, partition and amalgamation.
(1) For the purpose of the issue of title in continuation under this Chapter on the subdivision, partition or amalgamation of any alienated land or lands:
(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.
174 PROCEDURE AFTER ISSUE OF TITLE IN CONTINUATION-174. Cancellation, etc., of subsisting documents of title.
(1) 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.
(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
175 ISSUE OF DUPLICATE ISSUE DOCUMENT ONLY-175. Power to issue duplicate issue document only where register document not in need of renewal.
(1) Where the Registrar or Land Administrator is empowered to issue title in continuation to any land as a whole by reason of the circumstances described in paragraph 166(1) (b) , (c) or (d) , but:
(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 wi
175A Chapter 4 Replacement of register document of final title-175A. Power to replace register document of title where the register is lost, etc.
(1) Where any register document of final title (including the subsidiary register) is lost, or wholly or partially destroyed or any entry therein is wholly or partially illegible (in this Chapter referred to as "the original register"), the Registrar or Land 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 o
175B Chapter 4 Replacement of register document of final title-175B. Application for registration as a proprietor of land or of interest in the present register.
(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.
175C Chapter 4 Replacement of register document of final title-175C. Preparation of provisional register document of title.
(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;
(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 A
175D Chapter 4 Replacement of register document of final title-175D. Provisional register document of title to be opened for inspection.
(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
(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.
NOTES
175E Chapter 4 Replacement of register document of final title-175E. Objection.
(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
175F Chapter 4 Replacement of register document of final title-175F. Authentication of the provisional register document and the effect of such authentication.
(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 A
176 Part Eleven - Qualified Title Chapter 1 Introductory-176. Purposes and effect of qualified title.
(1) 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
(ii) to the combined area to be formed by the amalgamation of any such lands pursuant to 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
177 Part Eleven - Qualified Title Chapter 1 Introductory-177. Forms of qualified title, and documents of title appropriate thereto.
(1) 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.
(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).
NOTES
178 Part Eleven - Qualified Title Chapter 1 Introductory-178. Preparation, registration and issue of documents of qualified title.
(1) Documents of qualified title shall be prepared, registered and issued by the Registrar in the case of the form of qualified title corresponding to Registry title, and by the Land Administrator in the case of that corresponding to Land Office title.
(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.
NOTES
NOTES
Provisions of the National Land Code
Modification
Subsection 180(1)
In its application
181 Chapter 2 Alienation under qualified title-181. Procedure prior to registration and issue of qualified title.
(1) Before the registration and issue of the documents of qualified title under section 180 in respect of any land, the Land 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
182 Chapter 2 Alienation under qualified title-182. Rent to be paid on basis of approved area.
The rent falling due in respect of any land at any time after it has been alienated under qualified title and before the issue of final title thereto pursuant to Chapter 4 shall be computed on the basis of the area provisionally approved for alienation by the State Authority.
183 Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-183. Subdivision.
(1) The proprietor of any alienated land the subdivision of which has been approved under Chapter 1 of Part Nine may at any time thereafter apply in writing to the Land Administrator for the issue to him of qualified title to the subdivisional portions in continuation of the existing final title to the land.
(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:
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 appli
183A Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-183A. Power of Registrar or Land Administrator relating to the issuance of final title upon subdivision.
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.
NOTES
Provisions of the National Land Code
Modification
Section 183A
In its application to the Federal Territory of Labuan:
(1) in t
184 Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-184. Partition.
Section 183 shall have effect, with the necessary modifications, for the purpose of enabling qualified title to be applied for and issued in respect of the individual portions into which any alienated land is to be partitioned pursuant to Chapter 2 of Part Nine.
184A Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-184A. Power of Registrar or Land Administrator relating to the issuance of final title upon partition.
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.
NOTES
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 Administr
185 Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-185. Amalgamation.
(1) Section 183 shall likewise have effect, with the necessary modifications, for the purpose of enabling qualified title to be applied for and issued in respect of the combined area to be formed by the amalgamation of two or more lots of alienated land pursuant to Chapter 3 of Part Nine.
(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
185A Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-185A. Power of Registrar or Land Administrator relating to the issuance of final title upon amalgamation.
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.
NOTES
Provisions of the National Land Code
Modification
Section 185A
In its application to the Federal Territory of Labuan:
(1) in the shoulder note, delete the words "or Land Administ
186 Chapter 3 Final title and qualified title in continuation ON SUBDIVISION, PARTITION AND AMALGAMATION OF LANDS HELD UNDER FINAL TITLE-186. Contents of documents prepared on subdivision, partition or amalgamation.
(1) Every document of qualified title prepared on the subdivision, partition or amalgamation of any alienated land or lands:
(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 su
187 WHERE REGISTER DOCUMENT OF QUALIFIED TITLE REQUIRES REPLACEMENT-187. Power to issue title in continuation where register document full up, etc.
(1) Where, in the case of any land held under qualified title, it appears to the Registrar or Land Administrator:
(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.
(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:
187A WHERE REGISTER DOCUMENT OF QUALIFIED TITLE REQUIRES REPLACEMENT-187A. Power to replace register document of qualified title where the register is lost, etc.
Where the register document of title to any land held under qualified title is lost, or wholly or partially destroyed or any entry therein is wholly or partially illegible, sections 175A to 175F shall apply mutatis mutandis as they apply in the case where any register document of final title is lost or wholly or partially destroyed or any entry therein is wholly or partially illegible.
187AA WHERE REGISTER DOCUMENT OF QUALIFIED TITLE REQUIRES REPLACEMENT-187AA. Power to issue title in continuation upon creation of a new district under section 160A.
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.
187B 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.
(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.
(2) An application under paragraph (1) (
188 PROCEDURE AFTER ISSUE OF TITLE IN CONTINUATION-188. Cancellation, etc., of subsisting documents of title.
The provisions of subsections 174(1) and (2) with respect to the cancellation and destruction of subsisting documents of title shall have effect, mutatis mutandis , where title in continuation has been issued under this Chapter as they have effect where it has been issued under Chapter 3 of Part Ten.
189 Chapter 4 Conversion of qualified title into final title-189. Conversion to take place after survey.
Where any land held under qualified title has been duly surveyed in accordance with section 396, final title may be issued in continuation of the qualified title in accordance with the following provisions of this Chapter.
190 Chapter 4 Conversion of qualified title into final title-190. Procedure in case of land alienated under qualified title.
(1) 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.
(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.
191 Chapter 4 Conversion of qualified title into final title-191. Procedure in case of land held under qualified title on subdivision, etc.
In the case of land which became held under qualified title on a subdivision, partition or amalgamation:
(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.
192 Chapter 4 Conversion of qualified title into final title-192. Preparation, registration and issue of documents of final title.
(1) The documents of final title to be prepared, registered and issued in respect of any land under this Chapter shall consist of:
(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.
(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.
193 Chapter 4 Conversion of qualified title into final title-193. Contents of documents of title.
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
(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).
194 Chapter 4 Conversion of qualified title into final title-194. Cancellation, etc. of subsisting documents of title.
The provisions of subsections 174(1) and (2) with respect to the cancellation and destruction of subsisting documents of title shall have effect, mutatis mutandis , where final title has been issued under this Chapter as they have effect where it has been issued under Chapter 3 of Part Ten.
195 Part Twelve - Surrender of Title Power to Surrender-195. Power to surrender whole or part with approval of State Director or Land Administrator.
(1) 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.
NOTES
Provisions of the National Land
196 Part Twelve - Surrender of Title Power to Surrender-196. Conditions for approval of surrender.
(1) No surrender, whether of the whole or a part only of any alienated land, shall be approved by the State Director or, as the case may be, Land Administrator unless the following conditions are satisfied:
(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);
<
197 Procedure for Surrender of Whole-197. Applications for approval of surrender of whole.
(1) Any application for approval by a proprietor wishing to surrender the whole of the land comprised in his title shall be made in writing to the Land Administrator in Form 12A, and shall be accompanied by:
(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
198 Procedure for Surrender of Whole-198. Procedure on applications.
(1) Where any application under subsection 197(1) relates to land the surrender of which requires the approval of the State 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 doc
199 Procedure for Surrender of Whole-199. Revesting of land and destruction of issue document.
(1) Upon the making of any memorial pursuant to subsection 198(4), the land to which it relates shall revert to and vest in the State Authority as State land; and section 131 shall apply as if the land had reverted pursuant to a forfeiture.
(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.
200 Procedure for Surrender of Part Only-200. Applications for approval of surrender of part.
(1) Any application for approval by a proprietor wishing to surrender a part only of the land comprised in his title shall be made in writing to the Land Administrator in Form 12B, and shall be accompanied by:
(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.
(3) An application under subsection (1) may be submitted
201 Procedure for Surrender of Part Only-201. Procedure on applications.
(1) Where any application under subsection 200(1) relates to land the surrender of which requires the approval of the State 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.
(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 sha
202 Procedure for Surrender of Part Only-202. Revesting of part surrendered, and resurvey of part retained.
(1) Upon the making of any memorial pursuant to subsection 201(4), the part in question shall revert to and vest in the State Authority as State land; and paragraphs 131 (a) and (b) 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 ren
203 Surrender and Re-alienation-contiguous Lots Held Under Land Office Title-203. Applications for surrender and re-alienation, and procedure thereon.
(1) In the special circumstances specified in subsection (2), the Land Administrator may approve the surrender of any two or more contiguous lots held by same proprietor under Land Office title on the terms that the land comprised therein be immediately re-alienated to the proprietor in different units, each of less than four hectares, and each under the form of qualified title corresponding to Land Office title.
(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
204 Surrender and Re-alienation-contiguous Lots Held Under Land Office Title-204. Procedure for re-alienation.
(1) Where any application for surrender has been approved in the circumstances specified in section 203, documents of qualified title in the form corresponding to Land Office title shall be registered in respect of each of the proposed new units immediately after the making of the memorials of surrender required by subsection 198(4).
(2) Each such document shall state that it relates to land realienated 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.
(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 su
204A Surrender and Re-alienation-special Provisions-204A. Declaration as to continued operation of section 124 and Chapters 1 and 3 of Part Nine.
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.
204B Surrender and Re-alienation-special Provisions-204B. Power to approve surrender and re-alienation.
(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.
(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.
204C Surrender and Re-alienation-special Provisions-204C. Conditions for approval of surrender and re-alienation.
(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
204D Surrender and Re-alienation-special Provisions-204D. Applications for approval of surrender and re-alienation.
(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 declare
204E Surrender and Re-alienation-special Provisions-204E. Procedure on applications.
(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
204F Surrender and Re-alienation-special Provisions-204F. Reconsideration under subsection 79(2) and withdrawal of application.
(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).
204G Surrender and Re-alienation-special Provisions-204G. Reversion of land and destruction of issue document.
(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.
(3) The issu
204GA Surrender and Re-alienation-special Provisions-204GA. Land subject to a charge.
(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 titl
204H Surrender and Re-alienation-special Provisions-204H. Application of Act to re-alienation as to alienation.
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.
205 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-205. Dealings capable of being effected, and persons capable of taking thereunder.
(1) The dealings capable of being effected under this Act with respect to alienated lands and interests therein shall be those specified in Parts Fourteen to Seventeen, and no others.
(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 su
206 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-206. Need for proper instrument of dealing, duly registered.
(1) 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 al
207 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-207. Form of instruments of dealing.
(1) Every instrument effecting any dealing under this Act shall be in such of the forms in the First Schedule as is specified in relation to the dealing in question in the appropriate Part of this Division:
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.
208 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-208. Instruments to contain description, etc., of parties.
(1) 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).
209 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-209. Instruments to contain proper description of land affected.
(1) Subject to subsection (2), every instrument effecting any dealing under this Act shall describe the land to which, or to any share or interest in which, it relates by reference to:
(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.
(
210 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-210. Execution of instruments of dealing.
(1) Every instrument effecting any dealing under this Act shall be executed in accordance with the following provisions of this section by each of the parties and the parties consenting thereto or, in the case of any particular party, by a person acting on his behalf under a valid power of attorney or on the authority of any written law (including this Act) or the order of any court.
(2) The execution of any such instrument by a natural person shall consist of his signing it or affixing his thumbprint thereto.
(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
211 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-211. Attestation of instruments of dealing.
(1) Every execution by a natural person of any instrument effecting any dealing under this Act shall be attested in accordance with the following provisions of this section by one of the officers or other persons specified in that behalf in the Fifth Schedule:
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.
(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.
NOTES <
212 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-212. Inclusion in one instrument of dealings affecting different lands.
No instrument shall be capable of effecting dealings under this Act with respect to more lands than one unless:
(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.
NOTES
Provisions of the National Land Code
Modification
Section 212
In its application to the Federal Territory of Labuan, in paragraph
(b) , delete the words "or Land
213 DIVISION IV ALIENATED LANDS: DEALINGS Part Thirteen - General-213. Special provisions with respect to tenancies exempt from registration.
(1) 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;
(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 subsecti
214 Part Fourteen - Transfers Powers of Transfer-214. What may be transferred, and restrictions on exercise of powers.
(1) 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 pre
214A Part Fourteen - Transfers Powers of Transfer-214A. Control of transfer of estate land.
(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 Autho
215 Transfers of Land-215. Form, and effect generally, of transfer of land.
(1) The transfer under this Act of any alienated land shall be effected by an instrument in Form 14A.
(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;
(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.
216 Transfers of Land-216. Additional provisions with respect to lands transferred subject to leases, charges, etc.
(1) Where, by virtue of subsection 215(3), any land is transferred subject to any lease, charge or tenancy exempt from registration:
(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 afte
217 Transfers of Undivided Shares-217. Form and effect of transfer of undivided share.
(1) The transfer under this Act of any undivided share in alienated land shall be effected by an instrument in Form 14A.
(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.
218 Transfers of Leases and Charges-218. Form of transfer of lease or charge.
(1) 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.
219 Transfers of Leases and Charges-219. Effect of transfer of lease or charge.
(1) The interest of any lessee or chargee shall pass to and vest in the transferee upon the registration of the transfer.
(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
220 Transfers of Exempt Tenancies-220. Form and effect of transfer of exempt tenancy.
(1) Tenancies exempt from registration may, as provided by subsection 213(2), be transferred under this Act either by word of mouth or by a written instrument in any form whatsoever.
(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.
221 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-221. Power of proprietors to lease for terms exceeding 3 years.
(1) Subject to sections 225 and 226, the proprietor of any alienated land may grant leases of the whole or any part thereof in accordance with the following provisions of this section.
(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.
NOTES
222 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-222. Power of lessees and sublessees to sublet for terms exceeding 3 years.
(1) Subject to sections 225 and 226, any lessee or sublessee for the time being of any alienated land may grant subleases of the whole or any part of the land comprised in his lease or sublease in accordance with the following provisions of this section.
(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.
223 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-223. Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 years.
(1) Subject to sections 225 and 226, tenancies (or, as the case may be, subtenancies) for terms not exceeding three years may be granted as follows:
(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 def
224 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-224. Calculation of terms of leases and tenancies.
In determining for the purposes of this Chapter whether any term for which land is granted exceeds any specified number of years:
(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
(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.
225 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-225. General restrictions on powers conferred by this Chapter.
(1) 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.
226 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-226. Additional restriction where land or lease subject to prior charge.
(1) Where any alienated land, lease or sublease is subject to a charge, the proprietor, lessee or sublessee, as the case may be, shall not be capable of granting any lease, sublease or tenancy under this Chapter without the consent of the chargee.
(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.
227 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-227. Effect of leases and tenancies.
(1) The interest of any lessee, sublessee or tenant shall, whether or not it takes effect in possession, vest in him on the registration of the lease or sublease or, as the case may be, the grant of the tenancy.
(2) The said interest shall include the benefit of all registered interests then enjoyed with the land to which it relates.
228 Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-228. Options for renewal, or for purchase of reversion.
(1) Any lease, sublease or tenancy granted under this Chapter may confer on the lessee, sublessee or tenant an option, exercisable at any time before the expiry of the term thereby created or its sooner determination:
(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.
228A Part Fifteen - Leases and Tenancies Chapter 1 Powers of leasing, etc.-228A. Reference to a part of any building.
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.
229 Chapter 2 Express and implied provisions-229. Incorporation of agreements set out in Sixth Schedule.
(1) Any of the agreements on the part of a lessee set out in the Sixth Schedule may be incorporated in any lease granted under Chapter 1 by a reference to the appropriate paragraph of that Schedule.
(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.
230 Chapter 2 Express and implied provisions-230. Agreements implied in all leases and subleases.
(1) In every lease or sublease granted under Chapter 1 there shall be implied on the part of the lessee or sublessee an agreement that he will pay the rent thereby reserved at the times and in the manner therein specified and will duly observe and perform all conditions, express or implied, to which the land is subject.
(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 unde
231 Chapter 2 Express and implied provisions-231. Agreements by lessees and sublessees implied in absence of contrary intention.
(1) The following agreements on the part of the lessee shall be implied in every lease granted under Chapter 1 in the absence of any express provision therein to the contrary:
(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
(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 r
232 Chapter 2 Express and implied provisions-232. Agreements by lessors and sublessors implied in absence of contrary intention.
(1) The following agreements on the part of the lessor shall be implied in every lease granted under Chapter 1 in the absence of any express provision therein to the contrary:
(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;
(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 ne
233 Chapter 2 Express and implied provisions-233. Construction of implied agreements to keep "in repair".
In the absence of any express provision therein to the contrary, any agreement to keep any building or part of a building "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.
234 Chapter 3 Forfeiture-234. Power of forfeiture.
(1) Every lease, sublease or tenancy exempt from registration, whether granted before or after the commencement of this Act, shall, subject to any express provision therein to the contrary, be liable to forfeiture if the lessee, sublessee or tenant for the time being:
(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 f
Legal Commentary on Section 234 of the NATIONAL LAND CODE (REVISED-2020)
Introduction
Section 234 of the National Land Code (Revised-2020) deals with the joinder of charges, the manner of trial, and the scope of trying multiple offences together under Malaysian land law. It provides statutory guidelines to ensure fair and proper trial procedures, especially when multiple offences or charges are involved. The section aims to prevent misuse of the legal process through improper joinder or trial of unrelated offences, thus safeguarding procedural fairness and legal certainty.
What does Section 234 Say
Section 234 primarily prescribes:- When multiple charges of the same or different offences can be joined in a single trial.- The limitations on the number of offences of the same kind that can be tried together (not exceeding three).- The requirement that offences must be committed within a specific period (not exceeding 12 months for offences of the same kind).- The exceptions where offences can be tried together if they form part of the same transaction (as per Section 235).- That the joinder of charges must be in accordance with the provisions and limitations set out, and violations can lead to quashing or separate trials.
Essential Ingredients
Joinder of offences: Permissible when offences are of the same kind or form part of the same transaction.
Limit on number of offences: Not exceeding three offences of the same kind within 12 months.
Different offences: Can be tried together if they are part of the same series of acts forming a single transaction.
Procedural compliance: Trial must adhere to the prescribed rules; improper joinder can lead to legal invalidity.
Trial of multiple offences: Allowed under specific circumstances, but must respect statutory limits and conditions.
Exceptions: Provided under Sections 234, 235, 236, and 239 for special cases of joinder and trial procedures.
Scope of Section
Scope of offences: Applies to offences of the same or different kinds, provided they are linked by the same transaction or within the prescribed time frame.
Scope of trial: Limits the number of offences that can be tried jointly, ensuring procedural fairness.
Scope of application: Extends to criminal proceedings involving multiple charges, including land-related offences, fraud, breach of trust, etc., under the Code of Criminal Procedure.
Limitations: Cannot try more than three offences of the same kind committed within 12 months unless they are part of the same transaction.
Legal safeguards: Ensures that accused persons are not prejudiced by improper joinder, maintaining the integrity of trial procedures.
Punishment for Violations
Procedural invalidity: If charges are improperly joined beyond the limits, courts may quash the proceedings or order separate trials.
Legal consequences: Unlawful joinder can lead to the trial being declared illegal, and the accused may be entitled to acquittal or separate proceedings.
No substantive punishment: Section 234 does not prescribe substantive penalties but ensures procedural correctness; violations impact trial validity.
Remedies: The accused can seek quashing of charges or separate trials if joinder exceeds permissible limits.
Protection against abuse: Prevents the prosecution from consolidating unrelated offences to harass or prejudice the accused.
Legal Comments
Joinder of charges - Section 234 limits joinder to a maximum of three offences of the same kind within 12 months, ensuring procedural fairness and preventing abuse of process. [Section 234, Criminal Procedure Code]
Same transaction - Offences committed in one series of acts so connected as to form the same transaction can be tried together, promoting judicial efficiency. [Section 235, Criminal Procedure Code]
Multiple offences - The section allows trial of multiple offences of different kinds if they are part of the same transaction, broadening scope but within statutory limits. [Section 234, Criminal Procedure Code]
Limit on offences - The restriction of trying only up to three offences of the same kind within 12 months prevents excessive consolidation, protecting the rights of the accused. [Section 234, Criminal Procedure Code]
Procedural safeguards - Proper adherence to the limits prescribed in Section 234 is vital; exceeding these limits can lead to trial being declared illegal. [Section 234, Criminal Procedure Code]
Exceptions and interpretation - Sections 234, 235, 236, and 239 are to be read harmoniously; they provide exceptions to the general rule of separate trials. [Section 283, Criminal Procedure Code]
Trial of offences of different kinds - The section permits joint trial for offences of different kinds if they are part of the same transaction, facilitating comprehensive adjudication. [Section 235, Criminal Procedure Code]
Legal consistency - Courts are required to interpret these provisions in consonance with the principles of natural justice, avoiding miscarriage of justice due to procedural irregularities. [Madan Lal v. State of Punjab, AIR 1952 SC 177]
Impact of non-compliance - Improper joinder beyond the limits can be grounds for quashing charges or ordering separate trials, safeguarding the accused’s rights. [Section 234, Criminal Procedure Code]
Relation with land offences - In land law cases involving multiple charges like fraud, breach of trust, or illegal possession, Section 234 guides proper trial management, preventing multiplicity of proceedings. [Section 234, Criminal Procedure Code]
Trial of offences of the same kind - The restriction to three offences of the same kind within a year balances trial efficiency with fairness, avoiding unnecessary piling up of charges. [Section 234, Criminal Procedure Code]
Legal interpretation - The section must be read with Sections 233, 235, and 236; the combined interpretation aims to prevent misuse and ensure procedural justice. [Section 283, Criminal Procedure Code]
Protection of accused - Ensures that accused are not prejudiced by excessive joinder, aligning with constitutional protections under Article 21 and principles of natural justice. [R. v. R. (1991) 4 All ER 481]
Trial efficiency - Proper application of Section 234 enhances judicial efficiency by avoiding multiple trials for unrelated offences. [Section 234, Criminal Procedure Code]
Legal certainty - Strict adherence to the limits prevents arbitrary or capricious trials, maintaining legal certainty and fairness. [Section 234, Criminal Procedure Code]
Judicial discretion - Courts have the discretion to order separate trials if joinder exceeds the limits, emphasizing judicial oversight. [Section 235, Criminal Procedure Code]
Summary
Section 234 of the National Land Code (Revised-2020) provides a structured framework to regulate the joinder and trial of multiple offences, balancing efficiency with fairness. It restricts the number of offences of the same kind that can be tried together and emphasizes that offences must be part of the same transaction to be consolidated. Violations of these provisions can render trials illegal, leading to quashing of charges or separate proceedings, thereby safeguarding the rights of the accused and ensuring procedural integrity.
Section 234, Criminal Procedure Code
Section 235, Criminal Procedure Code
Judicial pronouncements: Madan Lal v. State of Punjab, AIR 1952 SC 177; Girnar Traders (3) v. State of Maharashtra, (2011) 3 SCC 1; Zilla Singh v. Hazari, AIR 1979 SC 1966
Principles of natural justice and constitutional protections under Articles 14, 21 of the Constitution of India
235 Chapter 3 Forfeiture-235. Notice before forfeiture.
Notwithstanding anything to the contrary contained therein, no person or body shall be entitled to enforce, by action or otherwise, the forfeiture of any lease, sublease or tenancy 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.
236 Chapter 3 Forfeiture-236. Effect of forfeiture.
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.
237 Chapter 3 Forfeiture-237. Relief against forfeiture.
(1) Any lessee, sublessee or tenant against whom any person or body is proceeding to enforce a forfeiture may apply to the 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
(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.
238 Chapter 3 Forfeiture-238. Relief to persons and bodies having dependent interests.
(1) At any time when any person or body is proceeding to enforce the forfeiture of any lease, sublease or tenancy, or at any time after such a forfeiture has been effected, any person or body entitled or, as the case may be, entitled before the forfeiture took effect to any interest dependent thereon (that is to say, to any of the interests specified in paragraphs 236 (a) to (c) ) may apply to the Court for an order under this section.
(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.
239 Chapter 4 Determination of leases and tenancies-239. Surrender.
(1) 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.
(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 tha
240 Chapter 4 Determination of leases and tenancies-240. Determination otherwise than by surrender.
(1) Where any lease or sublease (whether granted before or after the commencement of this Act) has been determined otherwise than by its surrender under section 239, the registration may be cancelled by the Registrar under section 313.
(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.
241 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-241. Powers of charging.
(1) 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;
(b) any restriction in interest to which the land in question is for the time being subject;
242 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-242. Form of charges.
(1) Every charge to secure the repayment of a debt, or the payment of any sum other than a debt, (in either case, whether the amount in question is to be paid as a lump sum or by instalments) 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.
(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) th
243 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-243. Effect of charges.
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.
244 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-244. Custody of issue document of title or duplicate lease.
(1) A first chargee of any land or lease shall, as between himself and the proprietor or lessee for the time being, and subject to any agreement to the contrary, be entitled to the custody of the issue document of title to the land or, as the case may be, duplicate lease so long as any liability subsists under the charge.
(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
245 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-245. Restriction on consolidation.
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.
246 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-246. Tacking of further advances.
(1) Notwithstanding any other provision of this Act, any chargee may, in the circumstances specified in paragraph (2) (a) 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 s
247 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-247. Postponement of charges.
(1) 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.
248 Part Sixteen - Charges and Liens Chapter 1 Creation of charges, and general provisions relating thereto-248. Application of this Part to existing charges.
(1) Sections 244 to 247 and Chapters 3 to 5 shall apply both to charges created under this Act and to those created under the provisions of any previous land law.
(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.
249 Chapter 2 Implied provisions-249. Agreements by chargor implied in all charges.
(1) 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.
(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 agr
250 Chapter 2 Implied provisions-250. Agreements by chargor implied in absence of contrary intention.
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
(ii) to enter, and inspect the state
251 Chapter 2 Implied provisions-251. Implied agreement by chargee as to consent to leases, etc.
In every charge created under this Act, there shall, in the absence of any express provision therein to the contrary, be implied on the part of the chargee an agreement that he will not without reasonable cause withhold his consent to the granting by the chargor of any lease or tenancy.
252 Chapter 2 Implied provisions-252. Construction of implied agreements to keep "in repair".
Section 233 as to the construction of agreements to keep buildings, or parts of buildings, "in repair" shall apply, mutatis mutandis , to agreements implied in charges (whether by this Act or any previous land law) as they apply to agreements implied in leases and subleases.
253 Chapter 3 Remedies of chargees: sale Introductory-253. Purpose and scope of this Chapter.
(1) The provisions of this Chapter shall have effect for the purpose of enabling any chargee to obtain the sale of the land or lease to which his charge relates in the event of a breach by the chargor of any of the agreements on his part expressed or implied therein.
(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 ], a
254 Notice Before Sale-254. Service of default notice, and effect thereof.
(1) Where, in the case of any charge, any such breach of agreement as is mentioned in subsection 253(1) has been continued for a period of at least one month or such alternative period as may be specified in the charge which shall not be less than one month, the chargee may serve on the chargor a notice in Form 16D:
(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 agains
255 Notice Before Sale-255. Special provision with respect to sums payable on demand.
(1) Where the principal sum secured by any charge is payable by the chargor on demand, the chargee may make the demand by a notice in Form 16E, and in that event, if the sum in question is not paid to him within one month of the date on which the notice is served, may apply forthwith for an order for sale without being required to serve a notice in Form 16D under subsection 254(1).
(2) Subsection 254(2) shall apply to notices in Form 16E as they apply to notices in Form 16D.
256 Procedure - Registry Title, Qualified Title Corresponding Thereto, and Subsidiary Title-256. Application to Court for order for sale.
(1) 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.
257 Procedure - Registry Title, Qualified Title Corresponding Thereto, and Subsidiary Title-257. Matters to be dealt with by order for sale.
(1) 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
258 Procedure - Registry Title, Qualified Title Corresponding Thereto, and Subsidiary Title-258. Procedure prior to sale.
(1) 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;
(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 lan
259 Procedure - Registry Title, Qualified Title Corresponding Thereto, and Subsidiary Title-259. Procedure at sale.
(1) Every sale pursuant to an order under section 256 shall take place under the direction of an officer of the Court, but this subsection shall not prevent the Court from taking the assistance thereat of any licensed auctioneer.
(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.
(3) The pur
260 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-260. Application to Land Administrator for order for sale.
(1) 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.
NOTES
Provisions of the National Land Code
Modification
Heading before section 260
In its application to the Federal Terri
261 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-261. Land Administrator to hold enquiry.
(1) 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.
NOTES
Provisions of the National Land Code
262 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-262. Provisions as to enquiry.
(1) No persons or bodies other than the chargor or chargee or in his or their absence a person or body appointed by the chargor or chargee under subsection 253(4), shall be entitled to be heard, or to adduce evidence, at any enquiry under section 261 (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 proc
263 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-263. Order for sale, and matters to be dealt with thereby.
(1) At the conclusion of any enquiry under section 261, the Land Administrator shall order the sale of the land or lease to which the charge in question relates unless he is satisfied of the existence of cause to the contrary.
(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
264 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-264. Procedure prior to sale.
(1) 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 pa
264A Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-264A. Postponement or cancellation of an order for sale by Land Administrator.
(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 witho
265 Procedure - Land Office Title, Qualified Title Corresponding Thereto, and Subsidiary Title-265. Procedure at sale.
(1) 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.
(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
266 General Provisions-266. Right of chargor to tender payment at any time before sale.
(1) Any chargor against whom an order for sale has been made under this Chapter may, at any time before the conclusion of the sale, tender the amounts specified in subsection (2) to the 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.
(3) Where any order for sale ceases to have effect by virt
266A General Provisions-266A. Statement of payment due.
(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.
NOTES
Provisions of the National Land Code
267 General Provisions-267. Effects of sale.
(1) Any certificate of sale given to a purchaser under subsection 259(3) or 265(4) in respect of any charged land or lease shall be treated for all the purposes of this Act as an instrument of dealing, and shall be registrable accordingly under 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
(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 regi
267A General Provisions-267A. Application of deposit upon failure to settle purchase price, etc.
Where the purchaser fails to settle the balance of the purchase price within the period specified in the order for sale under section 257 or 263, the deposit shall be forfeited and shall be applied by the chargee as follows:
(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) .
NOTES
Provisions of the National Land Code
Modification
268 General Provisions-268. Application of purchase money.
(1) 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 fallin
268A General Provisions-268A. Application of purchase money by chargee who is a financial institution.
(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 speci
269 General Provisions-269. Protection of purchasers.
(1) 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.
(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
270 Chapter 4 Remedies of chargees: Possession-270. Limitation of powers to certain lands, and to first chargees only.
(1) 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 desir
271 Right to Possession-271. Power of chargee to take possession on any default by chargor.
(1) Subject to section 270, any chargee may, at any time when the chargor is in breach of any agreement on his part expressed or implied in the charge, enter into possession of the whole or any part of the charged land or, as the case may be, the land comprised in the charged lease:
(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.
272 Right to Possession-272. Procedure for taking possession.
(1) 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).
(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 occu
273 Right to Possession-273. Duration of right to possession.
(1) A chargee who has entered into possession of any land pursuant to section 271 may, without prejudice to his right to relinquish possession at any earlier time, remain in possession so long as the land continues subject to any liability under the charge.
(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.
274 Effects of Taking Possession-274. Position of chargee in possession.
(1) A chargee in possession of any land by occupation shall be entitled to manage the land and take all the profits thereof, but shall be liable to the chargor for any act whereby the capital value of the land is impaired or the chargor is otherwise put to any loss.
(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.
275 Effects of Taking Possession-275. Power of chargee in possession to grant leases and accept surrenders.
(1) In the absence of any provision in the charge to the contrary, a chargee in possession of any land may, in the name of the chargor and on his behalf:
(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 follo
276 Effects of Taking Possession-276. Provisions as to notices by chargees to receive rents.
(1) Any notice in Form 16J lawfully served by any chargee pursuant to subsection 272(2) or 275(7) shall continue in force, and be binding on the lessee or tenant on whom it is served and any subsequent transferee of the lease or tenancy in question, until it is:
(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 no
277 Application of Rents and Profits-277. Application of rents and profits by chargees in possession.
(1) The sums received by a chargee of land in possession of the whole or any part thereof under this Chapter shall, subject to any express provision with respect thereto in the instrument of charge, be applied by him as follows:
(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) f
278 Chapter 5 Discharge-278. Discharge otherwise than by payment.
(1) Any chargee may, by an instrument in Form 16N discharge the land or lease to which his charge relates (or, if it relates to more lands or leases than one, all or any of them) 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.
279 Chapter 5 Discharge-279. Discharge by payment to Registrar in cases of death, absence or disability.
(1) Any chargor may apply to the Registrar for relief under this section on the grounds that he is entitled to pay off the charge but:
(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.
(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,
280 Chapter 5 Discharge-280. Memorialization on discharge by payment.
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.
281 Chapter 6 Liens-281. Creation, and effect, of liens.
(1) Any proprietor or lessee for the time being may deposit with any other person or body, as security, his issue document of title or, as the case may be, duplicate lease; and that person or body:
(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
282 Part Seventeen - Easements Chapter 1 Creation-282. Meaning of "easement".
(1) In this Act "easement" means any right granted by one proprietor to another, in his capacity as such and for the beneficial enjoyment of his land, in accordance with the following provisions of this Chapter.
(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.
283 Part Seventeen - Easements Chapter 1 Creation-283. Rights able to be granted as easements.
(1) 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:
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.
284 Part Seventeen - Easements Chapter 1 Creation-284. Necessity for express grant.
(1) No right in the nature of an easement shall be capable of being acquired by prescription (that is to say, by any presumption of a grant from long and uninterrupted user).
(2) Except as mentioned in subsection 286(3), no such right shall be capable of being acquired by implied grant.
285 Part Seventeen - Easements Chapter 1 Creation-285. Restrictions on power to grant.
(1) The power of a proprietor to grant easements under this Chapter shall be exercisable in any particular case subject to any prohibition or limitation imposed by this Act or any other written law for the time being in force, and to any restriction in interest to which his land is for the time being subject.
(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.
286 Part Seventeen - Easements Chapter 1 Creation-286. Form, and effect, of grants.
(1) The grant of any easement under this Chapter shall be effected by an instrument in Form 17A or, in the case of the grant by adjacent proprietors of cross easements of support in respect of any party wall, by an instrument in Form 17B; and the easement shall come into existence on the date on which the instrument is registered.
(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 su
287 Part Seventeen - Easements Chapter 1 Creation-287. Enjoyment of easements by lessees, tenants and chargees in possession.
(1) The benefit of any easement granted under this Chapter shall be enjoyed not only by the proprietor of the dominant land and his successors in title, but also by:
(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.
(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.
288 Part Seventeen - Easements Chapter 1 Creation-288. Special provisions as to easements of way.
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.
289 Chapter 2 Release, extinguishment and cancellation-289. Release of easement by dominant proprietor.
(1) Subject to subsection (3), any easement granted under this Chapter may be released at any time by the proprietor of the dominant land.
(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.
290 Chapter 2 Release, extinguishment and cancellation-290. Extinguishment of easements by unity of title and possession.
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.
291 Chapter 2 Release, extinguishment and cancellation-291. Cancellation of easements by Registrar.
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.
292 Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-292. Instruments capable of being registered, and method of presentation therefor.
(1) 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
292A Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-292A. Lodgement of instrument in electronic form.
(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.
293 Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-293. Fees to accompany instruments so presented.
(1) 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)
294 Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-294. Documents to accompany instruments so presented.
(1) 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
295 Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-295. Entry of instruments in Presentation Book.
(1) The Registrar shall maintain a book, to be called the "Presentation Book", in which, subject to section 293, there shall be entered a short description of every instrument presented for registration under this Part, together with the name and address of the person or body by whom it was presented and the time of presentation, as noted thereon pursuant to subsection 292(3).
(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.
296 Part Eighteen - Registration of Dealings Chapter 1 Presentation of instruments for registration-296. Withdrawal of instruments.
(1) 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.
297 Chapter 2 Procedure generally-297. Registrar to determine fitness for registration, and register if fit and accompanied by necessary documents.
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 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 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.
298 Chapter 2 Procedure generally-298. Rejection or suspension for unfitness, or absence of certain documents.
(1) 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
299 Chapter 2 Procedure generally-299. Procedure in absence of other documents.
(1) Where any instrument is fit for registration, but is not accompanied by any document required to be submitted therewith by subsection 294(2), the Registrar shall make such enquiries with respect to the missing document, and take such action for securing its production, as he may consider appropriate in the circumstances of the case, and thereafter:
(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.
300 Chapter 2 Procedure generally-300. Instruments to be dealt with in order of presentation.
(1) 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.
301 Chapter 3 - Determination of fitness for registration-301. When an instrument is fit for registration.
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
301A Chapter 3 - Determination of fitness for registration-301A. Rents to be paid before presentation.
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.
302 Chapter 3 - Determination of fitness for registration-302. Enquiries, etc., by Registrar.
(1) Subject to subsection (2), the Registrar may make such enquiries, and require the production of such evidence, oral or documentary, as he may consider necessary or desirable for the purpose of determining the fitness of any instrument for registration under this Part.
(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).
303 Chapter 3 - Determination of fitness for registration-303. Limitations on Registrar's powers.
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
(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 qu
304 Chapter 4 - Manner of registration-304. How instruments to be registered, and time from which registration effective.
(1) The registration of any instrument under this Part shall be effected by the Registrar in accordance with the following provisions of this section, and the time and date thereof shall be taken for all the purposes of this Act as the time and date of its presentation under Chapter 1.
(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
305 Chapter 4 - Manner of registration-305. Other action by Registrar in connection with registration.
(1) Subject to subsection (3), the Registrar shall, on completing the registration of any instrument in accordance with section 304:
(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
(e) return to the person or body from whom it was obtained every issue
306 Chapter 4 - Manner of registration-306. Documents on which copy memorials to be made pursuant to section 305.
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;
(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;
(
307 Chapter 4 - Manner of registration-307. Additional endorsements to be made pursuant to section 305.
(1) The additional endorsements and other entries referred to in paragraph 305(1)(d) are those specified in the following provisions of this section.
(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, th
308 Chapter 4 - Manner of registration-308. Additional procedure where sale by chargee extinguishes subsequent charges.
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.
309 Chapter 5 - Powers of Attorney-309. Documents to accompany instruments executed under power of attorney.
(1) Where any instrument presented for registration under this Part has been executed on behalf of any person or body under a power of attorney, it shall be accompanied by:
(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.
(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
310 Chapter 5 - Powers of Attorney-310. Procedure in respect of instruments so executed.
(1) Where, pursuant to paragraph 309(1)(b), any instrument to which that section applies is accompanied by a copy of a power of attorney for the Registrar's retention, 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) 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
311 Chapter 5 - Powers of Attorney-311. Enquiries, etc., by Registrar.
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.
312 Chapter 6 - Cancellation of registration-312. Summary of Registrar's powers of cancellation.
(1) The powers of cancellation conferred on the Registrar by this Chapter shall be in addition to those conferred on him by paragraph 305(1)(c) with respect to dealings which have ceased to be effective by reason of the registration of some subsequent instrument.
(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).
313 Chapter 6 - Cancellation of registration-313. Cancellation of leases and subleases on determination otherwise than by surrender.
(1) The Registrar may cancel in accordance with the following provisions of this section the memorial of registration of any lease or sublease which has been determined by:
(a) the expiry of the term thereof;
(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) sh
314 Chapter 6 - Cancellation of registration-314. Cancellation of charges discharged by payment.
(1) 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.
315 Chapter 6 - Cancellation of registration-315. Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.
(1) The Registrar may, in accordance with the following provisions of this section, cancel the memorials of registration of any easement on any of the following grounds:
(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.
(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 th
316 Chapter 7 - Endorsement of exempt tenancies-316. Applications for endorsement.
(1) Any person or body claiming to be entitled to the benefit of a tenancy exempt from registration may, for the purpose of protecting his rights thereunder against subsequent dealings, as mentioned in section 213, apply to the Registrar under this section for the endorsement of his claim on the register document of title to the land thereby affected.
(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
317 Chapter 7 - Endorsement of exempt tenancies-317. Procedure on application.
(1) 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:
318 Chapter 7 - Endorsement of exempt tenancies-318. Cancellation of endorsement.
(1) 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.
319 Part Nineteen-Restraints on Dealing Chapter 1 - Caveats REGISTRAR'S CAVEATS-319. Nature and effect of Registrar's caveats.
(1) 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 m
320 Part Nineteen-Restraints on Dealing Chapter 1 - Caveats REGISTRAR'S CAVEATS-320. Circumstances in which Registrar's caveats may be entered.
(1) Subject to subsection (2), a Registrar's caveat may be entered in respect of any land wherever such appears to the 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.
321 Part Nineteen-Restraints on Dealing Chapter 1 - Caveats REGISTRAR'S CAVEATS-321. Procedure with respect to Registrar's caveats and duration thereof.
(1) A Registrar's caveat shall be in Form 19f and the entry of a Registrar's caveat on any document of title shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words "Registrar's Caveat Entered", together with a statement of the time of entry.
(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).
322 Private Caveats-322. Nature and effect of private caveats.
(1) 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
323 Private Caveats-323. Applications for entry of private caveats.
(1) 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 p
324 Private Caveats-324. Procedure on applications.
(1) 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
325 Private Caveats-325. Withdrawal of private caveats.
(1) A private caveat may be withdrawn at any time by a notice in Form 19g, duly attested in accordance with section 211 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.
326 Private Caveats-326. Removal of private caveats by Registrar.
(1) Any person or body whose land or interest is bound by a private caveat may at any time apply in Form 19h to the Registrar for its removal, and such application shall be accompanied by the prescribed fee.
(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.
(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 acknow
327 Private Caveats-327. Removal of private caveats by the Court.
(1) Any person or body aggrieved by the existence of a private caveat may at any time apply to the Court for an order for its removal, and the Court (acting, if the circumstances so require, ex parte) may make such order on the application as it may think just.
(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.
328 Private Caveats-328. Lapse of private caveats.
(1) A private caveat shall, if not sooner withdrawn under section 325 or lapsing pursuant to subsection 326(1b) or removed by the Registrar pursuant to an order of the Court under section 327, lapse at the expiry of six years from the time from which it took effect, and the entry thereof may be cancelled accordingly by the Registrar, either of his own motion or on an application in that behalf by any interested person or body.
(2) Every cancellation under subsection (1) shall be signed and sealed.
NOTES
Provisions of the National Land Code
Modification
Subsection 328(1)
(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;
(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 whic
333 Trust Caveats-333. Creation of trust caveats and duration thereof.
(1) 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.
NOTES
Provisions of the National Land Code
Modification
334 Chapter 2 - Prohibitory orders-334. Meaning of "prohibitory order".
In this Chapter, "prohibitory order" means, where land or an interest in land held by a judgment debtor is to be sold in execution proceedings, an order made pursuant to rules of court by a court of competent jurisdiction prohibiting the judgment debtor from effecting any dealing therewith or from effecting such dealing therewith as may be specified in the order.
335 Chapter 2 - Prohibitory orders-335. Prohibitory orders ineffective until entered by Registrar.
(1) No prohibitory order shall take effect until it has been entered by the Registrar, in accordance with this section, on the register document of title to the land to which, or an interest in which, it relates:
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.
336 Chapter 2 - Prohibitory orders-336. Effect of prohibitory orders.
(1) The effect of any prohibitory order duly entered on any register document of title and expressed to relate to the land itself 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 thereon of:
(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 de
337 Chapter 2 - Prohibitory orders-337. Sale of land or interest subject to prohibitory order.
(1) No sale of any land or interest for the purpose of satisfying any judgment debt shall become absolute until it has been confirmed by an order made pursuant to rules of court; 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.
338 Chapter 2 - Prohibitory orders-338. Lapse of prohibitory order by expiry of time.
(1) Every prohibitory order shall, unless its duration is extended by an order made pursuant to rules of court, lapse at the expiry of six months from the date on which it was made or at the end of such other period as may be specified by rules of court.
(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.
339 Chapter 2 - Prohibitory orders-339. Other methods of determination.
(1) Where a prohibitory order is withdrawn at any time by order of a court, the Registrar shall, on receiving a copy of the order of withdrawal, cancel the entry on the register document of title, and note thereon the reason for the cancellation and the date thereof.
(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 effe
340 DIVISION V ALIENATED LANDS: SUPPLEMENTAL Part Twenty - Indefeasibility of Title and Interest-340. Registration to confer indefeasible title or interest, except in certain circumstances.
(1) The title or interest of any person or body for the time being registered as proprietor of any land, or in whose name any lease, charge or easement is for the time being registered, shall, subject to the following provisions of this section, be indefeasible.
(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
341 DIVISION V ALIENATED LANDS: SUPPLEMENTAL Part Twenty - Indefeasibility of Title and Interest-341. Adverse possession not to extinguish titles or interests.
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.
NOTES
Provisions of the National Land Code
Modification
Section 341
In its application to the Federal Territory of Labuan, substitute for the words
342 Part Twenty-One-Co-proprietorship and Trusts Chapter 1 - Co-proprietorship-342. Meaning of co-proprietorship, and when it arises.
(1) In this Act, "co-proprietorship" means the holding of alienated land by two or more persons or bodies in undivided shares.
(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.
343 Part Twenty-One-Co-proprietorship and Trusts Chapter 1 - Co-proprietorship-343. Incidents of co-proprietorship.
(1) 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.
(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 issue
344 Chapter 2 - Trusts-344. Registration as trustee or trustees, and deposit of trust instrument.
(1) 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 (
345 Chapter 2 - Trusts-345. Survivorship.
(1) Where, pursuant to section 344 or the corresponding provisions of any previous land law, any land, share or interest is registered in the names of two or more persons or bodies "as trustees", it shall be held by them jointly; and accordingly, on the death of any of them or, in the case of a body, its dissolution, the said land, share or interest shall vest exclusively in the other or others.
(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.
346 Part Twenty-Two-Transmission on Death and Bankruptcy Death-346. Registration of personal representatives.
(1) The personal representative or representatives of any deceased person may apply to the Registrar under this section to be registered as such in respect of any land, or share or interest in land, forming part of that person's estate; and the Registrar, if satisfied that any estate duty due in respect of the estate has been paid, or a postponement of payment allowed in respect of the land, share or interest in question, shall give effect to the application in accordance with subsections (3) and (4).
(2) Any such application shall be accompanied by:
(a) the grant of probate or letters of administration;
(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 appl
347 Part Twenty-Two-Transmission on Death and Bankruptcy Death-347. Effects of registration.
(1) The title or interest of any personal representative or representatives registered as such pursuant to section 346 shall, without prejudice to the validity of anything done by any predecessor of his or theirs, relate back to the death of the deceased.
(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".
348 Part Twenty-Two-Transmission on Death and Bankruptcy Death-348. Small estates distribution orders.
(1) 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
349 Bankruptcy-349. Registration of Director General of Insolvency.
(1) Where the Director General of Insolvency claims any land, or share or interest in land, under any written law for the time being in force relating to bankruptcy, he may apply to the 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.
(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
350 Bankruptcy-350. Effect of disclaimer, discharge, etc.
No disclaimer by the Director General of Insolvency, and no order for the discharge of any bankrupt or the annulment of any adjudication of bankruptcy, shall operate to divest the 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.
351 Part Twenty-Three-Reversion in Absence of Proprietor-351. Reversion to or vesting in State Authority on proprietor's death without successors.
(1) 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; and353 Laws of Malaysia Act 828
(b) shall cease to have effect, and be cancelled accordingly, on:
(i) a finding by the Land Administrator that th
352 Part Twenty-Three-Reversion in Absence of Proprietor-352. Reversion to State Authority on abandonment of title by proprietor.
(1) Where any Land Administrator is satisfied that the proprietor of any land held under Land Office title:
(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
(ii) a finding by the Land Administrator that the proprietor has died (but without prejudice to its replacement in such a ca
353 Part Twenty-Four-Resurvey of Land Having Natural Boundaries-353. Resurvey of land alienated before commencement by reference to natural feature boundaries.
(1) Where any land alienated before the commencement of this Act is expressed in the document of title thereto to extend to a boundary or boundaries consisting of any natural feature, the Director of Survey and Mapping shall, at the request of the 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;
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354 Part Twenty-Four-Resurvey of Land Having Natural Boundaries-354. Procedure (including appeal) after resurvey, and provision as to costs.
(1) Where any boundary has been determined in pursuance of subsection 353(1), the State Director shall cause notice of the fact, together with a plan showing the effect of the determination, to be served on the proprietor of the land, and on any person having a registered interest therein; and any such person may, within the period of six months beginning with the date of the notice, appeal to the State Director against the determination on the ground that it is incorrect or inequitable.
(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) A
355-374 Part Twenty-Five-Subdivided Buildings-355-374. (Repealed by Act 318).
375 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-375. Safe keeping of registers, etc.
(1) 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.
(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 th
376 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-376. Supply of forms, and issue of guidance notes, etc.
(1) The Registrar may cause to be printed supplies of any of the forms set out in the First Schedule, and may make the same available for sale to the public at a reasonable price.
(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.
377 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-377. Marking of instruments, and power to require thumbprints, etc.
(1) The Registrar may require the particulars of the person or body by whom the instrument or document was presented or delivered to be recorded and mark any instrument or document presented or delivered to him under this Act with any distinguishing number or symbol he may consider desirable.
(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.
378 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-378. Changes of name by proprietors, etc.
(1) Subject to subsection (2), the Registrar may, upon the production to him of evidence (whether in the form of a deed poll, official certificate, statutory declaration or otherwise) from which he is satisfied of a change of name on the part of any person or body in whom any alienated land or interest is for the time being vested, or at whose instance a caveat has been entered in respect of any land or interest, make a memorial of the change in the relevant register document of title and in any issue document of title or other instrument relating to the said land or interest.
(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.
379 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-379. Changes of address by proprietors, etc.
(1) Any person or body in whom any alienated land or interest is for the time being vested, or at whose instance a caveat has been entered in respect of any land or interest, shall within the prescribed time notify the Registrar in Form 26a of a change of his address, and the Registrar shall make an appropriate record thereof.
(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.
380 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-380. Correction of errors in documents of title, etc.
(1) 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 quali
381 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-381. Cancellation of obsolete entries, and bringing of documents of title up to date.
(1) Where the Registrar is satisfied:
(a) that any condition or restriction in interest contained in any document of title has become obsolete; or
(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
381A DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-381A. Power of Registrar or Land Administrator to standardize express conditions and restrictions in interest.
(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.
(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.
NOTES
382 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-382. Supplementary provisions as to amendments, corrections and cancellations.
(1) On making any correction, deletion or cancellation pursuant to section 380 or 381, the Registrar shall endorse on the instrument in question a note under his hand and seal of the reason therefor and the date on which it was effected.
(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.
382A DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-382A. Actions in relation to documents of title where alienated land becomes State land under section 49.
(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;
(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 ca
383 DIVISION VI GENERAL AND MISCELLANEOUS Part Twenty-Six-General Powers and Duties of the Registrar-383. Certified copies of documents of title, etc.
(1) The Registrar shall, upon payment of the prescribed fee, furnish to any person or body applying therefor a certified copy of any register document of title or registered instrument of dealing or other document which is in his custody.
(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.
384 Part Twenty-Seven-Searches-384. Private searches.
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.
NOTES
Provisions of the National Land Code
Modification
Section 384
388 Part Twenty-Eight-Land Administrator's Rights of Way-388. Land Administrator's rights of way.
(1) 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.
389 Part Twenty-Eight-Land Administrator's Rights of Way-389. Characteristics of Land Administrator's rights of way.
(1) 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).
(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
390 Part Twenty-Eight-Land Administrator's Rights of Way-390. Creation of right.
(1) The State Authority or the proprietor or occupier of any alienated land may apply to the Land Administrator in Form 28a for the creation of a private right of way.
(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.
(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
391 Part Twenty-Eight-Land Administrator's Rights of Way-391. Procedure on creation of right.
(1) As soon as may be after making an order for the creation of a Land Administrator's right of way, the Land Administrator shall:
(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
(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 lan
392 Part Twenty-Eight-Land Administrator's Rights of Way-392. Cost of survey, construction, maintenance and repair.
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.
393 Part Twenty-Eight-Land Administrator's Rights of Way-393. Compensation.
(1) Subject to this section, compensation shall be payable to any person for the use of his land as a Land Administrator's right of way and for any damage suffered in respect of trees, crops or buildings to which he is entitled, as a result of the creation of the said right of way.
(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.
NOTES
Provisions of the National Land Code
Modification
394 Part Twenty-Eight-Land Administrator's Rights of Way-394. Sharing of right by adjacent proprietors.
(1) The proprietor or occupier of any alienated land, which abuts on or is in the proximity of land for the benefit of which a private right of way has been created, may apply to the Land Administrator in 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.
(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
395 Part Twenty-Eight-Land Administrator's Rights of Way-395. Extinction of right.
(1) 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.
NOTES
Provisions of the National Land Code
396 Part Twenty - NINE-Survey-396. Manner in which survey is to be carried out.
(1) 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 Directorof 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
396A Part Twenty - NINE-Survey-396A. Amendment of Survey Plan.
(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.
NOTE
* In respect of underground land, insert before the word "plan" wherever appearing therein the word "stratum"-see P.U. (A) 204/1997.
(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 neces
397 Part Twenty - NINE-Survey-397. Control and supervision of officers.
(1) The Director of Survey and Mapping shall exercise general control and supervision over all other Survey Officers.
(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.
NOTES
Provisions of the National Land Code
Modification
Subsection 397(2)
In its application to the Federal Territory of Kuala Lumpur, substitute the following-
"(2) T
398 Part Twenty - NINE-Survey-398. Powers of Director of Survey and Mapping.
(1) The Director of Survey and Mapping may carry out a survey of any land in the State for the purposes of this Act and, in connection with the survey, may:
(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;
(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 conferr
398A Part Twenty - NINE-Survey-398A. Duty to complete survey.
(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.
(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.
399 Part Twenty - NINE-Survey-399. Duties of Director of Survey and Mapping.
(1) 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 Di
400 Part Twenty - NINE-Survey-400. Notice to secure attendance for purpose of pointing out boundaries, etc.
(1) A Survey Officer may cause a notice in Form 29a to be served on any person owning, occupying, applying for or otherwise interested in, or employed on or in connection with, any land which the officer is required to survey (or any land abutting thereon) calling upon that person to attend before him, at a time and place to be stated in the notice, for the purpose of:
(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 i
400A Part Twenty - NINE-Survey-400A. Unauthorized survey.
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.
401 Part Twenty - NINE-Survey-401. Notice to clear boundaries.
(1) A Survey Officer may cause a notice in Form 29c to be served on any person who is the proprietor or occupier of or an applicant for any land which the officer is required to survey calling upon that person:
(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.
402 Part Twenty - NINE-Survey-402. Recovery of cost of boundary marks.
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.
403 Part Twenty - NINE-Survey-403. Penalty for interference with boundary marks and survey reference marks.
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.
404 Part Twenty - NINE-Survey-404. Removal and alteration of boundary marks.
(1) Where a person requires the temporary or permanent removal or alteration of a boundary mark, he may make written application in that behalf to the Land Administrator, stating the reasons for his application.
(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:
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
404A Part Twenty - NINE-Survey-404A. Removal and alteration of survey reference marks.
(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.
405 Part Twenty - NINE-Survey-405. Replacement of boundary marks which are damaged, etc.
(1) 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;
(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.
NOTES
Provisions of the National Land Code
Modification
Section 407
In its application to
408 Part Twenty - NINE-Survey-408. Director of Survey and Mapping's certificate as to cost of work.
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.
409 Part Twenty - NINE-Survey-409. Powers of Land Administrator and Settlement Officer.
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).
409A Part Twenty - NINE-Survey-409A. Survey by licensed land surveyor.
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.
NOTE
* 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.
410 Part Twenty - NINE-Survey-410. Nature of deposited plan.
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.
411 Part Twenty - NINE-Survey-411. Description of land by reference to deposited plan.
(1) 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;
(b) the central registry of titles to land in the State; and
(c) such officers and authorities as may be specified in the direction.
412 Part Twenty - NINE-Survey-412. Copies of deposited plans.
(1) 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.
413 Part Twenty - NINE-Survey-413. Inspection of plans and inspection and provision of copies.
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;
(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.
414 Part Thirty - Registration of Statutory Vesting-414. Interpretation.
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 writ
415 Part Thirty - Registration of Statutory Vesting-415. Application for registration of a statutory vesting of a registered or registrable interest in land.
(1) A transferee, or a person lawfully entitled to do so on his behalf, may apply to the Registrar:
(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.
(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 th
416 Part Thirty - Registration of Statutory Vesting-416. Substitution of transferee for transferor in documents of entitlement.
(1) Any lease of reserved land or underground land below reserved land, any temporary occupation licence, any permit for the extraction, removal and transportation of rock material, or any such combined licence and permit, or any permit to use air space above State land or reserved land, or any approval for use of underground land under Part Five (A), as the case may be, granted under this Act or under any previous land law and held by the transferor immediately before the statutory vesting took effect, shall, upon application made by the transferee in 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 ef
416A Part Thirty - Registration of Statutory Vesting-416A. Recording of reservation of land in favour of transferee.
(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.
(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 o
416B Part Thirty - Registration of Statutory Vesting-416B. Provisions in respect of lands falling under Clause (3) of Article 166 of the Federal Constitution.
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
(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.
NOTES
416C Part Thirty - Registration of Statutory Vesting-416C. Provisions as to rights in whole or part of alienated land vested in the transferee.
(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
416D Part Thirty - Registration of Statutory Vesting-416D. Transferee to succeed to applications by transferor, and to proceedings to which transferor is a party.
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
(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 m
416E Procedure where transferee unable to produce the issue document of title or document of entitlement Part Thirty - Registration of Statutory Vesting-416E Procedure where transferee unable to produce the issue document of title or document of entitlement.
(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 pr
417 Part Thirty-One-Jurisdiction of the Court-417. General Authority of the Court.
(1) The Court or a Judge may by order direct the Registrar or any Land Administrator to do all such things as may be necessary to give effect to any judgment or order given or made in any proceedings relating to land, and it shall be the duty of the Registrar or Land Administrator to comply with the order forthwith.
(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 shal
418 Part Thirty-One-Jurisdiction of the Court-418. Appeals to the Court.
(1) 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.
NOTES
Provisions of the National Land Code
Modification
Subsec
419 Part Thirty-One-Jurisdiction of the Court-419. Power of Registrar and Land Administrator to refer questions to the Court.
(1) 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.
420 Part Thirty-One-Jurisdiction of the Court-420. Registration of vesting orders.
(1) Notwithstanding anything in any other written law, no order of the Court vesting any alienated land, or any share or interest therein, in any person or body shall affect the land, share or interest in question until it has been registered pursuant to this section.
(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 la
421 Part Thirty-One-Jurisdiction of the Court-421. Taking of proceedings in name of proprietor, etc.
Any person or body in whom any alienated land, or any share or interest therein, is for the time being vested shall, on the application of any other person or body, and on receiving a proper indemnity therefor, be bound to allow the taking in his or its name of any legal proceedings which may be necessary or proper for the protection of any title or interest vested in or claimed by that other person or body.
421A Part Thirty-One-Jurisdiction of the Court-421A. Interpretation.
For the purposes of sections 417 and 420, "Court" includes a Syariah Court.
NOTES
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".
-see P.U. (A) 454/2009
421AA Part Thirty-One (A) - Power of Investigation-421AA. Power of investigation.
(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.
421AB Part Thirty-One (A) - Power of Investigation-421AB. Power to require attendance of witnesses.
(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.
(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.
421AC Part Thirty-One (A) - Power of Investigation-421AC. Examination of witnesses.
(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 an
422 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-422. Penalty for false statements, etc.
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
423 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-423. Penalty for fraudulent alteration, destruction, etc., of documents.
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.
424 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-424. Penalty for failure to produce documents.
(1) Any person or body who, without reasonable excuse, fails to produce or deliver any document as required by a notice lawfully served on him under paragraph 15(1)(e) or by paragraph 175b(1)(b) or by a notice under subsection 343(4) 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.
425 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-425. Unlawful occupation, etc., of State land, reserved land or mining land.
(1) 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
(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
425A Part Thirty - Two-Powers of Arrest and Seizure and Penalties-425A. Unlawful use of air space above State land or reserved land.
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.
426A Part Thirty - Two-Powers of Arrest and Seizure and Penalties-426A. Power of arrest, seizure, etc.
(1) 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;
(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.<
426B Part Thirty - Two-Powers of Arrest and Seizure and Penalties-426B. Custody and delivery of things seized.
(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
426C Part Thirty - Two-Powers of Arrest and Seizure and Penalties-426C. Forfeiture of things seized.
(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
426D Part Thirty - Two-Powers of Arrest and Seizure and Penalties-426D. No costs or damage arising from seizure to be recoverable.
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.
427 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-427. Unlawful grazing of animals.
(1) No person shall graze any animal on any State land or reserved land except pursuant to, and in accordance with the provisions of, a permit in that behalf issued by the Land 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.
428 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-428. Obstruction of Land Administrators' rights of way, roads and other public places.
(1) Where the Land Administrator is satisfied that there has been any wrongful obstruction of, or encroachment upon, any Land 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.
(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 cert
428A Part Thirty - Two-Powers of Arrest and Seizure and Penalties-428A. Wrongful receipt of information.
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.
428AA Part Thirty - Two-Powers of Arrest and Seizure and Penalties-428AA. Offences committed by body corporate: officers deemed to be guilty.
(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.
429 Part Thirty - Two-Powers of Arrest and Seizure and Penalties-429. Miscellaneous penalties.
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 byofficers 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.
429A Part Thirty - Two-Powers of Arrest and Seizure and Penalties-429A. Institution of prosecution.
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.
429B Part Thirty - Two-Powers of Arrest and Seizure and Penalties-429B. Compounding of offences.
(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.
(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):
430 Part Thirty - Three-service and Publication of Notices-430. Interpretation.
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.
431 Part Thirty - Three-service and Publication of Notices-431. Methods of service.
(1) Without prejudice to any other method of service, a notice may be served on a person or body for the purposes of this Act:
(a) by delivering the notice to the person; or
(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 b
431A Part Thirty - Three-service and Publication of Notices-431A. Service where proprietor is dead.
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.
432 Part Thirty - Three-service and Publication of Notices-432. Substituted service.
(1) The Registrar of the Land Administrator, where he is satisfied that a notice affecting land in the State cannot be served personally or by post (either because the person to be served is evading service or for some other reason), may cause the service to be effected:
(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.
NOTES
(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
(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 th
433B Part Thirty - Three-service and Publication of Notices-433B. Non-citizens and foreign companies may acquire, etc., land only with approval of State Authority.
(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;
433C Part Thirty - Three-service and Publication of Notices-433C. Disposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and void.
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.
433D Part Thirty - Three-service and Publication of Notices-433D. Saving.
(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.
433E Part Thirty - Three-service and Publication of Notices-433E. Other conveyances or disposal to non-citizen or foreign company subject to approval and payment of levy, etc.
(1) Subject to any written law, a person or body desiring to convey or dispose of, in a manner other than those specified in subsection 433b(1), any alienated land or any interest therein to a non-citizen or a foreign company may be allowed to do so, but only after the prior approval of the State Authority has been obtained upon an application in writing being made by such person or body:
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 und
433F Part Thirty - Three-service and Publication of Notices-433F. Execution by non-citizen or foreign company under power of attorney void.
(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.
(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.
<
433G Part Thirty - Three-service and Publication of Notices-433G. Levy to be paid within thirty days of service of notice of approval.
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.
433H Part Thirty - Three-service and Publication of Notices-433H. Non-application of this Part, etc.
(1) 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.
434 Part Thirty - Four-Miscellaneous-434. Determination, and payment, of compensation under this Act.
(1) Where, under any provision of this Act, any person or body is entitled in respect of any matter to compensation to be agreed or determined in accordance with this section, the amount thereof shall be such as may be agreed between him and the State Director or, in default of any such agreement, determined by arbitration.
(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 Govern
435 Part Thirty - Four-Miscellaneous-435. Rules relating to rice cultivation.
(1) The State Authority may make such rules as it may think fit with respect to the cultivation of rice on alienated lands required to be used for that purpose, including (but without prejudice to the generality of the foregoing) rules with respect to the time and method of cultivation, and the preparation, clearing, fencing, embanking and irrigation of such lands.
(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.
436 Part Thirty - Four-Miscellaneous-436. Supplementary provision as to forms and procedure.
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.
436A Part Thirty - Four-Miscellaneous-436A. Particulars of identity card, etc., and of citizenship.
(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 inserte
437 Part Thirty - Four-Miscellaneous-437. Form of Presentation Book.
The Presentation Book maintained by the Registrar in pursuance of subsection 295(1) shall be in Form 34A.
438 Part Thirty-Five-Repeals, Transitional Provisions, Etc.-438. Repeal and amendment of existing laws.
(1) The enactments specified in the Eleventh Schedule are repealed as from the commencement of this Act.
(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.
438A Part Thirty-Five-Repeals, Transitional Provisions, Etc.-438A. Modifications for Federal Territory.
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.
439 Part Thirty-Five-Repeals, Transitional Provisions, Etc.-439. Modifications for Penang and Malacca.
(1) With the concurrence of the State Authority, the Yang di-Pertuan Agong may by order under this section provide for the application of this Act in the States of Penang and Malacca subject to such modifications as he may consider necessary or desirable.
(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.
NOTES
Provisions of the National Land Code
Modification
Section 439
In its application to the Federal Territory of Labuan, delet
440 Part Thirty-Five-Repeals, Transitional Provisions, Etc.-440. Modifications for Kelantan.
In its application to the State of Kelantan, this Act shall be subject to the modifications set out in the Twelfth Schedule.
441 Part Thirty-Five-Repeals, Transitional Provisions, Etc.-441. Transitional provision with respect to rules, orders, etc.
Any rule, order, regulation, direction, notice or notification made, given or issued before the commencement of this Act under any previous land law shall, if it could have been made, given or issued under any corresponding provision of this Act, continue in force, and have the like effect, as if it had been so made, given or, as the case may be, issued.
442 Part Thirty-Five-Repeals, Transitional Provisions, Etc.-442. Transitional provision with respect to administrative areas.
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.
NOTES
Provisions of the National Land Code
Modification
Section 440
In its application to the Federal Territory of Labuan, delete these sections.
-see P.U. (A) 454/2009
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