SARAWAK LAND CODE
This Ordinance may be cited as the Land Code [Cap. 81 (1958 Ed.)] .
In this Code:
" agricultural purpose " includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, and the breeding and keeping of livestock and fish but does not include ornamental gardens or ornamental ponds;
[Ins. by Ord. No. 2/74]
" alienation " means the sale, lease or other disposal by a document of title of State land by or on behalf of the Government;
" boundary marks " means any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar or other survey mark;
" building " shall have the same meaning assigned to it in the Building Ordinance, 1994 [Cap 8] ;
[Ins. by Cap. A50]
" carbon storage " means any cavity, well, structure, facility or plant built, installed or maintained on any land, whether on or below the surface, for the purpos
S.3(1A) PART I SHORT TITLE, INTERPRETATION AND ADMINISTRATION-3(1A). Direction of the Minister.
The Director shall be responsible to the Minister, and the Minister may from time to time give to the Director any general or special direction, not inconsistent with the provisions of this Code, as to the exercise and performance of the Director's functions and powers under this Code, and any such direction shall become binding on the Director who shall forthwith take all steps necessary or expedient to give effect thereto.
[Ins. by Ord. No.8/84]
(2) Any person lawfully discharging on the 1st day of January, 1958, the duties of any of the offices mentioned in subsection (1) shall be deemed to have been lawfully appointed thereunder.
(3) Any appointment to be made under subsection (1) shall be notified in the Gazette.
(4) Section 27 of the Interpretation Ordinance, 2005 [Cap. 61] shall apply to this Code in like manner as it would have applied if "Settlement Officer" had been herein defined to
S.3 PART I SHORT TITLE, INTERPRETATION AND ADMINISTRATION-3. Administration.
This Code shall be administered by a Director of Lands and Surveys who shall be assisted by such number of Deputy Directors, Assistant Directors, Superintendents, Assistant Superintendents, Settlement Officers, Assistant Settlement Officers, Registrars and Assistant Registrars and Surveyors as the Minister may appoint.
[Mod. Swk. L.N. 68/64]
S.4 PART II LAND CLASSIFICATION AND DIVISION-4. Power to constitute new areas of Mixed Zone, Native or Interior Area Land and consequential provisions.
(1) The Minister may, by order signified in the Gazette , declare any area of land to be Mixed Zone Land and thereupon any Native Area Land or Interior Area Land within such area shall become Mixed Zone Land.
(2) The Minister may, by order signified in the Gazette , declare any area of land to be Native Area Land or Interior Area Land and thereupon such part of such area as consists of unalienated Mixed Zone Land shall become Native Area Land or Interior Area Land, as the case may be.
[Modified: Swk. L.N. 68/1964.]
(3) The Director of Lands and Surveys may, with the approval of the Minister, by notification in the Gazette , declare that any area of land shall become Native Area Land and thereupon such part of such area as consists of Interior Area Land shall become Native Area Land.
[Am. by Cap. A42]
(4) Where the area in respect of w
S.5 PART II LAND CLASSIFICATION AND DIVISION-5. Native customary rights.
(1) As from the 1st day of January, 1958, native customary rights may be created in accordance with the native customary law of the community or communities concerned by any of the methods specified in subsection (2), if a permit is obtained under section 10, upon Interior Area Land. Save as aforesaid, but without prejudice to the provisions hereinafter contained in respect of Native Communal Reserves and rights of way, no recognition shall be given to any native customary rights over any land shall be given to any native customary rights over any land in Sarawak created after the 1st day of January, 1958, and if the land is State land any person in occupation thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.
(2) The methods by which native customary rights may be created are:
(a) the felling of virgin jungle and the occupation of the land thereby cleared;
S.6 PART II LAND CLASSIFICATION AND DIVISION-6. Native Communal Reserves.
(1) The Minister may by order signified in the Gazette declare any area of State land to be a Native Communal Reserve for the use of any community having a native system of personal law and may, by such order or by subsequent order, declare that the customary law of such community in relation to the acquisition, transfer and transmission of rights and privileges in or over land, and in any building or other structure erected therein, shall apply with such modifications as may be specified or provided for in any such order.
(2) Save in so far as the contrary may be specified or provided for in any such order or by this section, rights in any land declared to be a Native Communal Reserve under subsection (1) shall be regulated by the customary law of the community for whose use it was declared to be reserved.
(3) Notwithstanding subsection (2), but without prejudice to subsections (4) to (7) inclusive, at any such land shal
S.6A PART II LAND CLASSIFICATION AND DIVISION-6A. Native territorial domain.
(1) Any native community may, within a native territorial domain, claim usufructuary rights exercised and enjoyed by members of that community.
(2) Any claim under subsection (1) shall be made to the Superintendent in such form as may be provided by the Director with all evidence in support of such claim:
Provided that:
(a) any area claimed as native territorial domain shall not exceed five hundred hectares; or
(b) the Minister may, with the approval of the Majlis Mesyuarat Kerajaan Negeri in accordance with the Rules made herein, allow a claim of up to one thousand hectares.
(3) If the Director approves the claim, the Superintendent shall issue a native communal title, describing the area as a native territorial domain, which shall be used exclusively by the native community for agricultural purpose or such other purposes as may be approved by the Majlis Mesyuarat Kerajaan Negeri and
S.7 PART II LAND CLASSIFICATION AND DIVISION-7. Government Reserves and Kampung Reserves.
(1) In any case where an area of State land is required for a Federal or State public purpose, or may be so required in the future, and it is considered that the area should not be available for alienation, the Director may by notification in the Gazette declare such area to be a Government Reserve whether the public purpose for which the land may be used is stated in the notification or not. The Director may also by a similar notification specify a public purpose for which a Government Reserve may be used, whether such notification involves the change of a purpose previously notified or the declaration of the purpose for which land, not previously held for any specified public purpose, may henceforth be held.
(2) In any case where any area of State land has been declared to be a Government Reserve under subsection (1) the Director may by notification in the Gazette declare that the area is no longer required as a Gove
S.8 PART II LAND CLASSIFICATION AND DIVISION-8. Illegal for non-native to acquire rights or privileges over land of certain classes.
Save as provided in section 9:
(a) a person who is not a native of Sarawak may not acquire any rights or privileges whatever over any Native Area Land, Native Customary Land or Interior Area Land;
(b) any agreement, purporting to transfer or confer any such rights or privileges or which would result in such person enjoying any such right or privilege, shall be deemed to have been entered into for an illegal consideration; and, in particular but without prejudice to paragraph (d) , any consideration which shall have been paid or furnished shall not be recoverable in any court nor shall any relief be afforded to any person claiming that any consideration promised has not been paid or furnished;
(c) any person purporting to enter into an agreement to which paragraph (b) applies shall be guilty of an offence; Penalty, a fine of one thousand ringgit and, in the case o
S.9 PART II LAND CLASSIFICATION AND DIVISION-9. Acquisition of land by non-natives.
(1) Section 8 shall not be deemed to prohibit the acquisition by any non-native of any land to which the provisions of that section apply, or of any rights or interest in or over such land:
(a) under or by virtue of any law for the time being regulating prospecting for minerals, including minerals oils, or the taking of forest produce;
(b) whenever such non-native has become identified with and subject to any native system of personal law;
(c) whenever such non-native has been issued with any permit relating to Native Area Land or Native Customary Land, issued under any rules made under section 8A of the former Land (Classification) Ordinance, 1948 [Ordinance No. 19 of 1948] , or issued under rules in that behalf under section 213, to the extent of the rights conferred by such permit;
(d) where such non-native has been deemed to be a native, by the Majlis
S.10 PART II LAND CLASSIFICATION AND DIVISION-10. Occupation of different classes of land.
(1) Without prejudice to paragraph 5(2) (e) or to section 29 or to the provisions of any written law, no person may occupy or exercise any rights or privileges over any Mixed Zone Land or Native Area Land save under a valid and subsisting document of title and, if the land in question is unalienated, any occupier thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.
(2) No person whether a native or non-native may occupy any Native Customary Land or any Reserved Land save under and in accordance with the conditions applicable thereto by virtue of this or any other written law, and any person in occupation thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.
(3) Without prejudice to any law for the time being regulating the prospecting for minerals and mineral oils or the taking of forest produce, any native who, without a p
S.11 PART II LAND CLASSIFICATION AND DIVISION-11. Director may classify land and resolve doubts as to classification of any particular area of land.
(1) The Director may divide Sarawak into Land Districts and may, for the purpose of giving effect to this or any other written law, by notification in the Gazette declare any area of land to be a special development area or to be town, suburban or land comprised in a bazaar or to be land of such class or description as may be provided for under such written law or as a prescribed zone adjoining a designated special road.
[Am. by Cap. A17; A119]
(2) The Director may, if he is satisfied that any parcel of land is Mixed Zone Land or Native Area Land within the meaning of section 2 as read with this Part and that it is expedient that this section shall apply thereto, by notification in the Gazette declare that such parcel is Mixed Zone Land or Native Area Land, as the case may be.
(3) Such declaration shall, unless revoked or varied by the Court under subsection (4) or unless the classification of the sai
S.12 PART III STATE LAND AND THE ALIENATION THEREOF-12. Property in and control of State lands and waterways.
The entire property in and control of State land and of all rivers, streams, canals, creeks and water courses and the bed thereof and in the column of airspace above the earth of the land, is and shall be vested solely in the Government.
[Am. Cap. A200/2022]
S.13 PART III STATE LAND AND THE ALIENATION THEREOF-13. Discretion to alienate.
(1) Subject to the direction of the Minister under section 3(1A), the Director may alienate State land other that Native Customary Land:
[Subs. Ord No. 8/84;]
(a) in perpetuity or for such terms as may be fixed by rules made under this Code for the respective classes of land referred to in such rules;
(b) in consideration of the payment of an annual rent;
(c) in consideration, unless the Majlis Mesyuarat Kerajaan Negeri thinks fit to exempt therefrom in any particular case, of the payment of a premium, and where the alienation has been made in consideration of the payment of a premium, the amount of the premium shall be stated. The payment of the premium, if any, may be made either by a single payment or by instalments over a period not exceeding ten years as may be determined by the Superintendent;
[Am. by Ord No. 9/76; Cap.
S.13A PART III STATE LAND AND THE ALIENATION THEREOF-13A. No acquisation of land by foreigners.
Notwithstanding anything in this Code or any other written law relating to land no estate, interest or right in any land may be held or acquired by any of the following:
(a) any person who is not a Malaysian citizen and not permanently resident in Sarawak.
(b) any foreign company, corporation, society, association or other body, which is not registered in Malaysia under any written law applicable thereto; and
(c) any person or body corporate which is a trustee under a trust any beneficiary of which is :
(i) a person who is not a Malaysian citizen and not permanently resident in Sarawak ; or
(ii) a foreign company, corporation, society, association or other body, which is not registered in Malaysia under any written law applicable thereto;
[Ins. by Ord. No.2/74]
S.13B PART III STATE LAND AND THE ALIENATION THEREOF-13B. No acquisation of land by foreigners without consent of Minister.
Without prejudice to the generality of section 13A, an estate, interest or right in any land may with the consent of the Minister, be acquired by any of the following:
[Am. by Ord. No.5/90]
(a) in the case of any company, corporation, society, association, bank or other body:
(i) if it is registered in Malaysia under any written law applicable thereto; and
(ii) if the shares that in aggregate carry the right to exercise or control the exercise of more than fifty percent of the voting power at any general meeting of the company, corporation, society, association, bank or other body, are held by persons who are non-Malaysian citizens;
(b) any foreign government or sovereign of any foreign country; and
(c) any person or body corporate which is a trustee under a trust, any beneficiary of which is-:
S.13C PART III STATE LAND AND THE ALIENATION THEREOF-13C. Prohibitions and restrictions against foreigners to acquire land by way of transfer, sublease, transmission and dealings with land other than a charge.
Notwithstanding this Code or any other written law relating to land the prohibitions and restrictions imposed by sections 13A and 13B shall apply to any transfer, sublease or transmission under Part VII or any dealing with land other than a charge: Provided that the Minister by notification in the Gazette exempt any person, company, corporation, society, or association referred to in section 13A from this section in relation to the acquisation of interest in land by way of a sublease subject to such terms and conditions as may be prescribed by the Minister.
[Ins. by Ord. No.2/74; Am. by Ord. No. 5/90]
S.13D PART III STATE LAND AND THE ALIENATION THEREOF-13D. Section 13A, 13B and 13C not applicable to interest acquired before the commencement of the Land Code (Amendment) Ordinance 1974 and to the Federal and State Governments and statutory bodies.
(1) Nothing in section 13A, 13B, and 13C shall apply to:
(a) any estate, interest or right lawfully acquired prior to the commencement of the Land Code (Amendment) Ordinance 1974 [Ord. No.2/74] ;
(b) any estate, interest or right in any land acquired directly from the Government of Sarawak in consideration of the surrender to the State of any land, or in the course of the subdivision or partition of any land;
Provided however that any subsequent dealings by persons other than the Government of Sarawak shall be bound by sections 13A, 13B, 13C;
(c) any land or estate or interest therein acquired by any bank or finance company or institution in Sarawak licensed under the Banking and Financial Institution Act 1989 [Act 372] , where such land, or estate, or interest therein has been vested in such bank or finance company or institutio
S.13E PART III STATE LAND AND THE ALIENATION THEREOF-13E. Foreign investment in special development areas.
(1) Where it appears to the Majlis Mesyuarat Kerajaan Negeri that:
(a) it would be of economic benefit or an advantage to the State; or
(b) it would encourage or facilitate foreign investment into the State,
that any area of State land or any area of alienated Mixed Zone Land is to be developed or has been developed for any of the following purposes, viz :
(i) holiday resort or such other project for the promotion of the tourism industry in Sarawak;
(ii) recreational centre;
(iii) high-rise commercial complexes;
(iv) industrial estates, including free zones, established under the Free Zones Act 1990 [Act 438] , and housing accommodation for such industrial estates and free zones;
(v) special residential areas for accommodation of foreign investors or foreign workers; or
(vi) any development or to facilitate the develop
S.13F PART III STATE LAND AND THE ALIENATION THEREOF-13F. Penalties for dealing in contravention of section 13A, 13B, 13C and 13E.
(1) Any instrument of agreement purporting to transfer or convey any right, interest or estate in land to or to vest or confer any such right, interest or estate on, any foreign person, foreign company, foreign corporation, or other foreign body referred to in section 13A, in contravention of the provisions of section 13A, 13B, 13C, or 13E, shall be deemed to have been entered into for an illegal consideration and shall be void, and any consideration provided or furnished pursuant thereto shall not be recoverable in any court nor shall any relief be afforded to any person claiming that any such consideration promised has not been paid or furnished.
(2) Where an instrument executed in contravention of section 13A, 13B, 13C, or 13E has been registered under Part VII, the Registrar shall make an endorsement on the appropriate Register cancelling the registration thereof. Upon cancellation, any right, interest or estate acquired by virtue of
S.14 PART III STATE LAND AND THE ALIENATION THEREOF-14. Repealed.
[Repealed by Ordinance No. 18 of 1971]
S.15 PART III STATE LAND AND THE ALIENATION THEREOF-15. Protection of native customary rights.
(1) Without prejudice to sections 18 and 18A, where native customary rights have been lawfully created over State land and land which has been issued with native communal title under section 6A, such land shall not be alienated or be used for a public purpose until all native customary rights have been surrendered or terminated or provision for compensating the persons entitled thereto have been made in accordance with section 5(3) and (4).
[Sub. Cap. A95, Ins. Cap A166, Am. Cap. A179.]
(2) (a) The surrender of native customary rights under subsection (1) shall be effected by way of a deed of surrender, in such form as may be approved by the Director, and shall be signed by the Superintendent and the persons whose rights are to be surrendered to the Government for the purposes of subsection (1).
(b) Prior to the signing of the deed referred to in paragraph (a) , the Super
S.15A PART III STATE LAND AND THE ALIENATION THEREOF-15A. Alienation of land surrendered, reverted or resumed to the Government.
(1) Subject to the direction of the Minister and the provisions of Part III, the Director may:
(a) alienate any land which has been reverted to the Government pursuant to section 5(3) and (5); or
(b) re-alienate any alienated land which has been surrendered to or resumed by the Government under Part IV , for any of the purposes specified in section 46,
to any person, corporation or body of persons approved by the Minister.
(2) Whenever any land referred to in subsection (1) is alienated or re-alienated, as the case may be, such land shall not at any time be used for any purpose other than the development or undertaking which in the opinion of the Minister is for the benefit of the State or any part thereof or of the public generally or any class of the public.
[Ins. by Cap. A23]
S.16 PART III STATE LAND AND THE ALIENATION THEREOF-16. Special condition in relation to alienation of town building lots.
Any alienation of town land for building purposes shall be subject to the following special conditions, namely:
(a) that buildings shall within one year from the date of registration of the document of title, or such extended period as may be therein mentioned, be erected on such land;
(b) that, whenever any written law requires that the plans of any such buildings shall be approved by a local authority, such buildings shall be erected in accordance with the approved plans. A breach of this condition shall entitle the Government to re-enter, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished. For the purpose of any re-entry under this paragraph, section 33 shall, with the necessary modifications, apply.
[Am. by Ord. No.8/88]
S.17 PART III STATE LAND AND THE ALIENATION THEREOF-17. Reversion to Government of unimproved suburban land.
In the absence of any special conditions to the contrary contained in the document of title, the Government may re-enter and resume possession of lots of suburban land which remain unoccupied and unimproved for two years from the date of registration of the document of title, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished. For the purposes of any re-entry and recovery of possession under this section, the provisions of section 33 shall, with the necessary modifications, apply.
S.17A PART III STATE LAND AND THE ALIENATION THEREOF-17A. Penalties in respect of offences under section 16 or 17.
Any person who contravenes or neglect or fails to comply with section 16 or 17 shall be guilty of an offence: Penalty, a fine of two thousand ringgit and, in the case of a continuing offence, to a further fine of one hundred ringgit in respect of each day on which the offence continues.
[Ins. by Ord. No.8/88]
S.18 PART III STATE LAND AND THE ALIENATION THEREOF-18. Grants to natives.
(1) Where the Director, subject to any direction from the Minister, is satisfied that a native has occupied and used any area of unalienated State land in accordance with rights acquired by customary tenure amounting to ownership of the land for residential or agricultural purposes, he may, subject to section 18A, issue to the native a grant in perpetuity of that area of land free of premium rent and other charges.
[Am. by Ord No.20/63; Ord. No. 2/74; Cap. A50, A78]
(2) A grant in perpetuity under this section shall be made for residential or agricultural purposes, as the case may be, subject to such conditions, obligations and restrictions as the Director on the direction of the Minister, may impose.
[Subs. by Ord. No. 2/74]
(3) Where land granted under this section is transferred or subleased to a person other than a person who, if the proprietor had died intestate imm
S.18A PART III STATE LAND AND THE ALIENATION THEREOF-18A. Issue of leases in Development Areas.
(1) Where unalienated State land, over which a native who had acquired ownership thereof by the exercise of native customary rights under section 5, is within:
(a) a Development Area declared under section 11(1) of the Land Custody and Development Authority Ordinance, 1981 [Ord. No. 4/81] ; or
(b) an area designated as a Sarawak Land Development Area under the Schedule to the Lembaga Kemajuan Tanah Sarawak (Sarawak Land Development Board ) Order, 1972 [Swk. L.N. 17/72]
the Superintendent may issue a lease over such land for a term of not more than sixty years, on such terms and conditions as he may impose, to a body corporate approved by the Minister.
(2) The Superintendent may amalgamate all land, within a Development Area referred to in subsection (1), over which natives have acquired ownership, or over such land and any adjoining State land, into on
S.19 PART III STATE LAND AND THE ALIENATION THEREOF-19. Prohibition against the owning of more than * 5,000 acres.
(1) No document of title may be issued for an area exceeding five thousand acres, nor may any person either alone or jointly with another or others, hold more than a total area of *five thousand acres without the permission in writing of the Minister.
[Mod. Swk. L.N. 68/64]
(2) Where in any particular case an area exceeding five thousand acres is held in contravention of the provisions of subsection (1), the Government may re-enter and resume possession of so much of the excess area as may be considered necessary, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished.
S.20 PART III STATE LAND AND THE ALIENATION THEREOF-20. Form of grant and lease.
(1) Every grant or lease of State land be substantially in such one of the Forms in the First Schedule as may be appropriate and shall be sealed and signed by the Superintended or by the Director, as the case may be require. Every such grant or lease shall be prepared in duplicate and a diagram of the land shall be annexed to the part intended to become the issue document of title.
(2) Where an applicant for a grant, lease or provisional lease of State land has died prior to the issue of a document of title in his favour, the document of title may be issued either in the name of the applicant or in the names of those entitled to a grant of probate or letters of administration of his estate under the Administration of Estates Ordinance. [Cap. 80 1948 Edition].
(3) Both parts of every grant or lease of State land shall, after completion in accordance with subsection (1), be sent to the Registrar and registered by him in the Register
S.21 PART III STATE LAND AND THE ALIENATION THEREOF-21. Repealed.
[Repealed by Ordinance 18 of 1972] .
S.22 PART III STATE LAND AND THE ALIENATION THEREOF-22. Rent for Land.
[Marginal note Subs. Swk. Cap. A50, s. 7; Am. Swk. Cap. A136, s. 3]
(1) [Deleted by Ordinance No. 18 of 1971] .
(2) Every alienation of State land made prior or subsequent to the 1st day of January, 1958, shall, notwithstanding any provision to the contrary to this or any other written law, be liable to payment of rent, which shall be stipulated in the document of title or provided for under the provisions of this Code.
[Subs. by A136/2007]
S.23 PART III STATE LAND AND THE ALIENATION THEREOF-23. Liability for rent.
When land is held by co-proprietors they shall be jointly and severally liable to pay the rent.
S.24 PART III STATE LAND AND THE ALIENATION THEREOF-24. Payment of annual rent and premium.
(1) Annual rent payable in respect of any lease, and in cases where instalments of premium are to be paid, the amount of such instalment, shall be paid on or before the due date, as stipulated in subsection (2), for the payment thereof.
(2) The due date for the payment of rent or instalments of premium, as the case may be, shall be the anniversary date of the registration of the lease or the date stipulated by the Superintendent as the annual due date for payment of rent or instalments of premium.
(3) If payment of rent or instalment of premium is not received by the due date of payment thereof, such surcharge of the annual rent or instalment of premium, as the case may be, as may be prescribed by rules made under this Code shall be imposed.
(4) Where rent or any surcharge thereon imposed under subsection (3) is not paid by the registered proprietor, without prejudice to section 33 or 122, the Superintendent shall be entitle
S.25 PART III STATE LAND AND THE ALIENATION THEREOF-25. Sub-division.
No proprietor of land may sub-divide his land and transfer or sub-lease any sub-division thereof except in accordance with Part X and any rules made thereunder and subject to such terms and conditions as may be imposed by the State Planninig Authority for such sub-division.
[Subs. by Cap. A50]
S.26 PART III STATE LAND AND THE ALIENATION THEREOF-26. Renewals.
No person claiming under a document of title shall, in the absence of contrary provision contained in that document of title, have any right, to any renewal, whether upon the same conditions or otherwise, of the estate or interest thereby secures:
[Am. Swk. Cap. A136, s. 4]
Provided that the Director may, upon such terms and conditions as he may impose, re-alienate the land covered by the document of title to the person who is the registered proprietor thereof.
[Subs. by A136/2007]
S.27 PART III STATE LAND AND THE ALIENATION THEREOF-27. No compensation for improvements.
No outgoing proprietor or other person shall have any right or claim against the Government in respect of the value of any improvements that may be in existence on the land at the date of the expiration of the estate or interest under which that land was held.
S.28 PART III STATE LAND AND THE ALIENATION THEREOF-28. Survey required before alienation.
(1) No State land shall be alienated under this Code unless and until the survey of the land has been completed to the satisfaction of the Superintendent:
Provided that, when the immediate survey of any State land is impracticable, the Superintendent may order that a provisional lease in Form C in the First Schedule be executed in favour of the person entitled.
(2) Every provisional lease shall specify:
(a) the approximate area of the land to be held thereunder;
(b) the annual rent payable;
(c) the period or term of the provisional lease;
(d) the special conditions imposed thereon by the Superintendent;
(e) that any land held under native customary rights created under section 5 or native territorial domain under section 6A shall be excluded from the area covered by the provisional lease; and
(f)<
S.29 PART III STATE LAND AND THE ALIENATION THEREOF-29. Temporary licences.
(1) Subject to the provisions of this Code and any rules made hereunder, the Superintendent may permit the temporary occupation of State land under licence.
(2) No such licence shall, notwithstanding anything contained in any written law to the contrary, be registerable in the Register nor be transmissible or transferable by operation of law or otherwise.
(3) Every such licence shall be substantially in the form and subject to the terms and conditions prescribed by rules made under this Code and shall be subject to such other terms and conditions, not inconsistent with the provisions of this Code and the rules made hereunder, as the Superintendent may deem fit to impose.
S.30 PART III STATE LAND AND THE ALIENATION THEREOF-30. Revision of rent.
(1) Subject to subsection (5), the Director may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, 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 Majlis Mesyuarat Kerajaan Negeri, may think fit to exempt therefrom.
(3) On any revision under this section, the Director may:
(a) increase or reduce the rents of all lands to which the revision extends; and
(b) make different provision for different classes or descriptions of such lands.
(4) In the exercise of the powers conferred by this section the Director shall take no account of increases in land values attributable to improvements.
(5) Revisions of rent under t
S.31 PART III STATE LAND AND THE ALIENATION THEREOF-31. Restriction on transfer.
(1) No land exceeding one hundred acres* in area whether contained in one document of title or not shall be transferred, sub-leased, charged or otherwise disposed of without the consent of the Superintendent.
(2) Any person aggrieved by any decision of the Superintendent under subsection (1) may, in accordance with the provision of the Administrative Appeals Rules [Vol. VII 1958 Ed. p. 5] appeal to the Minister within twenty-one days after the date when such instrument was refused registration.
[Am. by Swk. L.N. 68 of 1964]
S.32 PART III STATE LAND AND THE ALIENATION THEREOF-32. Implied conditions and obligations affecting land.
(1) In the absence of any express provision to the contrary in the document of title to any land whether alienated before or after the 1st day of January, 1958, there shall, by virtue of this section, be implied in such document of title the following conditions, obligations and restrictions:
(a) that the rent, if any, and all rates, taxes and other dues payable to Government in respect of the land shall be a first charge on the land and shall be duly paid to the person and at the time and place prescribed for that purpose;
(b) that all boundary marks by which the boundaries of the land are defined shall be duly maintained by the proprietor or occupier;
(c) that no portion of the land shall be used for the burial of a human body or any part thereof without the authority of the Resident;
(d) that the Government has the right at all reasonable times to enter upon the
S.32A PART III STATE LAND AND THE ALIENATION THEREOF-32A. Rock material not to be removed from land except under licence.
(1) No person, whether or not he is the lawful proprietor or occupier of the land, may remove any rock material or any commodities manufactured thereof on such land, except under and in accordance with a licence issued to him by the Superintendent.
(2) Licence issued under subsection (1) shall be subject to such terms and conditions as may be imposed including the payment of such royalties as the minister may approve.
[Am. by Ord. No.3/79]
(3) Any person removing any rock material or any commodities manufactured thereform from any land without a licence or contrary to any of the terms or conditions of a licence issued under this section shall be guilty of an offence: Penalty, a fine of five thousand ringgit.
[Ins. by Ord. No 2/74; Am. by Ord. No.3/796; Cap. A50]
S.32B PART III STATE LAND AND THE ALIENATION THEREOF-32B. Use of land for carbon storage requires Licence.
(1) No person, whether or not he is a registered proprietor or a lawful occupier of the land, may use or permit the use of his land, for carbon storage without approval of the State Planning Authority and a licence issued to him by the Superintendent.
(2) A licence issued under sub-section (1) shall be in such form as may be determined by the Director and for such period and upon such terms and conditions stipulated in the licence.
(3) Any person who contravenes the provisions of sub-section (1) or shall breach any of the terms and conditions in his licence shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for not exceeding five years or to both.
[Ins. Cap. A200/2022]
S.33 PART III STATE LAND AND THE ALIENATION THEREOF-33. Re-entry in case of breach or default.
(1) There shall, by virtue of this section, be implied in every document of title the condition that in every case of a breach of, or a default in, the observance or compliance with any of the conditions, restrictions or other obligations in the said document of title, whether expressed therein or contained in or implied by this Code, and such breach or default is not remedied in accordance with subsection(2), the director or any other officer authorized by him may, subject to this section and with the approval of the minister, on behalf of the Government, declare the estate or interest secured by that document of title to be forfeited and re-enter the land or the portion thereof in respect of which the breach or default has occurred.
(2) Where there is any breach or default in the observation of or compliance with any condition, restriction or other obligation expressed in a document of title or contained in or implied by this Code, the
S.33A PART III STATE LAND AND THE ALIENATION THEREOF-33A. Re-entry of land within special development areas.
(1) Where the proprietor of any land, within an area which has been declared to be a special development area pursuant to section 11:
(a) had obtained approval under the Building Ordinance, 1994 [Cap. 8] , for the erection of a building on his land, but:
(i) fails, within a period of two years from the date of such approval, to commence the construction of the building; or
(ii) after having commenced the construction thereof, abandons, ceases or discontinues works necessary for the completion of the construction of the building; or
(b) has on his land a building which has been left in a state of ruin, disrepair or collapse so as to cause nuisance, danger or inconvenience to the public,
the Superintendent may, with the approval of the Director, by notice served on the proprietor , require him within such period (being not less th
S.34 PART III STATE LAND AND THE ALIENATION THEREOF-34. Right of way.
(1) All land shall be held subject to an implied right:
(a) that the proprietor or occupier of land adjoining or in the neighbourhood who has no other reasonable means of access from his land to a public road, way, river, creek or foreshore;
(b) that the holder of a licence or permit to take rock material of forest produce who has no other reasonable means of access from a public road, way, river, creek of foreshore to such rock material or forest produce; and
(c) that the holder of a mining lease or prospecting licence who has no other reasonable means of access from a public road, way, river, creek of foreshore to land over which mining or prospecting rights have been granted to him under such lease or licence,
shall have a right of way for all reasonable purposes over such land and to pass and repass with or without boats or vehicles.
S.35 PART III STATE LAND AND THE ALIENATION THEREOF-35. Right of neighbouring owners to drainage and irrigation.
(1) All land shall be held subject to an implied right of the proprietors or occupiers of neighbouring land to drainage and irrigation.
(2) Every proprietor or occupier of land shall be jointly responsible with the neighbouring proprietors or occupiers for the proper maintenance of any party drains or irrigation ditches which are upon his land or are constructed after the 1st day of January, 1958, and which such proprietor or occupier uses or from which he derives some benefit.
(3) If such proprietor or occupier refuses or fails to maintain any such party drain or ditch, a neighbouring proprietor or occupier may, after giving reasonable notice when practicable of his intentions so to do, enter upon the land and, at the joint expense of the proprietors or occupiers referred to in subsection (2), do such maintenance work as may be necessary.
(4) If a proprietor or an occupier of any land cannot efficiently drain his land by an
S.36 PART III STATE LAND AND THE ALIENATION THEREOF-36. Right to prospect for minerals.
(1) All land shall be subject to the right of the Government to prospect for minerals and to the right conferred on any person, by licence issued under any written law for the time being relating to mining, to prospect for minerals upon payment to the proprietor or occupier of compensation for disturbance or any damage caused to property.
(2) No person may remove from any land whether or not he is the proprietor or occupier thereof any metals, minerals or other substances in respect of which a lease or licence is required under any written law for the time being relating to mining, except in accordance with such law.
S.37 PART III STATE LAND AND THE ALIENATION THEREOF-37. Government's right of drainage, etc.
All land shall be subject to the following implied rights reserved to the Government:
(a) the right, without payment of compensation therefore, of making upon all land, drains, sewers and ditches, of laying down pipes and cables for water, gas or electricity, of erecting poles and wires for electric power communication towers, and of using, repairing and maintaining the same;
[Am. by A95]
Provided that if such works interfere with improvements, permanent buildings or cultivated ground, such compensation shall be allowed for disturbance or damage as shall be determined by the Superintendent;
(b) the right of the Government exercisable through the Superintendent to cause any tree or trees to be felled, trimmed or removed. Compensation shall be assessed and awarded by the Superintendent for any such feeling, trimming or removal:
S.38 PART III STATE LAND AND THE ALIENATION THEREOF-38. Margin of land along all rivers, sea coasts, roads, borders, etc., reserved to the Government.
(1) Save where express provision is made to the contrary in any document of title by any general or special direction of the Minister, all unalienated land situate within the limits stated below shall be reserved to the Government, and no one may acquire a title to the same or any part thereof:
[Mod. Swk. L.N. 68/64; Am. Cap. A119.]
(a) all land adjoining the sea coast within *sixty-six feet of mean high water mark;
(b) all land within *sixty-six feet on each side along the banks of all navigable rivers, streams, canals or creeks:
Provided that, where the width of any such stream, canal or creek is less than* thirty-three feet, the reserve on each bank shall be twice the width of the stream, canal or creek;
(c) all land within * thirty-three feet on either side of the centre of all roads maintained by the Government, o
S.39 PART III STATE LAND AND THE ALIENATION THEREOF-39. Cultivation.
(1) (a) Land alienated for agricultural purposes shall be subject to the implied condition that within nine months from the date of the issue of the document of title and, subject to the special conditions, if any, expressed therein, the proprietor shall take all reasonable steps preparatory to bringing such land under cultivation.
(b) Where the area is not more than * one hundred acres, the whole shall be brought into cultivation within three years.
(c) In cases where the area exceeds * one hundred acres, one-fifth of the total area shall be brought under cultivation during each successive year until the whole have been brought under cultivation.
(2) There shall be implied in every document of title land alienated for agricultural purposes that the land shall be managed in a husband like manner according to the principles of good husbandry and that due regard shall be had to the conservation of
S.39A PART III STATE LAND AND THE ALIENATION THEREOF-39A. Special conditions implied on alienated for agricultural purposes.
(1) Whenever any land is alienated for agricultural purposes, the following implied conditions shall apply thereto-:
(a) that the land shall not at any time be used for any purpose other than agriculture; and
(b) 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 (2).
(2) The purposes referred to in subsection (1) (b) are the following:
(a) agriculture
(b) (i) one dwelling house for the proprietor of the land or, where he is not a resident thereon, his agriculture tenant;
(ii) such other buildings as may be necessary for accommodating any domestic servants of the proprietor or of his agriculture tenant or the person employed on the land in connection with the use of the land for agricultural purposes; and
S.40 PART III STATE LAND AND THE ALIENATION THEREOF-40. Replacement of Occupation Tickets.
(1) Where land which has been included in a provisional lease issued under section 28,or in an Occupation Ticket issued under section 21 of the former Land Ordinance [Cap. 27. [1948 Edition] has been surveyed to the satisfaction of the Superintendent, then, upon application being made to him by the person rightfully entitled to the land in the provisional lease or Occupation Ticket, as the case may be, or at his discretion if no such application is made, the Superintendent may issue a lease in the prescribed form in place of the provisional lease or Occupation Ticket.
(2) A lease issued pursuant to subsection (1) shall be for the balance of the term, if any, stated in the provisional lease or Occupation Ticket or, where no term is stated, for a term in accordance with prescribed rules, and shall be deemed to be subject to all charges and other interests to which the provisional lease or Occupation Ticket was subject at the time of the iss
S.41 PART III STATE LAND AND THE ALIENATION THEREOF-41. Repealed.
[Repealed by Ordinance 20 of 1963].
S.42 PART III STATE LAND AND THE ALIENATION THEREOF-42. Sago land.
(1) The Superintendent may in his discretion grant a lease to any native, or to any other person who has been ordinarily resident in Sarawak for a period of five years out of the seven years immediately preceding the grant, of an area of land suitable for the cultivation of sago and not suitable for the cultivation of wet padi.
(2) So long as the person in beneficial occupation by way of lease or sub-lease of any area of land to which this section applies is a native, no rent, premium or other charges shall become or be payable to the Government save in respect of any area in excess of * fifteen acres held under the same title:
Provided that any person, other than a native in beneficial occupation as aforesaid, shall be liable to the Government for such rent, premium and other charges as the Superintendent may, having regard to any rules applicable made under section 213, assess.
(3) Subject to sub
S.43 PART III STATE LAND AND THE ALIENATION THEREOF-43. [Deleted].
[Deleted by Ord. No. 3/79].
S.44 PART III STATE LAND AND THE ALIENATION THEREOF-44. No title or right to be required against the Government save such right or title as may be granted under this Code.
No person shall acquire any right or title against the Government by virtue of any adverse possession, unlawful occupation or occupation under temporary licence, and no right or title shall be acquired against the Government, save such right or title as may be lawfully granted under this Code.
S.45 PART IV RESUMPTION OF LAND-45. Surrender.
(1) Any registered proprietor, of land holding directly from the Government may, with the approval of the Superintendent, given in such terms and subject to such conditions as he thinks fit, and with the written consent of every person having a registered interest therein, surrender his estate or interest in the whole or any part of the land comprised in the appropriate document of title. Upon registration of such surrender, the interest of the proprietor in the estate or interest surrendered by him shall revert to the Government.
(2) Where only part of an estate or interest has been surrendered, the necessary adjustment in any rent payable shall be made.
(3) A surrender in accordance with subsection (1) may, with the approval of the Superintendent, be made by the proprietor during the currency of any term for which the land has been alienated and a new document of title may be issued to him for the balance of such term, or for suc
S.46 PART IV RESUMPTION OF LAND-46. Purposes for which land may be resumed.
Land may be resumed by the Government whenever it is required for any of the following purposes:
[Am. Swk. Cap. A78, s. 9]
(a) the planning, establishment, extension, improvement, development and re-development of towns, bazaars, growth centres, housing estates, sites for industries, factories, trade and commerce, or the provision of accommodation for workers employed by factories and in industrial estates, the provision and establishment of public parks and green, open spaces, public amenities or recreational facilities;
[Subs. by A78]
(b) the provision of residential accommodation for any section or class of the community including the officers, servants or employees of the Federal or State Government and the families and employees thereof;
(c) the provisions or improvement and development of roads and means of communic
S.47 PART IV RESUMPTION OF LAND-47. Power to enter and survey.
(1) Whenever the Minister decides that any alienated land or Native Customary Land or Kampung Reserve is likely to be needed for any of the purposes specified in section 46, the Superintendent shall cause a public notice of the substance of such decision to be given at convenient places in such locality, and thereupon any officer or other person either generally or specially authorized by the Minister in this behalf and his servants and workmen may enter upon such land and may survey, bore, take levels, set out and mark boundaries and do all other acts necessary to ascertain whether the land is suitable for such purpose.
[Mod. Swk. L.N. 68/64; Am. Reprint. Commissioner; Am. Act 78]
(2) As soon as conveniently may be after such entry, the Superintendent shall assess the compensation for damage resulting therefrom.
(3) Such compensation shall not become payable so far as it relates to any land which is
S.48 PART IV RESUMPTION OF LAND-48. Declaration that land is required for a public purpose.
(1) Whenever it appears to the Minister that any particular is needed for any of the purposes specified in section 46, the Minister shall make a declaration to that effect.
(2) The declaration shall be posted in the office of the Superintendent and of the District Officer and shall state the situation of the land, the particular purpose for which it is needed, its approximate area and all other particulars necessary for identifying it and also the place where a plan of the land, if any has been made, my be inspected. Such a declaration shall be conclusive evidence that the land is needed for the purpose specified therein.
(3) Upon the posting of such declaration an entry thereof shall be made in the Register in respect of the land affected.
S.49 PART IV RESUMPTION OF LAND-49. Plan to be made and notices given.
(1) The Superintendent shall thereupon cause a plan of the land to be made, if none already exists, and shall cause notices to be posted at convenient places on or near the land to be taken stating that the Government intends to take possession thereof and that claims to compensation for all interests therein may be made to him.
(2) Every such notice shall state the particulars of the land and shall require all persons interested therein to appear personally or by agent before the Superintendent at a time and place in such notice mentioned, such time not being earlier than twenty-one days after the date of posting of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their respective interests in the land and the amount and particulars of their claims to compensation for such interests and their objections, if any, to be the measurements as surveyed. The Superintendent may in an
S.50 PART IV RESUMPTION OF LAND-50. Power to require statements as to names and interests.
(1) The Superintendent may also require any such person as is referred to inn section 49(3) to deliver to him a time to be specified, being not less than fifteen days, a statement in writing containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make a statement under this section or subsection 49(2) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code [Act 574].
S.51 PART IV RESUMPTION OF LAND-51. Inquiry and award by Superintendent.
(1) On the day so fixed, or on any other day which the inquiry has been adjourned, the Superintendent shall proceed to inquire into the objections, if any, which any person interested has stated, pursuant to a notice given under section 49, to the measurements as surveyed, and into the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand o:
(a) where the land has been surveyed to the satisfaction of the Superintendent, the true area or, where the land has not been so surveyed, the approximate area;
(b) the compensation which in his opinion should be allowed for the said land in accordance with the directions contained in sections 60 and 61; and
(c) the apportionment of the said compensation among all persons known or believed to be interested in the land of whose claims he has information, whether or no
S.52 PART IV RESUMPTION OF LAND-52. When award of Superintendent to be final.
(1) The award under section 51 shall be filed in the office of the Superintendent and shall, except as hereinafter provided, be final and conclusive evidence as between the Superintendent and the persons interested, whether they have respectively appeared before the Superintendent or not, of the true area and value of the land and the apportionment of the compensation among the persons interested.
(2) The Superintendent shall serve a copy of his award on all persons interested provided that their addresses can be ascertained after reasonable inquiry, when the award is made.
S.53 PART IV RESUMPTION OF LAND-53. Power to take possession.
(1) When the Superintendent has made an award under section 51 he may take possession of the land.
(2) In cases of urgency, whenever the Minister so directs, the Superintendent, though no such award has been made, may, on the expiration of fifteen days from the date of the posting of the notices mentioned in section 49, take possession of any land, needed for any of the purposes specified in section 46. The Superintendent shall offer to the persons interested compensation for the loss of standing crops and fruit or any building. If such offer is not accepted, the value of such crops and fruitor any building shall be allowed for in awarding compensation for the land under the provisions hereinafter contained.
[Mod. Swk. L.N. 68/64; Am. Cap. A95, Am. Cap. A78]
S.54 PART IV RESUMPTION OF LAND-54. Entries to be made in Register.
(1) When the Superintendent has taken possession of alienated land under section 53, the Registrar shall make an entry in the Register in respect of such land declaring that possession has been taken of the whole or, if a part only, the approximate area thereof and, after such entry has been made, shall serve a notice in writing on the person in possession of the document of title relating to such land requiring him to deliver up the same to the Registrar, and such person shall deliver up the issue document of title in accordance with the terms of such notice.
(2) Any person failing to comply with the provisions of a notice served upon him under this section shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
[Am. by A78]
(3) Upon such entry being made as in this section provided, the whole of the land or part thereof, as the case may be, shall vest in the Government.
(4) Th
S.55 PART IV RESUMPTION OF LAND-55. Adjustment of compensation.
(1) Wherenever, on final survey of the land, a difference is found to exist between the area as surveyed and the area as found by the Superintendent under section 51, such difference shall be valued at the same rate as that at which the land has been valued for compensation in the final award, and the amount so arrived at with interest at six per cent per year from the date at which possession was taken or compensation paid shall, as the case may be, be either paid by the Superintendent or refunded by the person to whom compensation has been paid:
Provided that, where the difference found to exist on final survey does not exceed or fall short of the area, as found by the Superintendent under section 51, by more than one per cent, there shall be no further payment or refund under this section.
(2) Every refund due under this section shall be an arrear and shall be recoverable in the manner prescribed by la
S.56 PART IV RESUMPTION OF LAND-56. Reference to Court.
(1) Any person interested who has not accepted the award may, by written application to the Superintendent and on payment of the prescribed fee, require that the matter be referred by the Superintendent for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested or the acceptance or rejection of any claims to any rights in the land or any part thereof resumed by the Government under this Part.
(2) The application shall state the grounds on which objection to the award is taken.
(3) Every such application shall be made:
(a) if the person making it was present or represented before the Superintendent at the time when he made his award, within six weeks from the date of the Superintendent's award; and
(b) in other cases, w
S.57 PART IV RESUMPTION OF LAND-57. Superintendent's statement to the Court.
(1) In making the reference the Superintendent shall state for the information of the Court in writing under his hand:
(a) the situation and extent of the land with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to believe to have any interest or right in or have made any claims to such rights in such land and the addresses of such persons;
(c) the amount awarded for damages and paid or tendered under sections 47 and 53, or either of them, and the amount of compensation awarded under section 51;
(d) if the objection to be the amount of the compensation, the grounds on which the amount of compensation was determined; and
(e) the grounds for admitting or rejecting any claims to rights created under section 5,6 or 7 over such land;
(2) To the said statement shall be at
S.58 PART IV RESUMPTION OF LAND-58. Service of notice.
The Court shall thereupon cause a notice, specifying the day on which the Court will proceed to determine the objection and directing their appearance before the Court on that day, to be served on the following persons:
(a) the applicant;
(b) all persons interested in the objection or having made claims to rights over the land except such if any of them as have consented without protest to receive payment of the compensation awarded;
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Superintendent.
S.59 PART IV RESUMPTION OF LAND-59. Appointment of assessors.
(1) The Court shall appoint two persons for the purpose of aiding the Court in determining the objection. Every person so appointed shall be legally bound to attend and serve as an assessor unless excused for some reason to be approved by the Court.
(2) If an assessors dies or becomes incapable of acting or is excused by the Court, some other person shall be appointed in his stead.
S.60 PART IV RESUMPTION OF LAND-60. Matters to be considered in determining compensation.
(1) In determining the amount of compensation to be awarded for land resumed under this Part the Court shall take into consideration the following matters and no others:
[Am. by Cap. A59]
(a) the market value of the date of the publication of the notification under section 47 or, if no such notification has been published, the market value at the date of the posting of the declaration made under section 48;
(b) any increase in the value of the other land of the person interested likely to accrue from the use to which the land resumed will be put;
(c) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possession of the land, by reason of severing such land from his other land;
(d) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possession
S.61 PART IV RESUMPTION OF LAND-61. Matters be disregard in determining compensation.
In determining the amount of compensation to be awarded for land resumed under this Part, or for the termination of rights lawfully created over such land the Court shall not take into consideration:
(a) the degree of urgency which has led to the resumption;
(b) any disinclination of the person interested to part with the land resumed or any rights lawfully created over the land or any part thereof ;
(c) any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;
(d) any damage which is likely to be caused to the land acquired after the date of the posting of the declaration under section 48 by or in consequence of the use to which it will be put;
(e) any increase in the value of the land resumed likely to accrue from the use to which it will be put when resumed;
(f) any o
S.62 PART IV RESUMPTION OF LAND-62. Rules as to the amount of compensation.
(1) Where the applicant has made a claim to compensation pursuant to any notice under section 49, the amount awarded to him shall not exceed the amount so claimed or be less than the amount awarded by the Superintendent under section 51.
(2) Where the applicant has refused to make such claim or has omitted, without sufficient reason to be allowed by the Court, to make such claim, the amount awarded by the Court may be less than, and shall in no case exceed, the amount awarded by the Superintendent.
(3) Where the applicant has omitted, for a sufficient reason to be allowed by the Court, to make such claim, the amount awarded to him by the Court may be less than or may exceed the amount awarded by the Superintendent.
(4) The provisions of this section and sections 60 and 61 shall be read and explained to the assessors by the Court before they give their opinions as to the amount of compensation to be awarded.
S.63 PART IV RESUMPTION OF LAND-63. Assessor's opinion to be recorded.
The opinion of each assessor shall be given orally and shall be recorded in writing by the Court.
S.64 PART IV RESUMPTION OF LAND-64. Difference of opinion.
In a case of a difference of opinion between the Court and the assessors, or either of them, the opinion of the Court shall prevail.
S.65 PART IV RESUMPTION OF LAND-65. Assessor's fees.
(1) Every assessor shall be paid a fee, not exceeding one hundred ringgit a day or any part thereof for his attendance in Court.
(2) Such fee shall be paid by both the applicant and the Superintendent or any other party named as respondent to the reference. The Court shall direct the parties as to the manner in which such fees shall be paid.
(3) The Court may at any time order any party to deposit such amount in Court, as the Court shall determine, as security for payment of the fees of the assessors.
(4) Any fees paid to the assessors under this section shall be deemed to be costs of the proceedings and shall be dealt with by the Court when making the award in accordance with section 67(2).
[Subs. by A78]
S.66 PART IV RESUMPTION OF LAND-66. Award to be in writing.
Every award made under this Part shall specify the amount awarded under section 60(1) (a) , the amount, if any, deducted under paragraph (b) and the amounts, if any, respectively awarded under paragraphs (c) , (d) , (e) and (f) of the same subsection, together with the grounds of awarding or deducting the said amounts.
S.67 PART IV RESUMPTION OF LAND-67. Costs.
(1) (a) When the amount awarded does not exceed the sums awarded by the Superintendent, the costs of all proceedings under this Part shall be paid by the applicant.
(b) When the amount awarded exceeds the sum awarded by the Superintendent the costs shall ordinarily be paid by the Superintendent but, if the Court is of the opinion that the claim of the applicant was so excessive or that he was so negligent in putting his case before the Superintendent that some deduction from his costs should be made or that he should pay a part of the Superintendent's costs, the Court may at its discretion make such order as to costs as it may think fit.
(c) If the claim of the applicant exceeds by twenty per cent or more the amount awarded, he shall not be entitled to his costs.
(d) The fee payable under section 56(1) shall be refunded if the Court awards a sum exceeding the sum awarded b
S.68 PART IV RESUMPTION OF LAND-68. Appeal to the Court of Appeal.
(1) When the amount of compensation awarded or claimed is not less than fifty thousand ringgit, the Superintendent or any person interested may appeal from the decision of the Court to the Court of Appeal. No appeal shall lie from the decision of the Court in any other case:
Provided that the Court may reserve any question of law arising therein for the decision and directions of the Court of Appeal.
(2) Every appeal under this section shall be presented within the time and in the manner provided for appeals in civil matters to the Court of Appeal.
[Am. by Fed. Act 7/64; Cap. A68]
S.69 PART IV RESUMPTION OF LAND-69. Payment of interest on excess compensation.
If the sum which in the opinion of the Court the Superintendent ought to have awarded as compensation is in excess of the sum which the Superintendent did award as compensation, the award of the Court may direct that the Superintendent shall pay interest on such excess at the rate of four per cent per year from the date on which he took possession of the land to the date of payment of such excess to the Court or to the person interested.
S.70 PART IV RESUMPTION OF LAND-70. Application of Courts of Judicature Act, 1964.
(1) Save in so far as they may be inconsistent with anything contained in this Part, the Courts of Judicature Act, 1964 [Act 91] shall apply to all proceedings before the Court and the Court of Appeal under this Part.
[Am. by Fed. Act 7/64; Reprint Commissioner; Act 91; Cap. A68]
(2) The costs, if any, payable by the applicant may be recovered as if they were costs incurred in a civil suit and as if the award were the decree therein.
S.71 PART IV RESUMPTION OF LAND-71. Payment of compensation or deposit thereof in Court.
(1) On making an award under section 51, the Superintendent shall make a written offer of the compensation awarded by him to the persons lawfully entitled thereto, according to the award, and shall pay it to them unless prevented by one or more of the contingencies mentioned in subsection (2).
(2) If they do not consent to receive it, or if there be no person competent to transfer the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Superintendent shall deposit the amount of the compensation in Court:
Provided that :
(a) any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount;
(b) no person who has received the amount otherwise than under protect shall be entitled to make any application under section 56; and
(c) nothing herein containe
S.72 PART IV RESUMPTION OF LAND-72. Payment of interest.
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Superintendent shall pay the amount awarded with interest thereon at the rate of four per cent per year from the time of so taking possession until it has been so paid or deposited.
S.73 PART IV RESUMPTION OF LAND-73. Temporary occupation of waste or arable land.
(1) Whenever it appears to the Minister that temporary occupation and use of any waste or arable land are needed for any of the purposes specified in section 46, he may direct the Superintendent to procure the occupation and use of the same for such term as he shall think fit, not exceeding three years from the commencement of such occupation.
[Am. by A78]
(2) The Superintendent shall thereupon give notice in writing to the persons interested in such land of the purposes for which the same is needed and shall, for the occupation and use thereof for such terms as specified in subsections (1) and for the materials, if any, to be taken therefrom, pay to them such compensation, either in a gross sum of money or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
(3) In case the Superintendent and the persons interested difter as to the suf
S.74 PART IV RESUMPTION OF LAND-74. Power to enter and take possession.
(1) On payment of such compensation, or on executing such agreement, or on making a reference under section 73, the Superintendent may enter upon and take possession of the land and use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the terms, the Superintendent shall make or tender to the persons interested compensation for the damage, if any, done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein.
(3) If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term and if the persons interested shall so require, the Government shall acquire the land and shall pay therefor such a sum as would have been paid by way of compensation if the land had been resumed permanently for any of the purposes specified in section 46 and, in assessing the same,
S.75 PART IV RESUMPTION OF LAND-75. Dispute as to condition of land.
If the Superintendent and the persons interested differ as to the condition of the land at the expiration of the term, or as to the compensation mentioned in section 74(2), or as to any matter connected with the said agreement, the Superintendent shall refer such difference to the decision of the Court.
S.76 PART IV RESUMPTION OF LAND-76. Service of notice.
(1) Service of any notice under this Part shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 47, by the officer therein mentioned and, in any case of any other notice, by or by order of the Superintendent or the Court.
(2) Whenever practicable the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the Superintendent and also on some conspicuous part of the land to be resumed:
Provided that, if the Superintendent or the Court so directs, the notice may be sent by regis
S.77 PART IV RESUMPTION OF LAND-77. Obstructing survey, etc.
Whoever wilfully obstructs any person in doing any of the acts authorized by section 47(1) or section 49(1) or wilfully fills up, destroys, damages or displaces any trench or mark made under section 47(1) shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
[Am. by A78]
S.78 PART IV RESUMPTION OF LAND-78. Police to enforce surrender.
If the Superintendent is opposed or impeded in taking possession under this Part of any land, he shall apply to the Commissioner of Police who shall enforce the surrender of the land to the Superintendent.
[Am. by Cap. A29]
S.79 PART IV RESUMPTION OF LAND-79. Government not bound to complete acquisition.
*(1) Except in the case provided for in section 74, the Minister+ shall be at liberty to withdraw from the resumption of any land on which possession has not been taken.
(2) Whenever the +Minister withdraws from any such resumption, the Superintendent shall determine the amount of compensation due for the damage, if any, done to such land under section 47(1) and section 49(1) and not already paid for under section 47(2), and shall pay such amount to the person injured, and shall pay to the persons interested all such cost as shall have been incurred by them by reason or in consequence of the proceedings for resumption together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings.
(3) Any dispute as to the amount of compensation payable under this section shall be referred to the Court, and the provisions of this Part shall apply accordingly with such modifications a
S.80 PART IV RESUMPTION OF LAND-80. Exemption from stamp duty and fee.
No award or agreement made under this Part shall be chargeable with stamp duty and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
S.81 PART IV RESUMPTION OF LAND-81. Bar of suits to set aside awards.
No suit shall be brought to set aside an award or apportionment under this Part.
S.82 PART IV RESUMPTION OF LAND-82. Extinction of native customary rights.
This Part shall not apply for the purpose of extinguishing any native customary rights.
[Am. Ord. No. 2/74]
S.83 PART IV RESUMPTION OF LAND-83. Interpretation of this Part.
For the purpose of this Part:
(a) a person shall not, in relation to the Government or an officer of the Government, be deemed to be interested in any land being resumed or occupied under this Part, or entered upon under any of its provisions, unless such person either has an interest which is protected under section 132, although it is not registered, or has an interest which is protected by registration under Part VII; but nothing in this definition shall be deemed to preclude the Court, in from giving effect to any right or equity which a person may have against a person receiving or entitled to receive compensation under this Part; and
(b) "Court" means the High Court.
S.84 PART V SETTLEMENT GENERAL-84. Settlement Notification.
(1) Whenever it appears to the Director that in any area there may be doubt or uncertainly as to whether the existing documents of title properly define the rights and interests of those entitled or the boundaries of the land included therein, or where it appears likely that rights of ownership have been acquired by natives by the exercise of their customary rights, or whenever for any other reason he is of the opinion that it is expedient to affect a settlement of rights, he may publish in the Gazette a Settlement Notification in accordance with subsection (2).
(2) The Settlement Notification shall state the situation and limits of the area, hereinafter called "the settlement area", within which the settlement of rights to land and registration thereof shall be effected and shall declare that, after a period to be defined in the Settlement Notification, the demarcation of parcels and presentation of claims may begin in any bloc
S.85 PART V SETTLEMENT GENERAL-85. Notice by Settlement Officer.
(1) The Settlement Officer shall cause a preliminary notice of the intended survey, settlement and registration of rights in any block within the settlement area to be published at the office of the District Officer and at convenient places in the neighbourhood of such block.
(2) The notice shall be published not less than thirty days before any exercise by the Settlement Office of the powers conferred upon him by section 88 and shall contain:
(a) directions as to the clearance of boundaries and the presentation of documents of title in support of claims;
(b) notice of the consequence of failure to present claims in due time; and
(c) such instructions as the Settlement Officer may think fit for obtaining assistance and information in respect of native customary rights.
S.86 PART V SETTLEMENT GENERAL-86. Staying actions after publication of any notification.
(1) No proceedings concerning rights to land in any block within the area for which a Settlement Notification has been published shall be commenced in any court.
(2) Any proceedings commenced before the notification in published may be continued, and the Settlement Officer may delay dealing with the rights in the land concerned until such proceedings have been finally determined. Any such proceedings may, by leave of the court, be withdrawn upon such terms as the court may, in all the circumstances, consider equitable.
S.87 PART V SETTLEMENT GENERAL-87. Notice of progress to be published.
Before and during the course of the settlement, the Settlement Officer shall publish from time to time notices stating the order in which he intends to proceed. The notices shall be published in the District Office and at convenient places within the settlement area.
S.88 PART V SETTLEMENT GENERAL-88. General powers of Settlement Officer.
Subject to this Code, the Settlement Officer, in execution of his duties, may:
(a) publish notices ordering the attendance at any time and place of claimants to land in the settlement area;
(b) order any claimant to cut the boundaries of the land claimed by him before such date as he may direct; and in default of compliance, may cause such boundaries to be cut at the expense of such person;
(c) issue notices or orders requiring the attendance of any person or the production of any documents that he may deem necessary for carrying out the settlement, and may administer oaths in any inquiry made for the purpose of the settlement;
(d) dispense with the attendance of any person or the production of any document;
(e) make a copy of any document produced, and endorsed or stamp such document with some writing to show that it has been produced to him;
<S.89 SETTLEMENT OF ALIENATED LAND-89. Scheduled of alienated land.
(1) If any parcels of lawfully alienated land are situated within the limits of the settlement area, the Settlement Officer shall, after an examination of registers, counterparts or issue documents of title, instrument, survey plans and maps and other evidence, draw up a Schedule of Alienated Land which shall be in Form D in the First Schedule and shall show in respect of alienated land in the block:
(a) the name of the district in which the land is situate;
(b) the name and number of the block;
(c) the reference numbers of all parcels in the block;
(d) the area of each parcel;
(e) the name and address of the proprietor of each parcel or of each proprietor, if there are more proprietors than one;
(f) where there are more proprietors than one of any parcel, the share held by each proprietor;
(g) the nature of the tit
S.90 SETTLEMENT OF ALIENATED LAND-90. Publication of Schedules of Alienated Land.
(1) Every Schedule of Alienated Land together with the appropriate survey plans shall be open to public inspection during the normal Land Registry officer hours of business for a period of three calendar months at the office of the Superintendent of the division, in which the land, the subject matter of the Schedule, is situate, and copies of the Schedules shall be posted at the office of the District Officer in whose district the land is situate and at some convenient place in the neighbourhood of the land, the subject matter of the Schedule.
(2) A notice to the effect that the Schedule of Alienated Land has been prepared and stating the places and times at which it can be inspected shall be published in the Gazette and in such other publications as may effect the widest possible publicity, not less than fourteen days before the date on which the Schedules are first open to public inspection.
S.91 SETTLEMENT OF ALIENATED LAND-91. Amendments to Schedule of Alienated Land.
(1) Every person possessing any claim to a right, title, share or interest requiring and capable of registration under the this Code, which has not been entered into the Schedule of Alienated Land, shall present such claim to the Settlement Officer during the period when such Schedule is open to public inspection.
(2) The Settlement Officer shall publicly investigate all claims presented in accordance with subsection (1) and shall have power to make a decision thereon or may, in the case of conflicting claims, permit the parties to refer the determination of the same to arbitration under the Arbitration Act 2005 [Act 646] .
S.92 SETTLEMENT OF ALIENATED LAND-92. Entries in Register, etc.
(1) On expiry of the period of three calendar months during which the Schedule of Alienated Land is open to public inspection, the Registrar shall enter in the Register all necessary particulars of each parcel specified in the Schedule of Alienated Land, other than any parcel the subject matter of any dispute which has not been finally decided.
(2) Where the particulars relating to any parcel of land have not been entered in the Register by virtue of the fact that a dispute in respect thereof has not been finally decided, the Registrar shall, as soon as the matter in dispute has been finally decided, make the necessary entries relating to the title of such parcel in the Register in accordance with the terms of such decision, and subsection (1) shall then apply to such title.
(3) If the Settlement Officer considers that the document of title relating to any parcel of land, in respect of which particulars have been entered in the Reg
S.93 SETTLEMENT OF STATE LANDS-93. Presentation of claims to State land.
(1) All claimants to State land in the block shall appear at such time and such place as the Settlement Officer, by notice under section 88, direct.
(2) Claimants may appear in person, or by advocate, or by any representative approved by the Settlement Officer and shall produce to the Settlement Officer all documents held by them, or under their control, affecting the State land which they claim. A claimant who fails to appear may submit to the Settlement Officer a statement of his claim in writing.
S.94 SETTLEMENT OF STATE LANDS-94. Investigation of claims to State land.
(1) The Settlement Officer shall investigate publicy all claims to State land, whether based upon documentary evidence, native customary tenure or otherwise, and shall have power to determine in whose favour the rights to such land shall be shown in the Settlement Order made under section 95 or may, in the case of conflicting claims, permit the parties to refer the determination of the same to arbitration under the Arbitration Act 2005. [Act 646] .
(2) In the case of native customary rights, the Settlement Officer may provide for the termination thereof by the payment of compensation or shall show the same in the Settlement Order and, if the rights are such as would enable a lease to be issued to the persons entitled, shall enter also all the particulars to enable a lease to be issued:
Provided that, if the Settlement Officer provides for the extinguishment of any native customary rights under this section an
S.95 SETTLEMENT OF STATE LANDS-95. Settlement Order.
(1) After full investigation and final determination of all claims, the Settlement Officer shall make a Settlement Order which shall be in Form E in the First Schedule and shall contain any other particulars which may be prescribed by rules made under section 213.
(2) Every Settlement Order shall be published in the Gazette , and copies thereof shall, at the same time and for a period of one month thereafter, be exhibited at the office of the Superintendent in whose division, and at the office of the District Officer in whose district, the land is situate and at any other place which may be prescribed.
(3) After the publication of the Settlement Order, the Settlement Officer may by notice in the Gazette , with copies exhibited in the same manner as in the case of the Settlement Order, correct any clerical errors and make any clerical amendments or additions to the Settlement Order, as may be necessary to give ef
S.96 SETTLEMENT OF STATE LANDS-96. Registration of new grant or lease in respect of land specified in Settlement Order.
(1) A new folio in the Register prescribed by section 112 shall be prepared for each parcel of land shown in the Settlement Order and a grant or lease, as the case may be, for each such parcel, in respect of which the Settlement Order specifies some person as the proprietor of such parcel, shall be prepared by the Superintendent and registered in accordance with section 112, and any such grant or lease shall be for such tenure and upon such conditions as may be prescribed by this Code.
[Am. by Ord. No 2/74]
(2) [Deleted by Ord. No 2/74] .
S.97 MISCELLANEOUS-97. Representation of absentees, minors, persons under disability and others and also of members of a class.
(1) Subject to any general or special direction of the Minister, the Settlement Officer shall, after consultation with:
(a) any local authority having jurisdiction over any part of the settlement area; and
(b) the Probate Officer,
appoint a committee of suitable persons to advise him on any relevant system of customary law, to represent the interests of absent persons, minors, and persons under disability and to bring to the attention of the Settlement Officer any claims which may not for any reason have been presented.
(2) The appointment of a committee under subsection (1) shall not without further order give such committee the right to appear before the Settlement Officer or upon any appeal, but the Settlement Officer shall take into consideration any representations made by such committee and the Settlement Officer or any court to which appeal lies may, if satisfied t
S.98 MISCELLANEOUS-98. Exclusion of areas from Settlement Area for Native Communal Reserves.
(1) After consultation with the committee appointed in accordance with section 97(1) the Settlement Officer may exclude from the provisions of this Part any area which is subject to, or likely to become subject to, section 6, and he shall forthwith submit a report on the area to the Director for submission to the Minister.
[Modified by Swk. L.N. 68 of 1964.]
(2) Provided that, if the part of such area to which the declaration under subsection (1) relates is comprised in a block in respect of which a notice under section 85 relates, the Settlement Officer shall:
(a) amend such last mentioned notice accordingly; and
(b) take all reasonable steps to inform any persons whose attendance he may have required under section 88 in connection with such part and such other persons, if any, who may have presented claims in connection with such part.
S.99 MISCELLANEOUS-99. Government rights to unclaimed land.
All land in any settlement area to which rights are not established by any claimant and registered in accordance with section 112, other than land in in respect of which a dispute has not been finally decided shall belong absolutely to the Government and shall be entered as such in the Register.
S.100 MISCELLANEOUS-100. Restriction on dealing pending settlement.
(1) After publication of any notice under section 85, no dealing affecting the title to any land in the block affected by such notice, whether such dealing purports to be a disposition affecting the whole or part of the land in the title or an undivided share therein, shall be accepted for registration until after the posting of the Schedule of Alienated Land provided for in section 90(1) and the expiry of the period within which an appeal may be made under section 102 or, if such an appeal is made, until such is disposed of pursuant to the said section:
Provided that any such dealing may be produced to and accepted by the Settlement Officer and duly taken into consideration by him in drawing up the Schedule of Alienated Land.
(2) Nothing in subsection (1) shall be so interpreted as to allow registration after the date of the posting of the Schedule of Alienated Land, or the extended time referred to in t
S.101 MISCELLANEOUS-101. No claim to compensation on account of failure to locate parcel in existing Registers.
No claim to compensation shall lie, and no action shall be maintainable against the Government:
(a) on account of any failure during the settlement to locate a parcel to which the record in any existing Registers, or any existing title deed, or the judgement of any court relates.
(b) on account of any failure to establish any right to land which purports to be based on any record in an existing Register or an existing title deed; or
(c) on account of any error in the establishment of any boundaries in the partition of any land or in the statement of any area.
S.102 MISCELLANEOUS-102. Appeal from a decision of Settlement Officer or of the Superintendent under section 18.
(1) Any person aggrieved by any act or decision of the Settlement Officer, or by any decision of the Superintendent to exercise or refrain from exercising the power conferred by section 18, may, notwithstanding anything to the contrary in section 7 of the Subordinate Courts Ordinance [Act 92] contained, appeal to the court of a Magistrate of the First Class by a petition in writing made within three months from the date of the publication in the Gazette of the Settlement Order containing the decision which is the subject of appeal or, in the case of a decision arising out of a claim investigated by the Settlement Officer in accordance with section 91(2), within three months from the date on which a copy of such decision was served on the person so aggrieved, and, for the purpose of any further appeal, any such decision made by a Settlement Officer or the Superintendent as is mentioned in this section shall be deemed to have been made in civil pr
S.103 MISCELLANEOUS-103. No appeal after period prescribed.
After the expiration of the period prescribed, not appeal shall lie from any decision recorded in the Settlement Order, except as provided for in section 203, and neither the Schedule of Alienated Land nor the Settlement Order shall be open to the inspection of any person, whether entitled to an interest in the land or not, without the express permission of the Superintendent.
S.104 PART VI SURVEY-104. General powers.
Any Surveyor or Settlement Officer or any fit and proper person authorized in writing in that behalf by a Superintendent may, at any reasonable time, enter upon all lands which he is required to mark out or survey, and upon any neighbouring land, and may make all inquiries, and may affix or set up and boundary mark in or upon such land, and dig up any ground for the purpose of so doing, and may cut down and remove any timber or other growth which may obstruct any survey line or any boundary:
Provided always that as little damage as possible shall be done to the land or to any property thereon.
[Am. Cap. 40/2001]
S.105 PART VI SURVEY-105. Note to secure attendance.
(1) Any Surveyor or Settlement Officer may cause a notice to be served on any person owning, occupying, applying for or otherwise interested in any such land and any land abutting thereon, or on any person employed on or connected with such land, requiring such person to attend before him at a time and place to be stated in the notice for the purpose of pointing out the boundaries of such land, or of rendering aid in placing or repairing the boundary marks, or of affording assistance or information for the purpose of marking out or survey.
(2) Every person upon whom such notice may be served shall be legally bound to attend as required by the notice, and to do, so far as he may be able, any of the things mentioned therein. A contravention of this section shall constitute an offence: Penalty, a fine of two hundred ringgit.
S.106 PART VI SURVEY-106. Clearing boundary lines.
(1) Any Surveyor or Settlement Officer may cause a notice to be served on any proprietor or occupier of, or applicant for, such land requiring him to clear any boundary line, or to cut any line which may be necessary for the purposes of marking out or survey, or to provide labour or otherwise assist in such work.
(2) Every proprietor, occupier or applicant upon whom such notice may be served shall be legally bound to comply with the requirements thereof.
(3) If any proprietor, occupier or applicant fails to comply with the requirements of such notice he shall be guilty of an offence: Penalty, a fine of one hundred ringgit, any such officer may hire labour for the purposes specified in the notice, and the Superintendent may, in the proceeding before the Magistrate taking cognizance of the offence recover the cost of such labour from such proprietor, occupier or applicant.
S.107 PART VI SURVEY-107. Compensation for injury done by clearance.
(1) If it is necessary to remove or destroy any trees, fences, crops or other property of value in order to clear any line, the Surveyor or Settlement Officer shall assess the value of the same and shall pay or tender the amount so assessed to the proprietor thereof:
Provided that the assessment shall be made before the property is removed or destroyed.
(2) Any dispute regarding the sufficiency of the amount so paid or tendered shall, unless the proprietor requires that it be referred to arbitration, be determined by the Superintendent whose decision shall be final.
S.108 PART VI SURVEY-108. Boundary marks to be set up.
Any Surveyor or Settlement Officer may, after making due inquiry, mark out the boundaries of such land, and may, unless sufficient permanent marks of a suitable description have already been set up, cause the same to be affixed or set up in such manner and number as he may consider sufficient, and the Superintendent may recover the cost thereof from the proprietor or applicant.
S.109 PART VI SURVEY-109. Power to re-erect and repair boundary marks.
Whenever a Superintendent becomes aware that any boundary mark in his district has been injured, destroyed, removed or not properly maintained he may cause the same to be replaced or repaired, and may recover the expenses of so doing from the person who is bound to preserve such mark.
S.110 PART VI SURVEY-110. Removal of or interference with survey and boundary marks.
No land mark, boundary mark, trigonometrical station or other survey mark shall be defaced, obliterated, moved, injured or otherwise impaired, destroyed or rendered useless, except by a person duly authorized thereto by the officer having control of such station or mark, and any person acting in contravention of this section shall be guilty of an offence: Penalty, imprisonment for six months and a fine of one thousand ringgit, and the offender may further be ordered to pay the costs of repairing or replacing such station or mark and of making any survey rendered necessary by the act for which such conviction was had, the amount to be recovered by the process provided for the recovery of fines. Should any person have occasion to require the temporary or permanent removal or alteration of any such station or mark, he may make an application in writing to that effect to the Superintendent, setting forth the reasons for such application, whereupon t
S.111 PART VI SURVEY-111. Recovery of cost.
Whenever it is provided in this Part that the Superintendent may recover the cost or the expenses of doing any act or thing, the same may, if not paid on demand, be sued for by the Superintendent by summons returnable before any Magistrate having jurisdiction over the recovery of debts.
S.112 PART VII REGISTRATION-112. Register.
(1) Every Registrar shall keep a Register in such form as may be prescribed and shall record therein particulars of all instruments, dealings and other matters required to be registered or entered on the
(2) Any existing Land Register under the former Land Ordinance [Cap. 27 1948 Edition] or the former Land Settlement Ordinance [Cap. 28 1948 Edition] , hereinafter referred to as "a previous register', shall notwithstanding any difference in form, be deemed to form part of the Register, and any instruments or other dealings affecting land in either of these registers may be registered in accordance with this Code.
(3) Notwithstanding subsection (2), upon the expiration of the term of a lease, Occupation Ticket or other document of title now registered in any previous register or upon the replacement of such a lease, Occupation Ticket, or document of title by a new lease or leases, whether upon a subdivision or ot
S.113 PART VII REGISTRATION-113. When instruments deemed to be registered.
Every grant and lease of State land and every instrument or other dealing affecting land under this Code shall be deemed to be registered under the provisions and for the purposes of this Code as soon as particulars regarding the same, together with the name of the person entitled to the interest therein, have been entered on the Register and the entry signed by the Registrar:
Provided that any grant, lease or provisional lease of State land shall also be deemed to be registered as soon as one part of such grant or lease, duly completed is permanently annexed to, or forms party of, the Register.
S.114 PART VII REGISTRATION-114. Provision for counterparts.
(1) Whenever there is no duplicate of any instrument tendered for registration, the Registrar shall retain and file such instrument.
(2) If, upon application for registration, any instrument tendered for registration has been executed in duplicate or in more parts, the Registrar shall, after retaining and filing one such part and upon payment of the prescribed fee, affix his signature to such other parts as have been executed:
Provided that nothing in this subsection contained shall be construed as imposing any obligation on the Registrar to affix his signature on more parts than there are parties to the grant, lease or other instrument excluding the part retained and filed by him in pursuance of this subsection.
(3) Nothing in this section shall preclude the Registrar in his discretion, in any particular case or class of case, from making an additional copy of a lease of State land or other dealin
S.115 PART VII REGISTRATION-115. Registered proprietor.
The person named in any grant, lease or other instrument registered in accordance with section 113 as entitled to or taking any estate or interest shall be deemed to be the registered proprietor thereof.
S.116 PART VII REGISTRATION-116. Priority of registration.
(1) Every instrument shall be registered in the order of time in which it is presented for registration and, in the case of an instrument drawn up, at the request of the parties concerned, by the Registrar or any other officer in accordance with rules prescribed for the purpose, it shall be deemed to have been presented for registration when it has been signed by the parties, all fees and duties have been paid and all other matters have been completed by them to enable the registration to be effected.
(2) In the case of instruments received by post, whether these have been prepared by a Government officer or not, they shall be deemed to have been presented for registration at the time the office closed for business on the day they were received properly drawn and attested and with all necessary matters relating thereto duly completed.
(3) Instruments registered with respect to or affecting the same estate or interest shall, notwith
S.117 PART VII REGISTRATION-117. Issue document of title.
(1) The expression "issue document of title" does not include a document of title other than a document of title issue by the Government to a person holding directly from the Government by way of grant, lease, Occupation Ticket or other similar disposition for a term of years and, subject as aforesaid, means:
(a) in the case of any document of titled issued under the provisions of:
(i) this Code;
(ii) the former Land Ordinance [Cap. 27,(1948 Ed.)]; or
(iii) any Order of the Rajah affecting land,
that part which pursuant to those provisions is or has been issued to the person entitled thereto;
(b) in the case of a grant or lease under the former Land Settlement Ordinance [Cap. 28 1948 Edition] , subject as hereinafter provided, the photostat copy thereof issued to the person entitled to such grant or lease; or
(c) in an
S.118(2) PART VII REGISTRATION-118(2). Particulars to be endorsed on issue document of title.
Whenever particulars regarding any instrument have been entered on the Register, the Registrar shall except in the case of a transfer or other dealing endorsed on a sublease or on a charge, record the like particulars on the corresponding issue document of title unless the Registrar, as provided by section 123, dispensed with the production of the same.
S.118(1) PART VII REGISTRATION-118(1). Production to Registrar of issue document of title upon registration.
In the event of any transfer, charge, sub-lease or other dealing affecting land comprised in a document of title, the issue document of title shall, unless the Registrar dispenses with the same as provided by section 123, be produced to the Registrar upon registration of such transfer, charge, sub-lease or other dealing.
S.119 PART VII REGISTRATION-119. Instrument not effectual until entry in Register.
(1) No instrument shall be effectual to pass any land or any interest therein, or render any land liable as security for the payment of money until it has been registered in accordance with this Part.
(2) No court of competent jurisdiction shall recognise, assist, enforce or protect, as against a registered proprietor or a person claiming through or under a registered proprietor, any claim to the possession, enjoyment or occupation of any land, or any interest affecting land, which is founded upon or arises from any instrument which by reason of subsection (1) is not effectual:
Provided that nothing in this subsection shall operate to defeat a claim to damages or for specific performance founded upon, or arising from, such an instrument.
(3) An instrument which, by virtue of this section, is ineffectual shall be treated as ineffectual by every court of competent jurisdiction until it has been regis
S.120 PART VII REGISTRATION-120. Informal instruments not to be registered.
No Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Code, except in the manner herein provided, nor unless that instrument is in accordance with the provisions hereof.
S.121 PART VII REGISTRATION-121. Register to be open for search.
Any person may, upon payment of the prescribed fee and subject to the provisions of any rules that may be made in that behalf, have access to the Register for the purpose of inspection during the hours that the office is open for business.
S.122 PART VII REGISTRATION-122. Arrears of rent, fees, etc., to be paid before registration.
No instrument of transfer, charge or sub-lease of, or of any other nature effected by the lessee relating to, land under this Code shall be registered, unless all arrears of rent and other fees and dues payable to the Government have been paid.
S.123 PART VII REGISTRATION-123. Registrar may dispense with issue document of title or charge.
(1) The Registrar may for reasonable cause dispense with the production of any issue document of title, or any charge, for the purpose of entering the particulars by this Code required to be entered upon the transfer, or other dealing with land, under this Code.
(2) When the production has been dispensed with under subsection (1), the Registrar shall, after giving one month's notice in the Gazette of his intention so to do, notify in the Register that the particulars of the registration have not been entered on the issue document of title or charge, and the registration shall thereupon be as valid and effectual as if the particulars had been so entered.
S.124 PART VII REGISTRATION-124. Registration in name of deceased person.
(1) The death of any person, either before or after the presentation of any instrument executed by him, shall not prevent the registration of such instrument, but such instrument may be registered and shall be valid, notwithstanding such death.
(2) A lease or grant of State land, a transfer, charge or any other instrument may be registered notwithstanding that the person acquiring the interest therein has previously died, and the interest thereby acquired shall devolve in like manner as if the instrument had been registered immediately prior to the death.
S.125 PART VII REGISTRATION-125. Stamp duty to be paid before registration.
No Registrar shall register any instrument liable to stamp duty unless the full amount of stamp duty payable thereon has been duly paid, but no registration shall be invalidated by reason of any error in this respect.
S.126 PART VII REGISTRATION-126. Instruments requiring correction.
(1) The Registrar may refuse to complete or proceed with the registration of any instrument, or to do any act to make any entry in relation thereto, if he is of the opinion that, because of some defect or error therein or because of an omission to furnish certain documents or for any other reason, it is not capable of registration.
(2) Notice of such refusal shall be given to the person who presented the instrument for registration, or to the person entitled thereunder, requiring him to correct the error or do such other things as may be necessary to make the instrument capable of registration. In the event of such person omitting, for a period of one month after the date of such notice, to comply with the requirements thereof, the Registrar may deliver the instrument to the person who presented it for registration, or send it by registered letter through the post to such person or to the person entitled thereunder, and thereupon all fees
S.127 PART VII REGISTRATION-127. Certified copies.
Upon payment of the prescribed fee, the Registrar shall furnish to any person applying for the same a certified copy of any registered instrument, and every such certified copy signed by him and sealed with his seal shall be received in evidence for all purposes for which the original instrument might be put in evidence.
S.128 PART VII REGISTRATION-128. The issue of new document of title in case of loss of original.
(1) In the event of any issue document of title being lost, mislaid or wholly or partly destroyed, the registered proprietor, together with other persons, if any, having knowledge of the circumstances, may make a statutory declaration as to the facts giving the names and descriptions of the registered proprietors and particulars of all charges or other dealings affecting the land and the title thereto.
(2) The Registrar, if satisfied as to the truth of the declaration, may issue a new issue document of title which shall be an exact copy of the original document of title, or contain the same particulars, and shall also give particulars of every registered charge or other dealing that affects the land and the title thereto.
(3) The Registrar shall at the same time enter in the Register notice of the issuing of the new issue document of title, and the date thereof, and the circumstances under which it was issued.
(4) The Regist
S.129 PART VII REGISTRATION-129. Co-proprietorship.
(1) Except in the case of any land held by trustees, when land is held by co-proprietors they shall be entitled to the land in undivided shares equally, or in such other proportion as may be registered, and, subject as hereinafter provided, any one of them may claim to have a partition of the land made.
Provided that no partition shall be effected except in accordance with Part X and subject to such terms and conditions as may be imposed by the State Planning Authority.
[Am. by Cap. A50]
(2) No such partition of land subject to a charge or sub-lease shall be made unless the chargee or sub-lessee, as the case may be, shall in writing delivered to the Registrar have given his consent to such partition.
(3) No such partition of land shall in any case be made unless either the consent of all the co-proprietors has been obtained or the same has been ordered by a competent
S.130 PART VII REGISTRATION-130. Joint tenants.
In the case of any land or any charge, sublease or other interest acquired by two or more persons as trustees, the words "as trustees" may be inserted in the document of title at the time of the issue thereof, or in the instrument whereby the interest is acquired, and an entry to the same effect shall be made in the Register. The persons named therein shall thenceforth hold the land or the interest therein as joint tenants and, subject to any lawful appointment of a new trustee or trustees, with the right of survivorship.
(2) Nothing in this section shall require the Registrar to concern himself with the terms of any trust and, subject to this Code, the land, charge, sub-lease or interest may be dealt with by the registered proprietors as if they were the absolute proprietors.
S.131 PART VII REGISTRATION-131. Title guaranteed to registered proprietor.
No title or right to land included in the Register shall be acquired by possession or user adversely to, or in derogation of, the title of the registered proprietor holding directly from the Government.
S.132 PART VII REGISTRATION-132. Indefeasibility of title.
(1) Subject to this Code, the registered proprietor of any estate or interest in land to which this section applies shall, except in the case of fraud, hold such estate or interest subject to the interests subject to the interests noted on the Register but free from all other interest except:
(a) the estate or interest of a proprietor included in the Register in priority to the title under or through which the first mentioned registered proprietor claims, being an estate or interest to which this section applies;
(b) as regards any portion of land included in the issue document of title by virtue of a wrong description:
Provided that this exception shall not apply if the registered proprietor is a purchaser in good faith and for value of the portion of land affected, or derives title through such a purchaser;
(c) the implied conditions, obligations
S.133 PART VII REGISTRATION-133. Doctrine of notice not to apply.
(1) No person, whether or not he has become registered as the proprietor of any interest, who contracts or deals with, or takes a transfer from, a registered proprietor or with or from a person who is entitled to be registered as proprietor shall, except in the case of fraud, be concerned to ascertain the circumstances under which such proprietor, or any previous proprietor, was registered, or to see to the application of the purchase money, or be affected by notice actual or constructive of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding.
(2) The knowledge that any trust or unregistered interest is in existence shall not of itself be imputed as fraud for the purpose of this section.
S.134 PART VII REGISTRATION-134. Effect of fraud.
(1) Any issue document of title or entry or alteration in the Register procured or made by fraud shall be void as against any person defrauded, or who may be defrauded, thereby, and no person who is a party or privy to the fraud, or who claims solely as a volunteer under such person, shall take any benefit thereform.
(2) Nothing in this Code shall be so construed as to place in doubt the title of any person who is a purchaser in good faith and for value of any interest, and who is registered as the proprietor of such interest, on the ground that the registered proprietor through or under whom he claims was registered as proprietor through fraud or error, whether such fraud or error consisted in a misdescription of the land or otherwise.
S.135 PART VII REGISTRATION-135. No compensation for failure to locate land in old Registers.
In cases where documents of title have been issued under the former Land Ordinance [Cap. 27 1948 Edition] and the entries on the register under that Ordinance have not been cancelled and replaced by new entries in the Register, no claim to compensation shall lie, and no action shall be maintainable, against the Government on account of any failure to locate the parcel of land to which the document of title relates or on account of any error in the marking out or establishment of any boundaries, or in the statement of any area.
S.136 PART VII REGISTRATION-136. Rectification of the Register.
(1) Subject to any rules made under section 213, the Registrar may, upon such evidence as appears to him sufficient, correct errors or omissions in any document of title or other instrument, or in the Register, and may make any entry necessary to supply any such omission, and any errors so corrected or entries so applied shall have the errors so corrected or entries so supplies shall have the like validity and effect as if such error or omission had not been made, except as regards any entry in the Register prior to the actual time of correcting that error or omission.
(2) Where it appears to the satisfaction of the Registrar that:
(a) any document of title or other instrument has been issued in error or contains any mis-description of land or of boundaries;
(b) any document of title, instrument, entry or endorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongful
S.137 TRANSFER-137. Transfer by registered proprietor.
(1) When any land or any estate or interest therein is intended to be transferred, the transferor and transferee shall execute for the purpose of registration a memorandum of transfer in Form G in the First Schedule, which memorandum shall give such description of the land as may be necessary, shall refer to the entry in the Register relating thereto and shall contain a precise statement of the estate or interest intended to be transferred. Every transfer shall be subject to section 31.
(2) A right of way or other easement over or affecting any land may be created by a grant in Form G(1) in the First Schedule modified to suit the circumstances, and may be made appurtenant to other land, but no such right of way or other easement in respect of land subject to a charge shall be binding on the chargee, except so far as he has consented thereto.
[Am. by Cap. A17]
(3) Upon any lawful transfer or part of th
S.138 TRANSFER-138. Where land is subject to a charge.
In every memorandum transferring any land subject to a charge, there shall be implied the following agreement by the tranferee with the transferor and, so long as the transferee shall remain the proprietor, with the chargee, that is to say, that the transferee will pay the principal sum, interest and other moneys secured by such charge at the rate and at the time or times specified in the instrument creating the same, and will indemnify and keep harmless the transferor from and against the principal sum, interest and other moneys secured by such instrument and form and against all liability in respect of any of the agreements therein contained, or by this Code implied, on the part of the transferor.
S.139 TRANSFER-139. Transfer of sublease and charges.
(1) A registered charge or sublease may be transferred by a memorandum of transfer in Form G in the First Schedule.
(2) Upon the registration of any memorandum of transfer of a charge or sublease, the interest of the transferor as set forth in the charge or sublease, with all rights, powers and privileges thereto belonging or appertaining, shall pass to the transferee.
(3) The transferee shall thereupon become subject to, and liable for, the same requirements and liabilities to which the transferor would have been subject and liable if such transfer had not been made; and, by virtue of every such transfer, the right to sue upon the charge or sublease, and to recover any money or damages thereunder, and all interest in any such money or damages, shall be transferred so as to vest the same in the transferee thereof.
S.140 TRANSFER-140. Implied agreement by transferee of sublease.
In every transfer of a sub-lease, there shall be implied the following agreement by the transferee with the transferor, that is to say, that the transferee will henceforth pay the rent by the sublease reserved and perform and observe all the agreement and conditions in the sublease expressed or implied on the part of the sublessee to be performed and observed, and will indemnify and keep harmless the transferor against all actions, claims and expenses in respect of the non-payment of such rent or the breach or non-observance of such agreements or conditions, or any of them.
S.141 TRANSFER-141. Removal of easement.
Where an easement has been determined or extinguished, the Registrar shall, upon proof to his satisfaction of the determination or the extinguishment, make an appropriate entry upon the Register and upon any relevant instrument relating thereto:
Provided that, unless the determination or extinguishment was by effluxion of time or merger, the Registrar before making the entry in the Register shall give notice of his intention so to do to all persons appearing to him to be entitled to any interest under the easement or shall give at least one month's notice of his intention in the Gazette .
S.142 TRANSFER-142. If transfer has been lost or has not been executed.
Any person claiming to be rightfully entitled to any estate or interest in land by reason of the payment by him to the registered proprietor of the full amount agreed upon as purchase money and who has lost or inadvertently destroyed the instrument of transfer before registration thereof, or who has not obtained a registrable instrument of transfer executed by the registered proprietor and who, by reason of the continued absence of the registered proprietor from Sarawak without having appointed an attorney or because the whereabouts of the registered proprietor is unknown and it is not known whether he be alive or dead, is unable to obtain an instrument of transfer from the registered proprietor to replace the instrument that has been lost or destroyed or a registrable instrument of transfer, where one has not already been given, may apply to the High Court for an order declaring him to be entitled to the estate or interest claimed and to be reg
S.143 CHARGES-143. Forms of charges.
(1) Whenever any estate or interest in land is intended to be charged with, or made security for, payment of any money, the registered proprietor and chargee shall execute a memorandum of charge in Form H(1) or H(2) in the First Schedule, which memorandum shall give such description of the land as may be necessary, shall refer to the entry in the Register relating thereto and shall contain a precise statement of the estate or interest intended to be charged. Any such charge may contain such other special conditions as may have been agreed to by the parties, but shall not contain a charge over property other than land or an estate or interest in land.
(2) If the proprietor and the chargee agree that no dealing shall be registered against the land during the period of the charge, the following convenent shall be included in the charge:
"I (We) ................................. registered proprietor(s) and I (We) ........
S.143A CHARGES-143A. Profits and other money secured by any charge where an Islamic bank is the Chargee.
For the purposes of section 144 to 157, "interest " shall be construed to mean, in relation to any charge where any bank licensed under the Islamic Banking Act 1983 [Act 276] is the registered Chargee, the gain, profit or other moneys due thereon in accordance with the terms of the charge.
[Ins. by Cap. A17]
S.144 CHARGES-144. Conditions implied.
In every charge there shall be implied the following covenants and conditions:
(a) that the chargor will pay to the chargee the principal sum mentioned in the charge with the interest thereon in accordance with the provisions of the charge;
(b) that the chargor will, during the continuance of the charge, punctually pay all rates, taxes and charges as and when the same become due in respect of the said land;
(c) that the chargor will maintain and keep in a reasonable state of repair all buildings or other improvements erected or made upon the land and that the chargee may at all reasonable times, until such charge is satisfied, upon giving to the chargor two days previous notice, enter by himself or by his agent into upon such land to view and inspect the state of repair of such buildings or improvement;
(d) that the chargor will, in the case of a charge of country l
S.145 CHARGES-145. Redemption.
(1) A chargor shall be entitled to redeem the land charged, at any time before the same has been actually sold under the power of sale, on payment of all moneys due and owing under the charge at the time of payment.
(2) A chargor shall be entitled to redeem the land charged although the time for redemption appointed in the charge has not arrived, but, in that case, he shall pay to the chargee, in addition to any other moneys then due or owing under the charge, interest on the principal sum secured thereby for the unexpired portion to the term of the charge.
(3) A chargor seeking to redeem after the expiry of the term of the charge, or of any further term for which it has been renewed or extended, shall give to the chargee three clear months' notice in writing of his intention to redeem or shall pay to the chargee three months' interest in lieu thereof:
Provided that there shall be no right to redeem in any case
S.146 CHARGES-146. Alteration of terms of the charge.
(1) In the case of every charge under this Code:
(a) the amount secured by the charge may be increased or reduced;
(b) the rate of interest may be increased or reduced; and
(c) the term or currency of the charge may be shortened, extended or renewed by a memorandum in one of the Forms I,J or K in the First Schedule, as is applicable:
Provided that it shall not be necessary for the chargor to execute a memorandum of reduction, or for the chargee to execute a memorandum of increase, of the amount of the charge.
Provided further that it shall not be necessary for the chargor or chargee to execute a memorandum of reduction or increase of the rate of interest payable under the charge.
[Ins. by Ord. No.5/90]
(2) The memorandum may include all or any of the matters referred to in subsection (1) and
S.147 CHARGES-147. Sub-charges.
(1) The registered holder of a charge may create a sub-charge and this Code as to registered charges shall apply, with the necessary modifications, to registered sub-charges.
(2) A charge subject to a sub-charge shall not be discharged, nor shall the terms thereof be varied, nor shall the chargee exercise any of his rights in the case of default, without the consent in writing of the sub-chargee.
S.148 CHARGES-148. Remedies for default.
(1) If default be made in the payment of the principal sum, interest or other moneys secured by a charge, or in the observance of any agreement, expressed or implied in any charge, the chargee may give to the chargor, his personal representatives or assigns, notice in writing that the chargee will resort to all available remedies unless such default be remedied.
(2) If the chargor fails to comply with the requirements of any notice lawfully given, the chargee shall be at liberty to apply to the High Court:
(a) for an order entitling him to enter into possession and to be registered as proprietor of the charged land;
(b) to receive the rents and profits of the charged land; or
(c) for the sale of the charged land,
and the Court after hearing the evidence may make such order as in the circumstances seems just.
Provided that where a licen
S.149 CHARGES-149. Second or subsequent charges.
The proprietor of land subject to a charge may create a second and subsequent charge and, when such a charge has been registered, this Code shall apply to such second or subsequent charge, but any sale under the power expressed or implied in any such charge shall be expressed to be subject to all prior charges.
S.150 CHARGES-150. Sale by order of court.
(1) Where any competent court orders the sale of any land subject to a charge, it shall notify the Superintendent of its decision and shall serve a notice of the intended sale upon the chargor and upon the registered proprietor of every other estate or interest in the land. It shall also give notice of the intended sale by advertisement in the Gazette and by such other means as it may deem sufficient. The sale shall be by public auction or tender or such other mode of sale as may be directed by the court subject to such conditions of sale as shall be approved by the court. The court shall also fix the date of the sale, which shall be not less than thirty days from the date of the order of sale, and shall authorize such other acts as may be necessary for the conduct of the sale. A reserve price shall be put on the land which shall be approximately equal to its estimated fair market value.
[Am. by Cap. A17]
S.151 CHARGES-151. Application of purchase money.
Purchase money arising from any sale under section 150 shall be applied in the order following:
(a) in payment of any rents, taxes, rates and other fees due to the Government;
(b) in payment of the expenses and costs of, and incidental to, the notices, summonses and sale;
(c) in payment of the moneys which may then be due or owing to the chargee;
(d) in payment of subsequent charges, if any, in order of their priority and the surplus, if any, shall be paid to the chargor.
S.152 CHARGES-152. Procedure if no sale.
When no bid has been made at or above the reserve price, it shall be lawful for the court to adjourn the sale and to order that the land be again put up for auction with the same or with a reduced reserve price:
Provided that, in every case, it shall be the duty of the court to have the time of the sale publicly notified by advertisement and in such other manner as shall be advisable, or as shall be regulated by any rules made under this Code, or by order of the court.
S.153 CHARGES-153. Protection of purchaser.
Any memorandum of transfer executed in accordance with section 150(3), upon a sale shall, in favour of any person claiming by, through or under that memorandum of transfer in good faith and for valuable consideration be conclusive proof that all this Code relating to the sale have been complied with and that all things have happened, and all times have elapsed, to authorize the memorandum of transfer to be made.
[Am. by Cap. A42]
S.154 CHARGES-154. Discharge of charge.
(1) Upon the production of any memorandum, by endorsement on the charge or otherwise signed by the chargee and duly attested, acknowledging receipt of the moneys secured or discharging the land, estate or interest from the whole or part of the principal sum, or discharging any part of the land comprised in the charge from the whole or any part of that principal sum, the Registrar shall make an entry in the Register and on the issue document of title noting that the charge is discharge wholly or partially.
(2) Upon the making of any such entry, the land, estate or interest mentioned or referred to in the memorandum shall cease to be subject to, or liable for, the principal sum or for the part so noted in the entry as discharged. Where the charge is wholly discharged, any caveat included therein shall cease to have any effect.
(3) The duplicate of every charge wholly or partially discharged as aforesaid shall be surrendered to the Re
S.155 CHARGES-155. Repayment when chargee cannot be found.
(1) Where any person entitled to receive, or having received, payment of any money secured by a charge is not in Sarawak, cannot be found or is unknown, or is dead, or it is uncertain who is entitled, the High Court, upon the application of the person entitled to redeem the charged premises, may order the amount of the debt to be ascertained in such manner as the Court thinks fit and may direct the amount so ascertained to be paid into Court or, as the case may be, may by order declare that all moneys secured by the charge have been paid in full.
(2) A certificate by the Registrar of the Court that such payment as is referred to in subsection (1) was directed and has been made, or a copy of the order of the Court declaring that all moneys secured by the charge have been paid in full, shall be registrable and shall, upon registration, operate as a discharge of the land from the charge in the same manner as a memorandum of discharge operate
S.156 CHARGES-156. When an order of Court is made.
Upon the registration of any order made by the Court under section 148(2) (a) , the estate or interest of the chargor shall vest in the chargee subject to any charges which may have priority but freed and discharged from any other estate or interest, and the liability of the chargor for the payment of any principal sum, interest or other moneys secured by the charge shall be discharge, except and to the extent that the order of the Court otherwise decrees.
S.157 CHARGES-157. When chargee becomes purchaser.
Where the chargee becomes the purchaser at a sale conducted under section 150, the amount at which the property was sold, whether that amount is the reserve price at the auction or an amount in excess thereof, shall be treated as the value of the property and, subject to any directions that may be given by the court, that value shall be adopted for the purpose of determining the amount of debt, if any, still owing by the chargor to the chargee after due allowance is made for any moneys owing by the chargor under any prior charges, if any.
S.158 SUB-LEASES-158. Form of sublease.
When any land is intended to be subleased for any term exceeding one year, the proprietor and the sublessee shall execute for the purpose of registration a memorandum of sublease in Form L in the First Schedule, which memorandum shall give such description of the land as may be necessary to identify the same and shall refer to any entry in the Register relating thereto. Any such sublease may also include an agreement by the sublessee that he will insure and keep the property insured against loss or damage by fire and also such other conditions as may have been agreed to by the parties.
S.159 SUB-LEASES-159. Sublease not binding on chargee without consent.
No sublease of charged land shall be binding upon the chargee except so far as he has consented thereto.
S.160 SUB-LEASES-160. Covenant for right to purchase.
A right for, or covenant by, the subleassee to purchase the land may be stipulated in a memorandum of sublease and in case the sublessee pays the purchase money and otherwise observes his covenants expressed or implied in the instrument, the lessor shall be bound to execute a memorandum of transfer and to perform all other necessary acts for the purpose of transferring to the sublessee the land included in the sublease.
S.161 SUB-LEASES-161. Sublease for term not exceeding one year.
Any sublease, or agreement for a sublease, granted for a term not exceeding one year shall be valid without registration, and every registered dealing with the land shall be subject to the rights of a tenant in possession under a prior sublease or agreement for a sublease for a term not exceeding one year:
Provided that no right to purchase the land contained in any sublease, or agreement for a sublease, for a term not exceeding one year shall be valid against any subsequent transferee, sublesse or chargee, unless the memorandum of sublease or agreement be registered or unless a caveat giving notice of such right to purchase be registered.
S.162 SUB-LEASES-162. Agreements implied in subleases.
In every sublease there shall be implied the following agreements by the sublessee:
(a) that he will pay the rent thereby reserved at the time therein mentioned, provided that in case the premises or any part thereof shall at any time during the continuance of the sublease be destroyed or damaged by fire, flood, storm or tempest so as to render the same unfit for the occupation and use of the sublessee, then the rent thereby reserved or a proportionate part thereof according to the nature and extent of the damage shall abate and all or any of the remedies for the recovery of the rent shall be suspended until the premises shall have been rebuilt or made fit for the occupation and use of the sublessee;
(b) that he will at all times during the continuance of the sublease keep and, at the dermination thereof, yield up the premises in good and tenantable repair having regard to their condition at the com
S.163 SUB-LEASES-163. Powers in the lessor.
In every sublease there shall be implied the following powers in the lessor:
(a) that whenever the rent reserved is in arrear, he may levy the same by distress;
(b) that he may by himself of by his agent at all reasonable times during the term, upon giving to the sublesse two days previous notice, enter upon the property and view the state of repair thereof,and may serve upon the sublessee, or leave at his last or usual place of abode or upon the property, a notice in writing of any defect requiring him within a reasonable time to be therein mentioned to repair the same; and
(c) that, whatever the rent or any part thereof, whether legally demanded or not, is in arrear for the space of three months, or whenever the sublesse has failed to perform or observe for a space of three months any of the covenants, conditions or stipulations contained or implied in the sublease, and on the par
S.164 SUB-LEASES-164. Agreement implied in sublease.
There shall be implied in every memorandum of sublease an undertaking by the lessor that he shall, during the continuances of the sublease, pay all rent, taxes and other charges, if any, which are payable to the Government and shall keep the sublessee indemnified against all claims and demands in respect of such rent, taxes and other charges, and in respect of any moneys payable under any charges on the property.
S.165 SUB-LEASES-165. Sublease.
When any land which is included in a sublease already registered is intended to be subleased for a term exceeding one year, the sublessor and the sublease shall execute a memorandum of sublease in substantially the same form as that referred to in section 158, and all the provisions of this Code in respect of lessors and subleesses shall, with the necessary modifications, apply to such sublease and the sublessor and sublessee.
S.166 SUB-LEASES-166. Extension or variation of sublease.
(1) The term of any sublease may, from time to time, be extended by a memorandum of extension in Form M in the First Schedule signed by the lessor and the sublessee for the time being and registered before the expiry of the then current term of the sublease.
(2) Subject to the provisions of this section, a memorandum of extension shall have the same effect as if it were a memorandum of sublease for the extended term, subject to the same convenents, conditions and restrictions, with the necessary modifications, as are contained or implied in the sublease. Upon the registration of a memorandum of extension, the estate of the sublessee thereunder shall be deemed to be subject to all encumbrances and other interests to which the sublease is subject at the time of the registration of the memorandum of extension.
(3) The covenants, conditions and restrictions contained or implied in the sublease may be expressly varied, negatived or adde
S.167 SUB-LEASES-167. Surrender of sublease.
(1) The surrender of a sublease by agreement between the parties may be effected by endorsing thereon the word "surrendered" and that the endorsement, if signed by all necessary parties and attested, shall be noted on the Register and on the issue document of title, and shall thereupon operate to vest all the estate and interest of the sublessee in the lessor.
(2) No sublease subject to a charge or sublease shall be surrendered without the consent of the chargee of sublessee.
S.168 SUB-LEASES-168. Re-entry by lessor.
(1) In case of re-entry and recovery of possession of any premises held under a sublease, either by process of law or by exercise of any power of re-entry in the sublease contained or implied, the Registrar shall, upon proof to his satisfaction of the re-entry and of actual recovery of possession, notify the re-entry upon the Register and upon the issue document of title, if produced to him for that purpose:
Provided that the Registrar shall require notice of the application to register the same be served upon all persons interested under the sublease or, failing such notices, shall give at least one month's notice of the application by publication in the Gazette before making any entry on the Register.
(2) The estate of the sublessee shall thereupon cease and determine, but without releasing him from liability in respect of breach or non-observance of any covenant or condition in the sublease c
S.169 TRANSMISSIONS-169. Transmissions.
(1) Whenever a proprietor, charge or sub-lessee shall die, become bankrupt or be declared mentally disordered, the representative of such person shall present to the Registrar in Form N in the First Schedule a written application to be registered as proprietor, chargee of sublessee, together with the issue document of title and such other documents as may be necessary, and the original and a certified copy of the certificate of representation, or other satisfactory proof that he is legally entitled to be registered as proprietor, chargee or sub-lessee, as the case may be. The Registrar shall thereupon make on the Register and issue document of title and, in the case of a chargee or sub-lessee, upon the memorandum of charge or sub-lease, appropriate entries showing the nature of the certificate of representation and the circumstances under which the application became entitled to be registered, and shall register him as proprietor, chargee or sub
S.170 TRANSMISSIONS-170. Change of name.
Upon the production of proof of the marriage of a female registered proprietor of any land, charge or sublease under this Code, or upon proof of the change of name of any proprietor, the Registrar shall, upon the written application of the proprietor, make appropriate entries on the Register and on the other documents of title to evidence the marriage or change of name.
S.171 TRANSMISSIONS-171. Vesting orders of court.
Where the vesting of any land or estate or interest therein in any person has been made pursuant to an order of a court of competent jurisdiction or under any written law in force in the Federation or any part thereof, the person who is entitled to the land or estate or interest therein may, subject to subsection (3) lodge an application in Form N (1) in the First Schedule with the Registrar to give effect thereto:
Provided that no Order of the Court vesting of any land or estate or interest therein in such person shall effect such land or estate or interest therein until it has been registered pursuant to this section.
(2) The Registrar shall, upon receipt of the application lodged under subsection (1) and upon being satisfied that the necessary stamp duty has been paid, make an appropriate entry in the Register, the document of title and such other documents as may be necessary that the land or estate o
S.172 TRANSMISSIONS-172. Production of Certificate of Transmission by Probate Officer.
Upon production to him of a certificate of transmission lawfully issued by a Probate Officer pursuant to the provisions of the Administration of Estates Ordinance [Cap.80 1948 Ed] , whereby any land or an estate or interest therein is vested in any person, the Registrar shall make appropriate entries on the Register and on the relative documents of title to give effect to the said certificate and, until such entries have been made, the certificate shall have no effect in vesting or transferring the said land or the estate or interest.
S.173 CAVEATS-173. Caveat against dealing.
Any person:
(a) claiming to be entitled to or to be beneficially interested in any land, estate or interest under this Code by virtue of any unregistered agreement or other instrument or transmission, or of any trust express or implied or otherwise howsoever, or by virtue of a licence issued pursuant to section 65B of the Forest Ordinance [Cap. 126 1958 Ed] for the establishment of a planted forest;
[Am. by Cap. A42]
(b) who is a guardian of the property of an infant beneficially interested in any land or any estate or interest therein; or
(c) transferring any estate or interest under this Code to any other person to be held in trust.
may at any time lodge with the Registrar a caveat in Form O in the First Schedule.
S.174 CAVEATS-174. Particulars to be stated.
(1) Every caveat shall be signed by the caveator, or by his attorney or agent, and shall state with sufficient certainty the nature of the estate or interest claimed by the caveator and how it is derived from the proprietor. It shall also appoint a place, or give an address, within Sarawak at or to which notices and proceedings relating to the caveat may be served or addressed.
(2) Every caveat shall be entered upon the Register as of the date and hour of the lodgment thereof with the Registrar.
[Am. Cap. A166]
S.175 CAVEATS-175. Effect of caveat.
So long as a caveat remains in force, the Registrar shall not make any entry on the Register having the effect of charging, transferring or otherwise affecting the estate or interest in respect of which the caveat may have been lodged:
"Provided that nothing herein shall prevent:
(a) the completion of the registration of a dealing which has been accepted for registration prior to the receipt by the Registrar of the caveat for lodgment;
(b) the registration of a dealing expressed to be subject to the rights or interests of the caveator and the caveator has given his written consent thereto; and
(c) the issue of documents of title for the land over which the caveat has been lodged either before or after the date of coming into force of this paragraph, in accordance with section 244 upon the completion of the sub-division of the land and the caveat shall continue an
S.176 CAVEATS-176. Notice of caveat to be given.
Upon the receipt of any caveat, the Registrar shall give notice thereof to the proprietor of the estate or interest against which the caveat has been lodged.
S.177 CAVEATS-177. Procedure for removal.
(1) Any registered proprietor or any other person having a registered estate or interest in the estate or interest against which a caveat has been lodged, may at any time, if he thinks fit, apply to the High Court for an order that the caveat be removed.
(2) The Court, upon proof that notice of such application has been duly served, may make such order in the premises, either ex parte or otherwise, as in the circumstances seems just.
S.178 CAVEATS-178. Lapse of caveat.
Except in the case of a caveat lodged by the Registrar in exercise of the powers conferred upon him by this Code and a caveat lodged by virtue of a licence issued pursuant to section 65B of the Forest Ordinance [Cap. 126 (1958 Ed.)] for the establishment of a planted forest, every caveat shall, upon the expiration of three months after notice given to the caveator that application has been made for the registration of any instrument affecting the land, estate or interest, be deemed to have lapsed as to that land, estate or interest, or so much thereof as is referred to in the notice, unless notice is within the said period of three months given to the Registrar that application for an order to the contrary has been made to the High Court and unless such an order is made and served on the Registrar within a further period of twenty-one days, or such extended period, if any, as the High Court, by order made prior to the expiration of the
S.179 CAVEATS-179. Person entering caveat without cause.
(1) Any person lodging any caveat without reasonable cause shall be liable to make to any person who may have sustained damage thereby such compensation as may be just.
(2) Such compensation as is referred to in subsection (1) shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat.
S.180 CAVEATS-180. Withdrawal.
Any caveat may be withdrawn by the caveator or by his attorney or agent under a written authority and either as to the whole or any part of the land affected.
S.181 CAVEATS-181. No second caveat may be entered.
When any caveat has lapsed, it shall not be lawful for the Registrar to receive any second caveat, affecting the same land, estate or interest, by the same person or in respect of the same right and for the same cause, except by order of the High Court.
S.182 CAVEATS-182. Registrar may enter caveats.
(1) The Registrar may enter caveats for the protection of any person who is under the disability of infancy or unsoundness of mind, or is absent from Sarawak, to prohibit the transfer or dealing with any estate or interest belonging or supposed to belong to any such person or on behalf of the Government to secure the interests of the Government, or the enforcement of any charitable trust, or the interests of the public, or any class or section of the public, or of any public body, and also to prohibit the dealing with any land, estate or interest in any case in which it appears to him that an error has been made in any document of title, or for the prevention of fraud or improper dealing
(2) In any case in which the Registrar is hereby authorized to enter a caveat on behalf of the Government, a caveat may also be entered by the State Attorney-General on behalf of the Government.
[Modified by Swk. L.N. 68/1964]
S.183 PROCEDURE IN SPECIAL CASES-183. Executions, judgements and pending actions.
(1) The Registrar, on being served with a copy of a writ of execution or a judgement, decree or order of any court of competent jurisdiction and on being satisfied that an interest in land which is noted on the Register is affected thereby, shall mark on such copy the date of such service and enter a memorandum thereof on the Register, and no dealing with the interest, pursuant to such writ, judgement, decree or order shall be effected until the memorandum has been so entered.
(2) After the interest has been dealt with pursuant to any such writ, judgement, decree or order, the Registrar shall, on presentation of an instrument in the appropriate form register such instrument if presented within a period of six months from the date of service on the Registrar or within such further time as the court which issued such writ, judgement, decree or order as the case may be, may in any particular for special reason allow in which case no other in
S.184 PROCEDURE IN SPECIAL CASES-184. Satisfaction of writ, judgement, decree or order to be noted on Register.
Upon proof to the Registrar of the satisfaction of any writ, judgement, decree or order a copy whereof has been served in accordance with section 183(1), he shall make an entry on the Register to that effect, whereupon such writ, judgement, decree or order shall cease to affect the interest concerned.
S.185 PROCEDURE IN SPECIAL CASES-185. Orders and provisions for rectification of the Register.
Notwithstanding the provisions of any written law other than a written law expressly excluding the operation of this section and passed into law after this Code:
(a) an order for rectification of the Register made otherwise than in pursuance of section 136;
(b) a direction under section 45(5) of the Education Ordinance, 1961
[Mod. Swk. L.N.68/64]
(c) any provision in any written law that any previous register shall be rectified or amended in any way upon the happening of any event,
shall not be effectual to transfer or otherwise vest any estate or interest in land until such order or direction has been registered or, in the case of such provision as is referred to in paragraph (c) , until the Registrar, upon being furnished with proof that such event has occurred, has made an appropriate entry in relation thereto in the R
S.186 PROCEDURE IN SPECIAL CASES-186. Trusts.
Without prejudice to section 130 or the provisions relating to caveats, the Registrar shall not note any trust on the Register, but an order of an competent court or an instrument declaring a trust or appointing new trustees, or a certified copy thereof, may be deposited with the Registrar for safe custody and reference, and the Registrar may protect by caveat, or in such manner as he deems fit, the right of persons beneficially interested thereunder, or thereby appointed as trustees, or required to give any consent; but such instrument or copy shall not form part of the Registrar be deemed to be registered nor shall the Registrar be deemed to owe a duty to any person to concern himself therewith.
S.187 PROCEDURE IN SPECIAL CASES-187. Stay of registration.
(1) Any person proposing to deal for value with the registered proprietor of an interest in land may, with the consent in writing of such proprietor and on stating the particulars of the proposed dealing, lodge with the Registrar an application for a stay of registration in Form P in the First Schedule.
(2) If, as shown by the Register, the proprietor is free to deal with his interest, the Registrar shall make an order certifying that the proprietor is so free and staying registration of any instrument affecting the interest for thirty days from the time specified in the order, and such order shall be affixed to the relevant issue document of title or instrument.
(3) If, within the said period of thirty days, an instrument affecting the proposed dealing is lodged for registration, such instrument shall have have priority over any other instrument lodged for registration after the commencement of the period specified in the order an
S.188 POWERS OF ATTORNEY-188. An attorney may deal with land.
A registered proprietor of any estate or interest in land may by power of attorney in any usual form, and either in general terms or specially, authorize and appoint any person on his behalf to execute transfer or other dealing therewith.
S.189 POWERS OF ATTORNEY-189. Power of attorney to be registered.
Every power of attorney intended to be used for the purpose of effecting a dealing under this Code shall be presented to the Registrar and shall be registered and retained by him, unless a duplicate or attested copy thereof is furnished to the Registrar in lieu.
S.190 POWERS OF ATTORNEY-190. Continuance of power of attorney.
(1) Every power of attorney shall, so far as concerns any act or things done thereunder in good faith, operate and continue in force until notice of the death of the donor of the power, or until notice of other revocation thereof, has been received by the donee of the power.
(2) Every act or thing within the scope of the power, done in good faith by the donee of the power after such death or other revocation as is referred to in subsection (1) and before notice thereof has been received by him, shall be as effectual in all respects as if that death or other revocation had not happened or been made.
(3) The Registrar, before registering any instrument executed by an attorney, may require proof that the power of attorney under which the attorney purported to act was still in force at the date of the execution of the instrument.
(4) A statutory declaration by any attorney to the effect that he has not received any notice or inf
S.191 POWERS OF ATTORNEY-191. Irrevocable power of attorney.
Where a power of attorney given for valuable consideration is in the instrument creating the power expressed to be irrevocable then in favour of a purchaser:
(a) the power shall not be revoked at any time either by anything done by the donor of the power without the concurrence of the donee or by the death, unsoundness of mind or bankruptcy of the donor; and
(b) any act done at any time by the donee of the power in pursuance of the power shall be as valid as if anything done by the donor without the concurrence of the donee or the death, unsoundness of mind or bankruptcy of the donor had not been done or had not happened.
S.192 DUTIES OF REGISTRAR AND OTHER OFFICERS-192. Registrar not bound to produce Register without court order.
A Registrar shall not be bound to produce in any court of law or elsewhere Registrar or other document in his custody as such Registrar, or to attend before any court to give evidence as such Registrar, except by order of the High Court, which order shall not be made unless the Court is satisfied that the production is necessary and that the required evidence cannot be given by certified copy of the Register or document.
S.193 DUTIES OF REGISTRAR AND OTHER OFFICERS-193. Preparation of instruments.
(1) At the request of the parties thereto, any transfer, charge, sublease or other instrument may, upon payment of such fees as may be prescribed, be drawn up and prepared by the Registrar or by any Government officer generally or specially authorized by the Director.
(2) The Registrar, or any other person acting under the authority of subsection (i), or the Government, shall not be liable for any defect in any instrument or other document which the Registrar or such other person has in good faith drafted or assisted in the drafting thereof.
(3) Any general authorization under subsection (1) shall be published in the Gazette and any special authorization may be given under the hand of the Director or a Deputy Director.
S.194 DUTIES OF REGISTRAR AND OTHER OFFICERS-194. No document of title to be altered without authority.
No Government officer or other person shall make any entry or endorsement on, or alteration to, the Register or to any document of title which he is not authorized to make under this Code.
S.195 DUTIES OF REGISTRAR AND OTHER OFFICERS-195. Additional powers of Registrar.
Every Registrar in addition to the powers hereinbefore vested in him may exercise all or any of the powers following, that is to say:
(a) he may by notice require any person, having in his possession or control any grant, lease or other instrument upon which any memorial or entry is required to be endorsed for the purposes of this Code, to produce that instrument within a reasonable time to be fixed by the notice and to deposit it with the Registrar for such time as may be necessary for the making of that endorsement or entry;
(b) he may, if in his opinion any document of title has become worn, defaced or mutilated so as to justify his so doing, require the holder of that document to surrender it for cancellation and upon cancellation a new document of title shall be issued to the person entitled thereto upon payment of the prescribed fee:
Provided that the Registrar may at his d
S.196 DUTIES OF REGISTRAR AND OTHER OFFICERS-196. Books to be kept.
In addition to the Register prescribed by section 112, a Registrar shall keep the following books:
(a) a presentation book, in which shall be entered particulars of all instrument received for registration, referring to the same by number in the order in which they are so received for registration;
(b) a personal index, in which shall be recorded the names of such classes of proprietors entered in the Register as may be prescribed, and the nature of their interest, and
(c) such index books as may be required to record, and give the necessary references to, the pages in the Register relating to all registered land:
Provided that any index may be kept in the pages of a book bound together or unbound, or upon cards regularly arranged.
S.197 COMPENSATION FOR LOSS-197. Compensation for loss.
Any person who is deprived of any land, or of any estate or interest therein, by reason of any of the provisions relating to indefeasibility contained in sections 132, 133 and 134 and who is by reason thereof barred from bringing an action against the registered proprietor for possession, or other action for the recovery of that land, estate or interest, may bring an action against the Government for recovery of damages.
[Am. Reprint Commissioner]
S.197A COMPENSATION FOR LOSS-197A. Government not liable.
No action or claim for compensation shall be brought against the Government arising from any inheritance, acquisition, purchase, transfer, sale or disposal of or other dealing in land over which native customary rights subsist as provided in paragraph (i) of the proviso in section 5(2).
[Ins. Cap. A166]
S.198 COMPENSATION FOR LOSS-198. Notice of action to be served on State Attorney-General.
(1) Notice in writing of every action against the Government, and of the cause thereof, and of the amount claimed, shall be served upon the State Attorney-General and also upon the Director one month at least before the commencement of the action.
[Modified by Swk. L.N. 68/1964].
(2) If these officers concur that the claim ought to be admitted as to the whole, or any part thereof, without action and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid by the Government in whole or in part to the person entitle thereto in accordance with the certificate.
S.199 COMPENSATION FOR LOSS-199. Recovery of compensation.
(1) Where any sum of money has been lawfully paid by the Government as compensation for any loss suffered by any person, the amount of that compensation, together will all costs incurred in contesting or defending any claim or action in relation thereto, shall be deemed a debt due to the Government from the person legally responsible for the fraud, misrepresentation or other cause whereby the loss was suffered, and may be recovered from him or from his personal representatives in like manner as any other debt due to the Government.
(2) A certificate purporting to be under the hand of the State Financial Secretary that any such sum has been paid under subsection (1) shall, until the contrary is proved, be evidence that such payment was made as aforesaid.
[Modified by Swk. L.N. 68/1964]
S.200 COMPENSATION FOR LOSS-200. Government not liable in certain cases.
Notwithstanding that effect may have been given to the same by entry on the Register, the Government shall not under any circumstances be liable for compensation for any loss, damage or deprivation occasioned by any of the following things:
(a) by the breach by a registered proprietor of any trust;
(b) by the same land having been included in two or more documents of title;
(c) by the improper use of the seal of any corporation or company;
(d) by the registration of any instrument executed by any person under any legal disability, unless the fact of that disability was disclosed on the instrument by virtue of which that person was registered as proprietor;
(e) by the improper exercise of any power of sale or re-entry;
(f) by an amendment of a plan which is not accompanied by a shifting of boundary marks on the ground.
S.201 COMPENSATION FOR LOSS-201. Measure of damages.
No person shall, as against the Government, be entitled to recover any greater amount for compensation in respect of the loss or deprivation of any land, or any estate or interest therein, than the value of that land, estate or interest at the time of that deprivation, together with the value of the permanent buildings arected thereon and any improvements made thereto prior to the time of that deprivation, with interest at the rate of five per cent per year to the date of the judgement recovered.
S.202 COMPENSATION FOR LOSS-202. Limitation of actions.
No action for recovery of damages as aforesaid shall lie or be sustained against the Government unless the action is commenced within a period of three years from the date when the right to bring the action accrued:
Provided that any person under the disability of infancy or unsoundness of mind may bring such an action within three years from the date upon which the disability ceased.
S.203 APPEAL, COURT PROCEDURE AND NOTICES-203. Appeal from decision of Registrar.
If the Registrar refuses to perform any act or duty which he is hereby required or empowered to perform under this Code, or if the proprietor or other claimant to any land, estate or interest is dissatisfied with the direction or decision of the Registrar in respect of any matter or thing under this Code, the person deeming himself aggrieved may require the Registrar to set forth in writing the grounds of his refusal, direction or decision.
S.204 APPEAL, COURT PROCEDURE AND NOTICES-204. Notice to Registrar of appeal.
Any such person may, if he thinks fit, call upon the Registrar to appear before the High Court to substantiate and uphold the grounds of such refusal, direction or decision by a notice served upon the Registrar fourteen clear days, at least, before the date appointed for the hearing.
S.205(1) APPEAL, COURT PROCEDURE AND NOTICES-205(1). Hearing of appeal.
Upon the hearing by the High Court of any proceeding under sections 203 and 204, the Court shall make such order in the premises as the circumstances of the case may require, and such order shall be binding upon the Registrar.
S.205(2) APPEAL, COURT PROCEDURE AND NOTICES-205(2). Expenses of appeal.
All expenses attendant upon any such proceeding shall be borne and paid by the person initiating the proceeding unless the Court orders that the same be paid out of public funds.
S.206 APPEAL, COURT PROCEDURE AND NOTICES-206. Procedure.
In the conduct of actions and proceedings under this Part in any court, the same rules shall apply, and there shall be the same rights of appeal, as are in force or exist for the time being in respect of civil proceedings in the same court.
S.207 APPEAL, COURT PROCEDURE AND NOTICES-207. Special case.
The Registrar may, by special case, submit for the decision of the *Federal Court any question arising under this Part which the State Attorney-General has, by certificate under his hand, certified as appearing to him to require such a decision, and the *Federal Court shall give its judgement thereon as if the question had been raised in due form upon an appeal from a decision in the High Court.
[Modified by Swk. L.N. 68/1964].
S.208 APPEAL, COURT PROCEDURE AND NOTICES-208. Methods of effecting service.
(1) Any notice required or authorized by this Part to be served upon any person shall be delivered to that person and may be delivered to him either personally or to his wife or husband, as the case may be, or to any adult member of his family residing with him. If his address in Sarawak is known and there be postal communication with such place, any such notice may be served by posting it by registered letter addressed to that person at the known address.
(2) In the case of natives, if service by personal delivery is impracticable, the notice may be served by posting it by registered letter addressed to, or by personal service upon, the Penghulu, Tua Kampong or Headman of the community or section of any community to which the native concerned was last known to belong.
(3) If the person is absent from Sarawak, the notice may be delivered as aforesaid to his agent in Sarawak. If he is deceased the notice may be delivered as aforesai
S.209 PART VIII OFFENCES AND SANCTIONS-209. Unlawful occupation, cultivation, clearing, etc., of State land.
(1) Any person who, without lawful authority:
(a) occupies, or erects any building on, any State land; or
(b) clears, ploughs, digs, encloses or cultivates any such land or part thereof,
shall be guilty of an offence: Penalty, in the case of a first offence, a fine of one thousand ringgit and, for a second or subsequent offences, imprisonment for two years and a fine of five thousand ringgit.
[Am. by Cap. 50]
(1A) Any person who aids and abets the commission of an offence under section 32A or subsection (1) shall be guilty of the like offence.
[Subs. Ord. No.3 3/79]
(2) A person shall be deemed to have committed an offence under subsection (1) if it is proved that he has asserted or attempted to assert any right or privilege over State land, or over any land deemed to be State land for the purposes of th
S.209A PART VIII OFFENCES AND SANCTIONS-209A. Power of arrest.
(1) Any officer empowered by the Director by notification in the Gazette may without warrant arrest any person found committing or attempting to commit or abetting the commission of an offence under section 32A or 209.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person so arrested to the officer in charge of the nearest police station or, if the offence is compoundable under section 209F, to an officer empowered under that section to accept compensation.
Provided that, in the latter case, if the person arrested refuses to compound the alleged offence, he shall forthwith be sent to the officer in charge of the nearest police station, and the Criminal Procedure Code [F.M.S Cap. 6] shall apply to a person so arrested.
[Ins. by Ord. No.3/79]
S.209B PART VIII OFFENCES AND SANCTIONS-209B. Power of eviction, seizure, etc.
(1) When there is reason to believe that an offence against section 32A, 32B or section 209(1) has been committed, any officer duly authorized by the Director may:
[Am. Cap. A68, Cap. A200/2022.]
(a) remove from any land any person whom he has reason to believe to be committing the offence;
(b) detain or seize any vehicle, tractor, agricultural implements or other things whatsoever which he has reason to believe was used or is being used in the commission of the offence; and
[Am. by Cap. A68]
(c) demolish or remove any building, or take possession in the name of the Government, of any land together with all buildings, crops growing thereon and other immovable property, if any, upon and affixed thereon.
(2) When an officer exercises his power of arrest, eviction or seizure under section 209A or subsect
S.209C PART VIII OFFENCES AND SANCTIONS-209C. Custody and delivery of things seized.
Where an officer has seized anything in exercise of his powers under section 209B, he shall place on such property or thing a mark indicating that it has been seized and shall, without undue delay, make a report of such seizure to a Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, in any case where such property has been seized in connection with an offence dealt with under section 209F or committed by some person unknown or who cannot be found, it shall not be necessary to report to a Magistrate the seizure thereof.
[Ins. by Ord. No.3/79]
S.209D PART VIII OFFENCES AND SANCTIONS-209D. Forfeiture of things seized.
(1) All things seized in exercise of the powers conferred by section 209B(1) shall be liable to forfeiture.
(2) Where anything has been seized under section 209B(1), the seizing officer may, at his discretion, temporarily return such things to the owner of the same on security being furnished to the satisfaction of the seizing officer that such things 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 anything seized in exercise of the powers conferred under section 209B(1) shall be made by the court before which the prosecution with regard thereof has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that an offence under section 32A or 209 has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding th
S.209E PART VIII OFFENCES AND SANCTIONS-209E. No cost or damage from seizure to be recoverable.
No person shall in any proceedings before any court in respect of the seizure of anything seized in exercise or the purported exercise of the powers conferred undr section 209B be entitled to the costs of such proceedings or to any damage or other relief arising in consequence of any act done under section 209B or 209D unless such seizure was made without reasonable or probable cause.
[Ins. by Ord. No.3/79]
S.209F PART VIII OFFENCES AND SANCTIONS-209F. Power to compound offences.
(1) The Director, and any other officer duly authorized by the Director by notification in the Gazette , may, subject to the rules made under section 213(1) (dd) accept from any person who is reasonably suspected of having committed an offence under, other than an offence under Part X, this Code or any rules made thereunder:
[Am. by A119]
(a) a sum of money not exceeding two-third of the fine stipulated for the offence; and
(b) a sum equivalent to:
(i) any royalty, fee, premium or other levy due and payable under this Code, to the Government at the time of the commission of the offence; and
(ii) any expense incurred or damage suffered by the Government by reason of the offence committed by that person, such expense or damage shall be assessed by the Director.
(1A) The Secretary of the Stat
S.209G PART VIII OFFENCES AND SANCTIONS-209G. Power to investigate.
Without prejudice and in addition to the powers already provided in this Code, an officer duly authorized by the Director may also exercise all the powers of the police relating to investigation into offences as provided in the Criminal Procedure Code [ Act 593 ].
[Ins. by Cap A179]
S.210 PART VIII OFFENCES AND SANCTIONS-210. Miscellaneous offences.
No person shall:
(a) fraudulently procure, or assist in fraudulently procuring, any document of title or other instrument, or any entry in the Register, or any erasure or alteration in any entry in the Register, or any erasure or alteration in any entry in the Register or in any document of title or other instrument;
(b) fraudulently alter, add to, erase, deface or destroy any Register, document of title or other instrument, or any entry in the Register;
(c) forge, or procure to be forged, or assist in the forging of, the seal of any Registrar or the name, signature and handwriting of any Registrar or other officer, in cases where the Registrar or other officer is expressly or impliedly authorized to affix his seal or signature.
(d) use, with intent to defraud any person, any document upon which any impression of any seal of any Registrar has been forged, knowing th
S.211 PART VIII OFFENCES AND SANCTIONS-211. Penalty for carelessly destroying.
Whoever shall carelessly destroy, mutilate, deface or lose any Register or document of title, or any registered instrument, or shall carelessly allow any such Register, document of title or instrument to be destroyed, mutilated, defaced or lost, whilst in his custody or safe-keeping, shall be guilty of an offence: Penalty, imprisonment for six months and a fine of one thousand ringgit.
S.211A PART VIII OFFENCES AND SANCTIONS-211A. Penalty: continuing offence.
Where provisions is made by or under this Code for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence shall fix a reasonable period from the date of conviction for compliance by the defendant with any direction given by the courtand , here a court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
[Ins. by Ord. No. 8/88]
S.211B PART VIII OFFENCES AND SANCTIONS-211B. Offence by corporation.
Where an offence under this Code has been committed by a body corporate, a person who at the time of the commission of the offence is a director, manager, secretary, or other similar officer of the body corporate or a person who is purporting to act in such capacity shall, as well as the body corporate, be deemed to be guilty of the offence unless he proves that the offence has been committed without his knowledge or that he took reasonable precautions to prevent its commission, or in the case of a continuing offence, the continuation thereof.
[Ins. by Cap. A50]
S.211C PART VIII OFFENCES AND SANCTIONS-211C. Who may prosecute.
Prosecutions of any offence under this Code or any rules made thereunder may be conducted by the Public Prosecutor or any person duly authorized by him under section 377(b) of the Criminal Procedure Code [F.M. S. Cap 6] .
[Ins. by Cap. A50; Subs. by Cap A59]
S.212 PART IX ARBITRATION AND MISCELLANEOUS-212. Arbitration.
(1) Whenever it is provided by this Code, or by any rules made thereunder, that any dispute or matter shall be referred to arbitration in accordance with this section, or that any person may require that it be so referred, or words having a similar meaning are used, it shall be the duty of the Director, Superintendent or other public officer, as the case may be, acting under the provisions of this Code or of any such rule, in this section referred to as "the Government side', to prepare and submit to the *Chief Judge a brief summary of such dispute together with details of the offer made by the Government side and the estimated value of any land, or of any right or interest therein, to which the offer relates and such other particulars as the* Chief Judge may in his discretion, by any general or special direction under the hand of the Registrar of the High Court, require.
[Mod. Swk. L.N. 68/64]
(2) The Chief
S.213 PART IX ARBITRATION AND MISCELLANEOUS-213. Rules.
(1) The Majlis Mesyuarat Kerajaan Negeri may make rules generally for carrying out the provisions of this Code and to guide the public officers charged with its administration in the exercise of their powers and duties and, in particular, such rules may be provided for:
[Am. by Ord. No. 9/76; Cap. A28]
(a) amending the Forms in the First Schedule and prescribing new Forms in respect of any matter to be done under this Code and Rules;
(b) licences and permits of State land;
(c) the conditions under which Native Customary Land may be occupied under permit by persons other than those entitled to the customary rights:
Provided that such rules secure that due regard is had to the rights of the persons entitled and that provision may be made for appeal against any decision taken in connection with the issue of such permits;
S.214 PART IX ARBITRATION AND MISCELLANEOUS-214. Notices.
Save in so far as any provision thereof is inconsistent with the provisions of any other Part or of any rule concerning notices, section 208 (which provides for the methods of effecting service of notices) shall apply also to any notice which may be required to be given under any Part or under any rules.
S.215 PART IX ARBITRATION AND MISCELLANEOUS-215. Attestation.
(1) Every instrument executed for the purpose of transferring, charging or affecting any estate or interest under this Code, shall be signed by the parties thereto and shall be attested in accordance with the following provisions:
(a) if executed within Sarawak, it shall be attested by a Superintendent, a Registrar or any person generally or specially authorized by the Director;
(b) if executed in any part of Malaysia other than Sarawak, it shall be attested by a Notary Public, a Registrar appointed under the National Land Code or a Magistrate;
[Subs. by Ord. 18/71]
(c) if executed in the United Kingdom or any part of the Commenwealth outside Malaysia, it shall be attested by a Notary Public, a Commissioner of Oaths, a Magistrate or by a Commonwealth Representatives;
[Mod. Swk. L.N.68/64]
(d) if executed
S.216 PART IX ARBITRATION AND MISCELLANEOUS-216. Corporation may execute under seal.
A corporation may execute an instrument by affixing thereto the common seal of the corporation or by an attorney appointed under the common seal, and any such seal fixed to any instrument shall be sufficient proof of the Registrar that the same was affixed under proper authority, and that the instrument is binding on the corporation.
S.217 PART IX ARBITRATION AND MISCELLANEOUS-217. Variation in forms.
Any variation from any of the Forms set out in the First Schedule, not being in the matter of substance, shall not affect their validity or regularity, but they may be used with such alteration as the character of the parties or circumstances of the case render necessary.
S.218 PART IX ARBITRATION AND MISCELLANEOUS-218. Legal representatives.
In any form under this Code, the description of any person as proprietor, transferor, transferee, chargor, chargee, lessor, lessee or sublessee, or as trustee, or as having or taking any estate or interest in any land, shall be deemed to include the heirs, executors and administrators and assigns of that person.
S.219 PART IX ARBITRATION AND MISCELLANEOUS-219. Implied covenants.
Any covenant, power, condition or agreement implied under this Code shall have the same force and effect as if it has been set out at length in the instrument wherein it is implied, and any such covenant, power, condition or agreement may be negatived, varied or extended.
S.220 PART IX ARBITRATION AND MISCELLANEOUS-220. Instrument remaining on old registers under former Land Ordinance and subsequent instrument and entries.
(1) Any document of title duly registered under the provisions of the former Land Ordinance [Cap. 27 1948 Edition] and not brought on to the Register under section 112(3) or (4) shall, subject to the other provisions of this Code, have the same force, effect and protection as if this Code had not been passed.
(2) Subsection (1) shall apply also to documents of title issued, and to entries made, after the 1st day of January, 1958, unless and until they have been registered in the Register pursuant to section 112 (3) or (4).
S.221 PART IX ARBITRATION AND MISCELLANEOUS-221. In cases where a registration should not form part of the Register the Registrar shall enter a caveat and give notice of the effect thereof.
(1) In any case in which it appears to the Registrar that the registration of any estate or interest in land, or any previous register or any entry relating thereto, should not form part of the Register by virtue of section 112(6), he shall enter a caveat prohibiting any dealing with, and any registration against, that estate or interest.
(2) The Registrar shall by notice in the Gazette, and also by notices posted on or near the land to which the notice relates, in such languages as he may consider appropriate state:
(a) that such caveat as is mentioned in subsection (1) has been entered; and
(b) that, if such caveat remains on the previous register for more than a year from the date upon which it was entered, the registration in the previous register which lead to the entering of the caveat shall be cancelled.
S.222 PART IX ARBITRATION AND MISCELLANEOUS-222. The Registrar shall also enter a caveat and give notice stating the effect thereof if a registration has been included in the Register in contravention of section 112(6).
In any case in which it appears to the Registrar that the registration of any estate or interest in land, or any entry relating thereto, has been included in the Register in contravention of section 112(6), he shall enter such caveat as is provided for in section 221 (1) and shall futher, by notice in the Gazette and by notices posted on or near the land, state that such caveat has been entered and that, if such caveat remains on the Register for more than six months from the date when it was first entered, the registration in the Register which led to the entering of the caveat shall be cancelled.
[Am. Reprint Commissioner]
S.223 PART IX ARBITRATION AND MISCELLANEOUS-223. Cancellation of registration upon expiry of period stated in notice or of any extended period.
(1) Subject to this section and of sections 224 to 226 inclusive, if, upon the expiration of the period mentioned in section 221(2) (b) or the period mentioned in the notice referred to in section 222, the caveat mentioned in section 221 or 222 has not been removed from the register, the Registrar shall cancel from the previous register or from the Register, as the case may be, the registration in respect of which the caveat was entered.
(2) Notwithstanding subsection (1), if, prior to the expiry of the respective periods therein mentioned:
(a) a competent court orders that such period be extended; or
(b) the Registrar, upon application made to him by any party interested, considers that either of the periods mentioned in subsection (1) should for any cause which he may deem sufficient be extended.
then, subject as hereinafter provided:
(i) if
S.224 PART IX ARBITRATION AND MISCELLANEOUS-224. Jurisdiction and powers of Court after entry of a caveat under section 221 or 222.
(1) If a caveat has been entered under section 221 or 222, the High Court shall have jurisdiction, upon application by any party interested in obtaining such relief, to make such order or orders as in its judgement is or are necessary to enable justice to be done.
(2) Without prejudice to the generality of subsection (1), the High Court shall have power to make an order:
(a) declaring that the registration of any estate, interested or entry, in respect of which the caveat has been entered, may lawfully form part of the Register;
(b) that the registration of any estate or interest or any entry should not be cancelled from the Register;
(c) vesting any estate or interest in the person who in its judgement is, or would if the necessary relief were granted by the Court be, entitled thereto;
(d) appointing new or additional trustees of any trust express or implied
S.225 PART IX ARBITRATION AND MISCELLANEOUS-225. Withdrawal of caveat and effect thereof.
(1) The Registrar:
(a) may of his own motion withdraw any caveat entered under section 221 or 222 if he is satisfied by such evidence as he may deem sufficient:
(i) that it should not have been entered; or
(ii) that a registration may now lawfully be made in lieu of the registration in respect of which the caveat was entered; and
(b) shall withdraw the caveat if he is ordered to do so by a competent court.
(2) Upon the withdrawal of any caveat entered under section 221, the Registrar shall, if the previous register was a register under the former Land Settlement Ordinance [Cap. 28. 1948 Edition] , include in the Register the registration in respect of which the caveat was entered and any registration previously excluded by virtue thereof; and, if the previous register was a register kept under the former Land Ordinance [Cap
S.226 PART IX ARBITRATION AND MISCELLANEOUS-226. Saving for powers conferred by Part V.
Nothing in sections 221 to 225 inclusive, or in section 112(6), shall be deemed to preclude the Director from issuing under section 84 a Settlement Notification affecting land, the registration of an estate or interest or entry in, or relating to, which has led to the entering of a caveat under section 221 or 222 but, in any such case, section 86(1) shall not be deemed to prohibit any application under section 224.
S.227 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-227. Interpretation.
In this Part:
"develop" or "development" means to carry out any building, engineering, or other operations in, on, over or under any land, or the making of any material change in the use of any building or land:
Provided that the following operations or uses of land shall not be deemed for the purposes of this Part to involve development of land:
(a) the carrying out of works for the maintenance, improvements, or other alteration of a building which do not materially affect the external appearance or the floor area of the building.
(b) the carrying out by any statutory authority of any works required for the maintenance or improvement of a street being works carried out on land within the boundaries of the street;
(c) the carrying out by any statutory authority of any works for the purpose of laying, inspecting, repairing or renewing any sewer
S.228 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-228. Establishment of State Planning Authority.
(1) There shall be established a State Planning Authority consisting of the following members:
(a) the Minister, as Chairman;
(b) the State Secretary, as Deputy Chairman;
(c) the Permanent Secretary to the Ministry for Resource Planning;
(d) the Director of Lands and Surveys; and
(e) not more than three other members of whom two shall be public officers (whose public duties are relevant to assist the State Planning Authority in the discharge of its functions), to be appointed by the Minister.
(2) The Permanent Secretary to the Ministry shall also be the Secretary of the State Planning Authority.
[Sub. Cap. A166]
(3) A members of the State Planning Authority appointed under subsection (1)(f) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such
S.229 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-229. Functions of the State Planning Authority.
(1) The functions of the State Planning Authority shall be:
(a) to plan regulate and control the development and use of all lands and buildings;
(b) to consider and approve, subject to such terms and conditions as it may deem fit to impose, plan for the sub-division and development of the land;
(c) to determine the location and sitting of Government buildings, public utilities and facilities, and the sittings of new towns, villages and areas for settlements or resettlement of people;
(d) to formulate policies and guidelines for and to give directions to local authorities with regard to the use and development of land within their respective areas of jurisdiction, including, but not limited to, the improvement of the physical environment, the management of traffic or communications systems, and the provisions of waste and sewage systems;
[Am
S.230 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-230. Prohibition of sub-division and development without approval.
(1) Any proprietor who:
(a) sub-divides or develops his land otherwise than in accordance with a plan of sub-division or development approved by the State Planning Authority; or
[Am. Swk. Cap. A95, s. 9]
(b) fails to comply with any requirement or condition imposed by the State Planning Authority, shall be guilty of an offence: Penalty, a fine of five hundred thousand ringgit and, in the case of a continuing offence, a further fine of one thousand ringgit in respect of every day during which the offence continues:
[Am. Swk. Cap. A68, s. 6]
Provided that no proprietor shall be deemed to commit an offence against this section by reason merely of the fact that he makes application for the issue to him of a separate document of title consolidating two or more document of title; or
[A
S.231 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-231. Procedure for application for sub-division and development of land.
(1) Whenever any proprietor proposes to sub-divide land or to develop land, six copies of a plan of sub-division or development in Form Q, showing:
(a) the whole of the land proposed to be sub-divided or developed and the areas and dimensions of the sub-divisions or development proposed;
(b) all existing roads, reserves and access-ways, and land affected by any existing easements;
(c) the proposed roads, drains and location of drainage outlets and their alignments and dimensions;
(d) the proposed use, siting and dimension of any proposd building or buildings communication towers or other structures on the land;
[Am. Swk. Cap. A95, s. 10]
(dd) precise location and size of the area to be used for carbon storage and where the land is on the foreshore or the beds of the sea within the boundaries of Sarawak as extended by t
S.232 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-232. Approval for sub-division.
(1) The State Planning Authority may, if it considers that it is expedient in the interest of proper planning and overall development of the area to which the application relates:
(a) approve the plan of the proposed sub-division or development, or subject to modification or amendments thereto, and, subject to any of the conditions or requirement stipulated in subsection (2);
(b) refuse to approve the plan of sub-division or development if it is of the opinion that the land is not suitable for sub-division, or the proposed sub-division or development is not in the interest of proper planning or development of the area or not in conformity with the structure plan or local plan for the area where the land is situated;
(c) require a new plan to be prepared and submitted for its approval.
(2) Where the State Planning Authority decided to approve the sub-division or
S.233 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-233. Period of approval.
Any approval granted under section 232(1) shall, unless extended, lapse either:
(a) on the expiration of twenty four months from the date of the approval plan referred to in section 234(1), if, within that time, the works covered by the engineering plan referred to in section 234(2) (b) have not been commenced, or where such works are not required, the survey of the land to be undertaken under subsection (4) is not satisfactorily completed; or
(b) the development as a whole is not completed within such time as may be stipulated in the approved plan, and for the purpose of this section, a development is deemed completed when the building to be constructed in relation thereto have been certified to be completed under the Building Ordinance, 1994 [Cap. 8] .
Provided that the State Planning Authority may from time to time extend such period for a term not exceeding
S.234 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-234. Procedure following approval of plan.
(1) (a) As soon as practicable after the plan referred to in section 231 has been approved or any requirement or condition imposed under section 232(2), the State Planning Authority shall notify the Superintendent (with a copy of such notification to the Director) of any condition or requirement imposed under section 232(2), and the Secretary of the State Planning Authority or any other person authorised in that behalf by the Secretary shall sign the plan (which shall hereinafter be referred to as "the approved plan"). Two copies of the approved plan shall be sent to the Superintendent who, on receipt thereof, shall notify the person who submitted the plan of its approval and supply him with a copy of the approved plan.
(b) The State Planning Authority may, on application by the person who submitted the plan, revise or modify the approved plan on such terms and conditions as the Authority may deem fit and upon payment
S.235 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-235. Endorsement in Land Register.
The Director shall, in respect of any land affected by any approved plan and subject to section 244, make or cause to be made in the Register kept under this Code, an endorsement to the effect that such land is subject to the conditions of such approved plan.
S.236 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-236. Compensation in respect of approved sub-division.
(1) Whenever under section 232(1) the State Planning Authority requires the proprietor to make provisions for the constructions of roads, the making of reserves or the completion to the satisfaction of the Superintendent of the work of making roads and reserves, or the provision of car parks or car parking spaces on the land or on such alternative site or place as may be approved by the State Planning Authority, the following provisions shall have effect:
(a) where the total area of the reserve to be set aside for public parks or open spaces does not exceed one-tenth of the area of the land to be sub-divided or developed, no compensation shall be payable;
(b) in so far as the area of the reserves to be set aside for public parks or open spaces exceed that fraction:
(i) compensation shall be payable by the State Government in respect of the excess to the extent to which, if at all
S.237 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-237. Making of claim for compensation.
(1) Any claim for compensation shall be made by serving upon the Director a notice in writing stating the grounds of claim and the amount claimed.
(2) No claim for compensation shall be entertained, except with the consent of the Minister, unless the claim is made within six months of the date of the deposit of the survey plan under section 234(3).
S.238 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-238. Claim for compensation.
(1) Any question arising under this Part as to:
(a) the right of a claimant to recover compensation; or
(b) the amount and manner of payment of compensation,
shall, unless the parties concerned otherwise agree, be referred to and determined by the High Court:
Provided that the Court may on its own motion or at the request of any of the parties, if it think fit, call in the assistance of one or more persons as assessors who shall advise the Court of their opinions; but in the case of any differences of opinion, the opinion of the Court shall prevail.
(2) The Court shall cause the respective parties to appear before it and it shall be lawful for the Court to hear and determine the claim in a summary manner and, for that purpose, to examine the parties or any of them and their witnesses.
(3) The determination by the Court of a claim u
S.239 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-239. Powers of entry.
(1) Any person authorized in that behalf in writing by the Director may, on the production of such written authority, enter at all reasonable hours upon any land or building and there make such inspection, examination, investigation or survey as may be necessary for enforcing or carrying out the provisions of this Part.
(2) Every person who wilfully obstructs or interferes with any person in the lawful exercise of any power conferred by this section shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
S.240 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-240. Obligation to give information to Superintendent.
(1) Any Superintendent may, for any purpose arising in relation to the enforcement or carrying out of any sub-division, by notice in writing, require the proprietor or occupier of any land or building, or any person receiving, whether for himself or for another, rent out any such land or building, to state in writing and deliver, or to forward by registered post, to the Superintendent, within a specified time, not less than twenty eight days after being so required, particulars of the interest or right by virtue of which he owns or occupies such land or building or receives such rent, as the case may be, and the name and the name and address, and the interest or right (so far as known to him), of every person who to his knowledge has any interest in or right over in respect of such land or building.
(2) Every person required to make and deliver a statement under this section who wilfully makes any false statement, or fails or refuses to m
S.241 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-241. Road when properly made up may be declared a public road.
Where the work of making any road and car parking spaces under section 232(2) has been certified by the Director who have been completed in conformity with the approved plan, the Superintendent shall accept the surrender of the land on which the road or car parking spaces are situated, and such land shall be vested in the State.
S.242 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-242. Avoidance of certain transactions relating sub-divisions.
Any plan, agreement , deed or instrument of any kind whatsoever whereby any sub-division contrary to the provisions of this Part is created, recognized, granted or reserved shall be deemed to be void and of no effect, and shall not be registrable under this Code.
S.243 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-243. Power to demolish buildings erected on land.
Where any building or structure is erected on any land, after such land has been reserved or set aside for reserves or roads or car parks under this Part, the Director may order the demolition of such buildings or structure, and the materials thereof may be sold to defray the expenses incurred by the Director under this section, and in so far as such expenses are not so defrayed, they may be recovered from the person erecting such building or structure or causing such building or structure to be erected.
S.244 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-244. Issue of documents of title.
Subject to section 245 and in compliance with section 234(3), the proprietor of the land thereby sub-divided shall within such period as may be determined by the Superintendent, surrender his title to such land and he shall, after the land referred to in section 241has been vested in the State, be granted a new title or titles in lieu thereof for the unexpired period of the title surrendered and on the terms and conditions then usual for grants or leases of the State land, being a document or documents of title which would permit the land to be used in accordance with the conditions of the approved plan.
S.245 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-245. Restrictions inconsistent with approved plan.
(1) When the purposes for which any land may be used are restricted by the provisions of any written law and such restrictions are inconsistent with any conditions or requirement imposed by the State Planning Authority under this Part, such restrictions shall as regards any such land be suspended and of no effect.
(2) When the purposes for which any land may be used are restricted by conditions attached to the title thereto, and such restriction is inconsistent with any condition or requirement imposed by the State Planning Authority under this Part, the conditions attached to the title shall be deemed to have been modified or suspended accordingly.
S.246 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-246. Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the State Planning Authority or any member thereof in respect of any act, neglect or default, done or committed by them in such capacity.
S.247 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-247. Protection of the Director, Permanent Secretary to the Ministry for resource Planning and State Planning Authority.
No personal liability shall attach to the Permanent Secretary to the Ministry for Resource Planning, the Director, or any member of the State Planning Authority in respect of anything done or suffered in good faith under this Code, any any sums of money, damages or costs which may be recovered against the Permanent Secretary to the Ministry for Resource Planning or the Director or the State Planning Authority for anything done or suffered as aforesaid shall be paid out of the State Consolidated Fund.
S.247A PART X DEVELOPMENT AND SUB-DIVISION OF LAND-247A. Delegation of powers.
A Superintendent may, with the approval of the State Planning Authority and subject to such conditions as may be imposed, delegate the exercise of any of the powers conferred upon him relating to sub-division and development of land under this Part to a local authority or any other person.
[Ins. by Cap. A61]
S.248 PART X DEVELOPMENT AND SUB-DIVISION OF LAND-248. Rules.
*(1) The State Planning Authority may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, makes rules generally for carrying out the provisions of this Part and, in particular, such rules may provide for:
(a) the regulating of legal access, road reserve widths and cross-section, road junction and pedestrian access;
(b) the regulating of car parking requirements and the provision of car parking spaces;
(c) the regulating of sub-divided lot sizes, plot coverage and plot ratios, sitting of building, building setbacks, sizes, height, lengths and widths;
(d) the regulating of residential densities;
(e) the regulating of the provision of open spaces and the design thereof;
(f) the regulating of standard affecting other types of development such as petrol service station and electrical substation;
(g) the regulatin
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