1 -1. Short title and savings.

(i) This Enactment may be cited as the Malay Reservations Enactment. (ii) No declaration of a Malay Reservation shall be deemed to be rescinded by reason of the passing of this Enactment. (iii) Nothing in this Enactment contained shall affect the provisions of the Customary Tenure Enactment of the State of Negri Sembilan. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

2 -2. Interpretation.

In this Enactment unless the context otherwise requires:   "Malay"  , means a person belonging to any Malayan race who habitually speaks the Malay language or any Malayan language and professes the Moslem religion; "Malay holding" includes- (a) any registered interest of a Malay as proprietor or co-proprietor in any alienated land included in a Malay Reservation duly declared and gazetted under the provisions of this Enactment: Provided that no such interest shall be deemed to be a Malay holding until there shall have been registered against the register document of title for such land a requisition in the Form A in the First Schedule as provided in section 6. [Am. by Ord. 25/54] (b) any registered interest of a Malay as proprietor or co-proprietor in any alienated land included in a Malay Reservation duly declared and gazetted under the provisions of the Malay Reservations Enactment, 1913.   "Malay Reservation"  means a Malay Reservation duly declared and gazetted

3 -3. Declaration of Malay Reservations.

(i) The Menteri Besar with the approval of the Ruler of the State in Council may by notification in the Gazette declare any area of land within the State to be a Malay Reservation. [Am. by F.M. 1/48] (ii) Such declaration shall describe with reasonable accuracy the limits and boundaries of such area of land, either by reference to boundaries of surveyed land or by reference to natural features or otherwise, as may to the Menteri Besar seem expedient, but it shall not be necessary for the purpose of such declaration to measure or survey the area therein referred to. [Am. by F.M. 1/48] (iii) Subject to the provisions of this Enactment such declaration shall take effect on the publication thereof in the Gazette , unless it be expressed to take effect at a later date therein specified in which case it shall take effect at the later date so specified. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

4 -4. Alteration and revocation of Malay Reservations.

(i) The Menteri Besar may at any time, with the approval of the Ruler of the State in Council by declaration published in the Gazette - [Am. by F.M. 1/48] (a) alter the limits or boundaries of any Malay Reservation, or (b) revoke any declaration whereby any land has been declared to be a Malay Reservation, either as to the whole or any part of the area therein referred to, or (c) include in any Malay Reservation any land excluded therefrom. (ii) Any such declaration shall take effect as provided in sub-section (iii) of section 3. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

5 -5. What land may be included in a Malay Reservation.

Any State land, reserved forest, land reserved for a public purpose or alienated land may be included in a Malay Reservation. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

6 -6. Provisions as to memorials on documents of title.

(i) Upon the publication in the Gazette of any notification comprising any declaration whereby any alienated lands are included in a Malay Reservation, the Collector of the district in which such lands are situate shall present to the proper registering authority a requisition in the Form A in the First Schedule containing a list of all alienated lands included in and affected by such declaration and requiring him to note in his registers of titles the fact of the inclusion of such lands in such Malay Reservation. [Am. by Ord. 25/54] (ii) Upon the registration of any fresh document of title for any land included in any Malay Reservation, whether such land became included therein before or after the commencement of this Enactment, the Collector of the district in which such land is situate shall present to the proper registering authority a requisition in the Form A in the First Schedule, requiring him to note in his register of title the fact of the inclusion of such land in such

6A -6A. Provisions as to memorials on documents of title upon revocation of a Malay Reservation.

(i) Upon the publication in the Gazette of any notification revoking any declaration whereby any land has been declared to be a Malay Reservation, the Collector of the district in which such land is situate shall present to the proper registering authority a requisition in the Form C in the First Schedule containing a list of all alienated lands affected by such revocation and requiring him to make memorials in his registers of titles cancelling the memorials made under section 6. [Am. by Ord. 25/54] (ii) Upon presentation of a requisition in the Form C in the First Schedule the proper registering authority shall make memorial thereof upon every register document of title included therein. [Am. by Ord. 25/54] (iii) When any memorial has been upon any register document of title for any land under the provisions of sub-section (ii) the proper registering authority shall by notice in the Form B in the First Schedule require the proprietor of such land or any other person in whos

7 -7. Restriction on alienation.

No State land included within a Malay Reservation shall be sold, leased or otherwise disposed of to any person not being a Malay: *Provided that the Ruler in council may alienate State Land within a Malay Reservation to any body corporate or company specified in the Third Schedule, which the Ruler in Council may, by order published in the Gazette , add to, delete from, or amend, from time to time: And provided further that any State Land thus alienated shall be deemed to be a Malay holding. *As applicable to Perak, Pahang & Selangor. [Perak En. No. 3/62; Pahang En. No. 1/62 & Sel. En. No. 15/61] For Negeri Sembilan, the provisos read as follows: Provided that the Ruler in council may alienate State Land within a Malay Reservation to any body corporat or company specified in the Third Schedule hereto, and the Ruler in Council may from time to time, by order published in the Gazette , add to, delete from, or amend any of the provisions of the Schedule hereto. And provided fu

8 -8. Restriction as to transfer, charges and leases.

(i) Subject to the provisions of sub-section (ii) and of sections 16 and 17 no Malay holding shall be transferred, charged, leased or otherwise disposed of to any person not being a Malay, and not memorandum of transfer, charge or lease in contravention of this section shall be capable of registration in any Land Office or Registry of Titles. (ii) If any land included in a Malay Reservation is sub-divided and sub-divisional titles registered therefor and one or more of the proprietors of such land are Malays and one or more of the proprietors of such land are persons who are not Malays and there are simultaneously presented to the proper registering authority cross-transfers of such sub-divisional titles, such cross-transfers may notwithstanding anything contained in sub-section (i) be registered by such proper registering authority. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

9 -9. Restriction as to dealings by attorneys.

Every memorandum of transfer, charge or lease of a Malay holding which is executed on behalf of the proprietor thereof by any person not being a Malay who purports to act as attorney of such proprietor shall be void and no such memorandum of transfer, charge or lease shall be capable of registration in any Land Office or Registry of Titles. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

10 -10. Restriction as to caveats based on lien by deposit of title.

No lien by deposit of the issue document of title for any Malay holding as security for a debt shall be capable of being created in favour of any person, and no caveat in support of any such lien by deposit shall be capable of registration in any Land Office or Registry of Titles. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

11 -11. Restriction as to other caveats.

No caveat not being such a caveat as is referred to in the last preceding section against the title for any Malay holding shall be capable of registration in any Land Office or Registry of Titles in any case where the caveator or, in any case where the caveator is acting as agent, his principal is not a Malay: Provided that nothing in this section contained shall prevent the registration of a caveat presented under the provisions of section 230 (f) of the Land Code. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

12 -12. Restriction as to bankruptcy. 8 of 1934.

No Malay holding shall vest in the Official Assignee on the bankruptcy of the proprietor thereof. Nothing in this section shall be deemed to affect the vesting of any Malay holding in the Official Assignee where the bankruptcy petition upon which the proprietor is adjudicated bankrupt was filed before the commencement of this Enactment. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

13 -13. Restriction as to attachments in execution. 8 of 1934.

No Malay holding shall be attached in execution of a decree or order of any Court unless the suit or proceeding in which such decree or order was made was instituted before the commencement of this Enactment. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

14 -14. Restriction as to trusts.

Every trust or alleged trust, whether such trust be express, implied or constructive, which purports to be created in respect of any Malay holding by the proprietor thereof in favour of or for the benefit of any person who is not a Malay shall be null and void and shall be incapable of being enforced by any Court. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

15 -15. Restriction as to grants of probate and letters administrations.

No grant of probate or of letters of administration shall operate to vest any Malay holding in any executor or administrator who is not a Malay. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

16 -16. Sales by encumbrancers.

(i) Subject to the provisions of sub-section (ii), if any land included in a Malay Reservation is encumbered, such land may be sold at the instance of the encumbrancer under the provisions of any law in force for the time being. (ii) No such land shall be sold to any person not being a Malay if at the date of the registration of the encumbrance the sole proprietor or each of the co-proprietors of such land was a Malay and- (a) such land was at such date included in a Malay Reservation duly declared and gazetted prior to the commencement of this Enactment, or (b) such land was at such date included in a Malay Reservation duly declared and gazetted after the commencement of this Enactment and the interest of such sole proprietor or of each of such co-proprietors as the case may be was a Malay holding within the meaning of paragraph (a) of section 2. (iii) In this section an "encumbrance" includes a charge, a caveat in support of a lien by deposit of document of title, an atta

17 -17. Lands may be charged or leased to Government and charged to certain Co-operative Societies.

(1) Notwithstanding any of the provisions contained in this Enactment the proprietor of any Malay holding may- (a) charge such holding to the Menteri Besar or to any co-operative society registered under the Co-operative Societies Enactment [Cap. 97] and approved by the Menteri Besar either generally or for the purposes of any particular case or to any person specified in the Second Schedule and may in favour of the Menteri Besar or of any such co-operative society or of any such person create, subject to the provisions of section 134 of the Land Code [Cap. 138] , a lien by deposit of the issue document of title for such holding; or (b) lease such holding to the Menteri Besar. [Am. by Ord. 25/54] (2) The Ruler of the State in Council may from time to time by order published in the Gazette add to, delete from or amend the Second Schedule. [Ins. by Ord. No. 25/54] [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

18 -18. Public Trustee and Official Administrator deemed to be Malays in certain cases.

Whenever any transfer of any land included in a Malay Reservation or of any undivided share therein to the Public Trustee as trustee for a Malay or any transmission of any Malay holding to the Public Trustee or to the Official Administrator as representative of a Malay is presented for registration to any proper registering authority, such transfer or transmission may be registered and in relation to such land or Malay holding the Public Trustee or the Official Administrator, as the case may be, shall be deemed to be a Malay. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

19 -19. Dealings contrary to Enactment void.

(i) All dealings or disposals whatsoever and all attempts to deal in or dispose of any Malay holding contrary to the provisions of this Enactment shall be null and void and no rent paid in pursuance of any such dealing disposal or attempts shall be recoverable in any Court. (ii) No action for breach of contract shall lie in respect of any dealing in or disposal of or any attempt to deal in or dispose of any Malay holding contrary to the provisions of this Enactment. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

20 -20. Decision in doubtful cases by the Ruler of the State in Council.

If any doubt shall arise as to whether any person is a Malay within the meaning of this Enactment or as to the mode of operation of this Enactment or the manner in which the provisions thereof are to be construed or carried into effect or otherwise in relation thereto, the same shall be referred through the Menteri Besar to the Ruler of the State in Council who shall decide the same, and every such decision shall be final and shall not be questioned or revised by any Court. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]

21 -21. Enactment to prevail against provisions of other laws.

If in any case any conflict shall arise between the provisions of this Enactment and the provisions of the Land Code, or of the Civil Procedure Code, or of the Powers of Attorney Enactment, the provisions of this Enactment shall prevail. [Subs. by G.N. 1149 of March 3rd, 1941, which was incorporated by G.N. 1186/39]