Malaysia legislation
Section 24
of PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967
Section 24
(a)
upon the expiration of the tenancy agreement;
(b)
in the event of the death or incapacity or otherwise of the tenant;
(c)
if the landlord satisfies the Committee that the tenant has been guilty of bad husbandry so as to cause damage to land or to impair its value;
(d)
if the landlord satisfies the Committee that the tenant has wilfully refused to sign, execute or renew the tenancy agreement under section 7;
(e)
if the landlord satisfies the Committee that the tenant has contravened or failed to observe any of the implied conditions; and
(f)
where the landlord desires to cultivate the land himself.
(2)
In the case of paragraph (1)(b), any person or member of the family of the tenant who is actually cultivating the land may apply to the Committee for an order transferring the tenancy agreement to him; and upon the Committee making such order, the register shall be amended by substituting for the name of the tenant the name of such person or member of the family of the tenant.
(3)
No order for the recovery of possession of any land comprised in a tenancy agreement shall be made under paragraph
(1)
unless—
(a)
the landlord shall have given one year’s notice in writing to the tenant that he requires the land for cultivation by himself;
(b)
within thirty days from the date of service of the notice under paragraph (a), the landlord makes an application to the Committee for the eviction of the tenant; and
(c)
the Committee is satisfied having regard to all the circumstances that the amount of land of which the landlord desires to retake possession is reasonable.
Padi Cultivators (Control of Rent and
Security of Tenure)
(4)
If it is shown to the Committee that the landlord who has obtained an order of possession under paragraph (1)(f) is not cultivating the padi land wholly or substantially by his own resources at any time within three years of the date of the order of possession, the Committee may make an order restoring the tenant into possession of the land.
(5)
In the event of the landlord being granted an order of possession under paragraph (1)(b) or (f), the Committee may award compensation to the tenant for any improvement of a permanent nature which have been made by the tenant during the period of the tenancy and which were agreed to by the landlord.
Stay of execution