Malaysia legislation
Section 45
Section 45
Amendment of Fifth Schedule
The Fifth Schedule to the principal Act is amended—
(a)
in paragraph 1—
(i)
by substituting for the words “For the purposes of this Schedule—” the words “In this Schedule, unless the context otherwise requires—”;
(ii)
by inserting after the definition of “computer printed document of title” the following interpretation:
‘ “computer printed issue document of title” means an issue document of title prepared by use of a computer;’;
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(iii)
by substituting for the full stop at the end of the definition of “Computerization System of Strata
Titles” a semicolon and by inserting after that definition the following definitions:
‘ “the Act” means the Strata Titles Act 1985
[Act 318];
“the Code” means the National Land Code 1965
[Act 56/1965].’;
(b)
in paragraph 4—
(i)
by substituting for subparagraph (2) the following subparagraph:
“(2) The Registrar shall, when delivering the computer printed issue document of title to the proprietor, also deliver to him a copy of the plan attached to Form
S(K) duly authenticated under the hand and seal of the
Director of Survey.”; and
(ii)
by inserting after subparagraph (2) the following subparagraph:
“(3) The Registrar shall keep in the Land Registry a copy of the certified strata plan to which the certified strata plan relates as approved by the Director of Survey under paragraph (13)(1)(c) of the Act. The copy of the certified strata plan shall be duly authenticated under the hand and seal of the Director of Survey.”;
(c)
in paragraph 5—
(i)
in subparagraph (6), by inserting after the words
“Form 2(K)”, the words “3(K),”; and
(ii)
by substituting for subparagraph (7) the following subparagraph:
“(7) In respect of an existing document of title prepared under the Code, the computer printed document of title shall be deemed to be a process for the preparation of title-in-continuation under this Schedule.”;
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Strata Titles (Amendment)
(d)
by inserting after paragraph 6 the following paragraph:
“Mode of preparing a computerized strata register record 6a. (1) For the purpose of subsection 15(2) of the Act, the
Registrar shall, by this Schedule, prepare and maintain a computerized strata register record relating to one lot and, every such book shall contain—
(a)
a computerized document of strata register index in
Form 2(K);
(b)
subject to subparagraph (2), a computerized document of strata register statement in
Form 3(K);
(c)
a copy of the certified strata plan approved by the Director of Survey pursuant to paragraph 13(1)(a) of the Act; and
(d)
every computer printed register document of title in Form 4(K) or in Form 4a(K), as the case may be.
(2)
Notwithstanding paragraph 15(2)(b) of the Act, every computerized strata register record under this
Schedule shall exclude a statement in Form 3(K) if all those memorials, endorsements and other entries appearing in that preceeding Form 3 upon conversion under paragraph 5, is no longer affecting any of the parcels or provisional blocks or any strata title or provisional strata title which is subsidiary thereto.”; and
(e)
by inserting after paragraph 14 the following paragraph:
“Reference to Fourteenth Schedule