Country Land Utilization Ordinance 1962

There is hereby established a committee, to be called the Land Advisory

Committee, which shall consist of ―

The members of the Committee mentioned in paragraphs (a) and (b) of subsection

shall be appointed by the Yang di-Pertua Negeri and shall hold office for such period as the

Yang di-Pertua Negeri may determine.

Procedure of Committee.

The Committee may make standing orders for the regulation of its proceedings and business and until such orders are made, or in respect of any matter for which no provision is made by such orders, the Committee shall conduct its business in such manner as the

Chairman may determine.

At any meeting of the Committee three members shall constitute a quorum.

Any member of the Committee who has any financial or other interest (other than an interest arising from general taxation or ordinary residence) in any matter coming before the Committee for determination shall disclose such interest to the Committee and shall not cast any vote on such matter.

Any document issued by or on behalf of the Committee shall be signified by the

Chairman or any person authorised thereto by the Committee.

Power to enter on land.

Where the Committee is of the opinion that any specified land should be brought under cultivation it may serve a notice upon the owner thereof, and upon all persons interested therein, requiring such owner, within a period of one year from the service of such notice upon him, to submit to the Committee a scheme for the efficient cultivation of such land having regard to the availability or otherwise of labour in the area concerned and all other factors relating to such cultivation.

The Committee shall cause a copy of every development notice to be delivered to the Registrar.

Restriction upon dealings with specified land and upon registration of memoranda.

No specified land in respect of which a development notice has been served shall be transferred, subdivided, subleased, charged or otherwise disposed of without the written consent of the Committee, and the Committee may give or withhold such consent in its absolute discretion and without assigning any reason therefor.

The Committee may give a consent required by subsection (1) subject to any conditions it may think fit, including conditions specifying the maximum rental payable and the maximum amount, if any, which may be received as a premium, in respect of any land disposed of by a subdivision or sublease.

Upon receipt of a copy of a development notice the Registrar shall note the same against the title concerned and notwithstanding any provision of the Land Ordinance

6

[Cap. 68.] to the contrary, shall not register any memorandum in respect of any land comprised in such title unless the consent required by subsection (1) is produced to him with such memorandum.

For the avoidance of doubt it is hereby declared that the provisions of this section shall continue to have effect notwithstanding that a scheme has been approved in respect of the land concerned under the provisions of section 9.

Contents and approval, etc., of scheme.

Every scheme shall specify the period within which the land concerned shall be brought under complete cultivation, and such period shall not exceed ten years:

Provided that the Committee may, in its discretion, in any particular case allow a scheme to specify a period exceeding ten years if in its opinion such extended period is necessary in all the circumstances of such case.

The Committee may approve or reject any scheme submitted to it.

The Committee may, before approving any scheme, require the insertion therein of such conditions as it thinks necessary to ensure the proper implementation of such scheme and the continued effective cultivation of all land brought under cultivation under such scheme.

Appeals.

Any owner of, or any person interested in, any specified land who is aggrieved by ―

The Minister may make such inquiry as he shall think necessary to enable him to come to a decision upon any appeal made to him under this section.

Upon consideration of any appeal under this section the Minister may dismiss or allow such appeal or may vary any condition required to be inserted in a scheme under subsection (3) of section 9.

The decision of the Minister in any appeal under this scheme shall be final and shall be binding upon the Committee and upon the owner of and all persons interested in the specified land concerned.

Effect of approval of scheme.

Upon the final approval of a scheme by the Committee the Chairman shall certify a copy of such scheme and shall cause such copy to be delivered to the Registrar who shall deal with the same as if it were a memorandum delivered to him under section 96 of the Land

Ordinance [Cap. 68.]:

Provided that the certification of the Chairman shall be deemed to be sufficient compliance with the requirements of subsection (1) of section 97 of the said Ordinance.

Any condition incorporated in an approved scheme shall be deemed to have been incorporated in the lease of the land concerned, shall be endorsed upon the title thereof, and shall for all purposes be deemed to have been imposed under the provisions of subsection (4)

of section 53 of the Land Ordinance [Cap. 68.].

Where the owner of any specified land ―

The Committee, before making any recommendation under subsection (1), shall serve a notice of its intention so to do upon the owner of, and every person interested in, the land concerned.

No recommendation under subsection (1) shall be made until after the expiration of a period of three months from the date of the service of the last notice served under subsection (2), and during such period the owner of, or any person interested in, the land concerned may make written representation to the Committee showing why such recommendation should not be made, and the Committee may also hear oral representations in that behalf made by such owner or person.

If after consideration of any representations made under subsection (3) the

Committee decides to recommend the acquisition or sale of the land concerned, it shall forward to the Yang di-Pertua Negeri such recommendation together with ―

Where any specified land is to be acquired as a result of a decision under section 13 the purposes of this Ordinance shall be deemed to be a public purpose and the Yang di-Pertua Negeri shall make a declaration regarding such land under the provisions of section 3

of the Land Acquisition Ordinance [Cap. 69.] and thereafter the provisions of subsection (2)

apply.

In the acquisition of any specified land as a result of the operation of this

Ordinance ―

Where any specified land is to be sold by public auction as a result of a decision under section 13, the Yang di-Pertua Negeri shall cause a notice to that effect to be published in the Gazette and thereupon the Director shall take immediate steps to effect such sale, and may, subject to the directions of the Committee, subdivide such land for the purpose of such sale.

The Director shall cause such public notice to be given of any sale under this section as he may, in the interest of the parties or any of them, think advisable.

The amount of the reserve price at any sale under this section shall be the amount which, at the date of commencement of this Ordinance, would have been fixed as the premium payable upon the alienation of the land concerned had a lease thereof for period of

10

ninety-nine years been granted by the Government at that date.

The reserve price shall be communicated by notice to the owner of, and to any person interested in the land concerned not less than twenty-one days prior to the date fixed for the sale of such land, and such owner or person may, within fourteen days from the date of receipt by him of such notice, appeal to a judge whose decision thereon shall be final.

Pending the determination of an appeal under subsection (4) the sale of the land concerned shall be postponed.

The conditions of sale at a public auction under this section shall be settled by the

Director and shall include such conditions as to cultivation as the Committee may require, and upon such sale the provisions of subsection (2) of section 11 shall apply to such conditions as if they were conditions incorporated in an approved scheme.

The Director may postpone any sale under this section or, if upon the offer of land at public auction no sale is effected, may cause the land to be put up again for auction at some future date.

Section 146 to 148 inclusive of the Land Ordinance [Cap.68.] shall apply in the case of a sale under this section:

Provided that in such application the said sections shall be read as if the word “Director”

was substituted for the word “Collector” and the word “owner” was substituted for the word

“defaulter”.

The amount realised at any sale under this section, less the expenses necessarily incidental thereto, shall be paid by the Director to the person or persons lawfully entitled thereto and in the case of any dispute as to which person or persons are so entitled the Director may apply to the High Court for relief by way of interpleader.

Value in exceptional cases.

by delivering it to the person on whom it is to be served; or

by leaving it addressed to such person at his usual or last known place of abode or business; or

in the case of an incorporated company or body, by delivering it to the secretar y or clerk of such company or body at their registered or principal office or sending it in a registered prepaid letter addressed to such secretary or clerk at such office;

or

if it is practicable after reasonable inquiry to ascertain the name or address of the person upon whom it is to be served, by fixing it to some conspicuous part of the land to which such document relates.

Offences.

opposes, obstructs or impedes any person in the execution of his duty or the performance of his powers under this Ordinance; or

opposes, obstructs or impedes the lawful occupation, or taking of possession, of any land under this Ordinance; or

procures, or attempts to procure, by any means an amount in consideration of a subdivision or sublease which is in excess of an amount specified in any

12

condition imposed under the provisions of subsection (2) of section 8, shall be guilty of an offence and liable to a fine of one thousand ringgit or to imprisonment for three months.

Rules.