Malaysia legislation

Section 15

of Country Land Utilization Ordinance 1962

Section 15

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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

(6)

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.

(7)

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.

(8)

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”.

(9)

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.

Section 15 — Country Land Utilization Ordinance 1962