Malaysia legislation
Article 83
Article 83
Acquisition of land for federal purposes
(1)
If the Federal Government is satisfied that land in a
State, not being alienated land, is needed for federal purposes, that
Government may, after consultation with the State Government, require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation, or to such public authority as the Federal Government may direct, such grant of the land as the Federal Government may direct:
Provided that the Federal Government shall not require the grant of any land reserved for a State purpose unless it is satisfied that it is in the national interest so to do.
(2)
Where in accordance with Clause (1) the Federal Government requires the State Government to cause to be made a grant of land in perpetuity, the grant shall be made without restrictions as to the use of the land but shall be subject to the payment annually of an appropriate quit rent and the Federation shall pay to the
State a premium equal to the market value for the grant; and where the Federal Government so requires the State Government to cause to be granted any other interest in land, the Federation shall pay to the State the just annual rent therefor and such premium, if any is required by the State Government, as may be just:
Provided that if the value of the land has been increased by means of any improvement made (otherwise than at the expense of the State) while the land was reserved for federal purposes, the increase shall not be taken into consideration in determining the market value, rent or premium for the purposes of this Clause.
(3)
Where a requirement is made under Clause (1) in respect of any land which, at the date of the requirement, was intended for any State purpose, then if—
(a)
other land is acquired by the State for that purpose in substitution for the first-mentioned land; and
(b)
the cost of the land so acquired exceeds the amount paid by the Federation (otherwise than as rent) in accordance with Clause (2) in respect of the interest granted to the
Federation, the Federation shall pay to the State such sum as may be just in respect of the excess.
77
[Article 83]
Federal Constitution
Art. 83
See Art. 88.
Clause (5): See Art. 84(1)(a).
Clause 5(a): See Art. 88(b).
Federal Constitution
(4)
Where a further grant is made in pursuance of this Article in respect of land an interest in which is vested in the Federation or any public authority, any sums payable by way of premium under Clause (2) in respect of the further grant shall be reduced by an amount equal to the market value of any improvements made (otherwise than at the expense of the State) since that interest became vested as aforesaid.
(5)
The foregoing provisions of this Article (except Clause (3))
shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications:
(a)
in Clause (1), the words “after consultation with the State
Government” shall be omitted;
(b)
where a requirement is made under that Clause, it shall be the duty of the State Government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement;
(c)
any expenses incurred by the State in or in connection with the acquisition of land in accordance with paragraph (b)
shall be repaid by the Federation, except that if the acquisition is by agreement the Federation shall not, unless it is party to the agreement, be liable to pay more than it would have paid on a compulsory acquisition;
(d)
any sums paid by the Federation to the State in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of Clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the Federation under that Clause.
(6)
Where a grant is made to the Federation in pursuance of
Clause (1) in respect of land which, or an interest in which, was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, paragraph (d) of
Clause (5) shall apply to the sums paid in respect of the acquisition by the Government of the Federation of Malaya as if they were sums paid by the Federation in accordance with paragraph (c) of
Clause (5); and Clause (3) shall not apply to any such land.
78
[Article 83]
Federal Constitution
Art. 83—(cont.)
Clause (8): Inserted by Act A704, section 3, in force from 10-06-1988.
Federal Constitution
(7)
Nothing in this Article shall prevent the reservation of land in a State for federal purposes on such terms and conditions as may be agreed between the Federal Government and the Government of the State, or affect the power of the appropriate authority in a State to acquire in accordance with any law for the time being in force any alienated land for federal purposes without a requirement by the Federal Government under this Article.
(8)
Nothing in this Article shall prevent the making of a grant of land in a State to the Federation, on such terms and conditions as may be agreed between the Federal Government and the Government of the State, without a requirement by the
Federal Government under this Article.