Malaysia legislation
Article 89
Article 89
Malay reservations
(1)
Any land in a State which immediately before Merdeka
Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Enactment of the Legislature of that State, being an Enactment—
(a)
passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than two-thirds of the members present and voting; and
(b)
approved by resolution of each House of Parliament passed by a majority of the total number of members of that
House and by the votes of not less than two-thirds of the members voting.
(1a)
Any law made under Clause (1) providing for the forfeiture or reversal to the State Authority, or for the deprivation, of the ownership of any Malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporate) holding the same ceasing to be qualified or competent under the relevant law relating to Malay reservations to hold the same, shall not be invalid on the ground of inconsistency with Article 13.
(2)
Any land in a State which is not for the time being a
Malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a Malay reservation in accordance with that law:
Provided that—
(a)
where any land in a State is declared a Malay reservation under this Clause, an equal area of land in that State which has not been developed or cultivated shall be made available for general alienation; and
(b)
the total area of land in a State for the time being declared as a Malay reservation under this Clause shall not at any time exceed the total area of land in that State which has been made available for general alienation in pursuance of paragraph (a).
82
[Article 89]
Federal Constitution
Art. 89
See Art. 90(3) & 161a(5).
Clause (1): See Art. 62(3) & 90(2).
Clause (1a): Added by Act A514, paragraph 7(a), in force from 15-05-1981.
Clause (3)
a. The words “and shall, in accordance with the existing law, immediately declare as a
Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.” were added after paragraph (b) by Act A514, paragraph 7(b), in force from 15-05-1981.
b. Paragraph (c) was repealed by Act A514, paragraph 7(b), in force from 15-05-1981
and read as follows:
“(c) in a case where any land ceases to be a Malay reservation, any land of a similar character and of an area not exceeding the area of that land.”.
Federal Constitution
(3)
Subject to Clause (4), the Government of any State may, in accordance with the existing law, declare as a Malay reservation—
(a)
any land acquired by that Government by agreement for that purpose;
(b)
on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land, and shall, in accordance with the existing law, immediately declare as a Malay reservation, in a case where any land ceases to be a
Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.
(4)
Nothing in this Article shall authorize the declaration as a Malay reservation of any land which at the time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest.
(5)
Without prejudice to Clause (3), the Government of any State may, in accordance with law, acquire land for the settlement of
Malays or other communities, and establish trusts for that purpose.
(6)
In this Article “Malay reservation” means land reserved for alienation to Malays or to natives of the State in which it lies; and “Malay” includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.
(7)
Subject to Article 161a, this Article shall have effect notwithstanding any other provision of this Constitution; but
(without prejudice to any such other provision) no land shall be retained or declared as a Malay reservation except as provided by this Article and Article 90.
(8)
The provisions of this Article shall apply to the Federal
Territories of Kuala Lumpur and Putrajaya in the like manner that they apply to a State, save that Clause (1) in its application to the Federal Territories of Kuala Lumpur and Putrajaya shall be modified to read that any land in the Federal Territory of Kuala
Lumpur or the Federal Territory of Putrajaya which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Act of
Parliament passed by a majority of the total number of members of each House of Parliament and by the votes of not less than two-thirds of the members present and voting in each House.
83
[Article 89]
Federal Constitution
Art. 89—(cont.)
Clause (7)
The words “Subject to Article 161a” at the commencement were inserted by Act 26/1963, section 70, in force from 16-09-1963.
Clause (8)
Added by Act A585, subsection 24(1), in force from 01-02-1974, and subsequently amended by Act A1095, section 17, in force from 01-02-2001 to include in the Federal Territory of
Putrajaya.
Note:
Article 89 of the Constitution shall not apply to the Federal Territory of Labuan and Article 8
of the Constitution shall not invalidate or prohibit any provisions of federal law for reservation of land for natives in the Federal Territory of Labuan or for alienation to them, or for giving them preferential treatment as regards the alienation of land in the Federal Territory of Labuan by the Federation—see subsection 18(2) of Act A585.