Malaysia legislation

Article 90

of Federal Constitution

Article 90

Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu

(1)

Nothing in this Constitution shall affect the validity of any restrictions imposed by law on the transfer or lease of customary land in the State of Negeri Sembilan or the State of

Malacca, or of any interest in such land.

(1a)

For the purpose of Clause (1)—

(a)

“transfer” includes any charge, transmission or vesting, or creation of any lien or trust, or entry of any caveat, or any other form of dealing or disposal of whatever description or nature; and

(b)

“lease” includes any tenancy of whatever form or duration.

(2)

Notwithstanding anything in this Constitution, the existing law in the State of Terengganu with respect to Malay holdings shall continue in force until otherwise provided by an Enactment of the Legislature of that State passed and approved as described in Clause (1) of Article 89.

(3)

Any such Enactment of the Legislature of the State of

Terengganu may make provision for Malay reservations corresponding with the existing law in force in any other State of a Ruler; and in that event the said Article 89 shall have effect in relation to

Terengganu subject to the following modifications, that is to say:

(a)

in Clause (1), for the reference to land which immediately before Merdeka Day was a Malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said Enactment, was a Malay holding; and

(b)

subject as aforesaid, any reference to the existing law shall be construed as a reference to the said Enactment.

Article 90 — Federal Constitution | mylaw.my