Section 13
Discretion to alienate
⎯(1) Subject to the direction of the Minister under section 3(1A), the Director may alienate State land, other than Native
Customary Land⎯
[Sub. Ord. No. 8/84.]
(a)
in perpetuity or for such terms as may be fixed by rules made under this Code for the respective classes of land referred to in such rules;
(b)
in consideration of the payment of an annual rent;
(c)
in consideration, unless the Majlis Mesyuarat Kerajaan
Negeri thinks fit to exempt therefrom in any particular case, of the payment of a premium, and where the alienation has been made in consideration of the payment of a premium, the amount of the premium shall be stated. The payment of the premium, if any, may be made either by a single payment or by instalments over a period not exceeding ten years as may be determined by the Superintendent;
[Am. Ord. No. 9/76; Am. Cap. A28.]
(d)
subject, unless the Director otherwise directs, to a category of land use being endorsed on the document of title; and
(e)
subject to any such other conditions and restrictions as may be imposed by the Director.
(2)
Subsection (1) shall apply with such modifications as may be necessary to the issue of licences or permits in respect of State land.
(3)
The powers hereby vested in the Director may be exercised by a Superintendent, subject to the Director’s instructions and the
Minister’s directions.
[Am. Ord. No. 18/71; Am. Ord. No. 8/84.]
(4)
The powers hereinbefore conferred shall include power to consent to modification of any conditions imposed by or on behalf of the Government, whether before or after the 1st day of January, 1958.
40
[Am. Ord. 18/71.]
(5)
Notwithstanding the powers conferred by this section,
State land shall not be alienated to any person except⎯
[Sub. Ord. 18/71.]
(a)
a natural person;
(b)
a corporation having power under its constitution to hold land;
(c)
a sovereign or government;
(d)
an organisation or other person authorized to hold land under the provisions of any law for the time being in force relating to diplomatic and consular privileges;
(e)
a body expressly empowered to hold land under any other written law; and
(f)
any person or body, not referred to in paragraphs (a) to
(e)
, approved by the Majlis Mesyuarat Kerajaan Negeri as a person or body who may be registered as the proprietor of land.
[Am. Ord. No. 9/76; Am. Cap. A28.]
(6)
Nothing in this section shall authorize the alienation of any
State land whereon a planted forest has been established pursuant to a licence issued under section 65B of the Forests Ordinance [Cap.
(1958 Ed.)], until and unless such land has been declared by the
Minister to have ceased to be part of the permanent forests of the
State, but no such declaration shall be made during the period of validity of such licence without the prior written consent of the holder thereof.
[Ins. Cap. A42.]