Malaysia legislation
Section 39A
Section 39A
⎯(1) Whenever any land is alienated for agricultural purposes, the following implied conditions shall apply thereto⎯
(a)
that the land shall not at any time be used for any purpose other than agriculture; and
(b)
that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (2).
(2)
The purposes referred to in subsection (1)(b) are the following:
(a)
agriculture;
(b)
(i)
one dwelling house for the proprietor of the land or, where he is not resident thereon, his agricultural tenant;
(ii)
such other buildings as may be necessary for accommodating any domestic servants of the proprietor or of his agricultural tenant, or persons employed on the land in connection with the use of the land for agricultural purposes; and
(iii)
such non-resident buildings as may reasonably be required by the proprietor or his agricultural tenant for purposes connected with land used by them for agricultural purposes as may be approved by the Superintendent:
Provided that the land shall be used predominantly for agricultural purposes.
[Ins. Ord. No. 2/74.]
Replacement of Occupation Tickets 40.⎯(1)
Where land which has been included in a provisional lease issued under section 28, or in an Occupation Ticket issued under section 21 of the former Land Ordinance [Cap. 27 (1948 Ed.)] has been surveyed to the satisfaction of the Superintendent, then, upon application being made to him by the person rightfully entitled to the land in the provisional lease or Occupation Ticket, as the case may be,
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or at his discretion if no such application is made, the Superintendent may issue a lease in the prescribed form in place of the provisional lease or Occupation Ticket.
(2)
A lease issued pursuant to subsection (1) shall be for the balance of the term, if any, stated in the provisional lease or
Occupation Ticket or, where no term is stated, for a term in accordance with prescribed rules, and shall be deemed to be subject to all charges and other interests to which the provisional lease or
Occupation Ticket was subject at the time of the issue of the lease.
(3)
Where a lease has been issued pursuant to subsection (1), the rent payable in respect of the land shall be liable to revision if there has been an alteration in area, but the holder of a provisional lease or Occupation Ticket shall not be entitled to any compensation because of any reduction in area which may have resulted from the survey.
(4)
Any Occupation Ticket issued before the 1st day of
January, 1958, in respect of land which was not immediately prior to that date either town or suburban land under the former Land
Ordinance shall, in the absence of any contrary intention either contained in such Occupation Ticket expressly or by necessary implication or expressed by any entry in the register kept under the former Land Ordinance [Cap. 27 (1948 Ed.)], be deemed to have been issued subject to a special condition that the land to which it relates should be used for agricultural purposes only.