Malaysia legislation
Section 72
Section 72
In this Part and in Parts XI and XII unless the context otherwise requires-
“building” means any structure erected on land and includes but is not limited to any house, hut, shed or roofed enclosure, whether used for human habitation or otherwise, and also any wall, fence, platform, underground or above ground tank, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, fixed or floating landing-stage, swimming pool, bridge, railway lines, transmission lines, lines for telecommunications, cables, redifussion lines, overhead and underground pipelines and ducts, or any other structure, support or foundation, chimney, elevator, lift, escalator, hoist, fixed gantry, mast or tower for radar, television, telephone or wireless, weighbridge, well casing and liner, bin, bunker, hopper, silo, vat; including any plant or machinery, together with the appliances and structures accessory hereto, which is used or intended to be used mainly or exclusively in connection with the heating, cooling, ventilating, lighting, draining, supplying of water, generation and distribution of electricity, extraction, processing, storage and distribution of oil and gas, security or protection from fire for such building above defined;
“holding” means the area of land under a separate document of title and, in the case of subdivided buildings, the common property and any parcel thereof and includes messuages, buildings, easements and hereditaments of any tenure whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority:
Provided that, in the case of any utilities undertaking, “holding” shall include all property assets including those without separate document or title;
“property” means any holding or any land with or without buildings thereon, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;
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“rateable value” means the estimated gross annual rent at which any property might reasonably be expected to let from year to year if the landlord undertook to pay any
State rent, the cost of repair and maintenance, insurance, all public rates and taxes and any other expenses necessary to maintain such property in a state to command such rent:
(a)
in estimating the rateable value of any property, except in any case where valuation is on the profits bases, in or upon which there is any machinery used for any of the following purposes:
(i)
the making of any article or part of an article;
(ii)
the altering, repairing, ornamenting or finishing of any article;
(iii)
the adapting for sale of any article, the enhanced value given to the property from the presence of such machinery shall not be taken into consideration, and for the purpose of this definition, “machinery” includes the steam engine, boilers and other motive power belonging to that machinery and “article” does not include electricity;
(b)
in the case of any land-
(i)
which is partially occupied or partially built upon;
(ii)
which is vacant, unoccupied or not built upon;
(iii)
with an incomplete building; or
(iv)
with building which has been certified by the Authority to be abandoned or dilapidated or unfit for human habitation, the rateable value shall be, in the case of subparagraph (i), either the rateable value as hereinbefore defined or ten per centum of the open market value thereof at the absolute discretion of the Authority, and in the
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case of subparagraphs (ii), (iii) and (iv) the rateable value shall be ten per centum of the open market value thereof as if, in relation to subparagraphs (iii) and (iv), it were vacant land with no buildings thereon and in all cases the Authority may, with the approval of the Minister, reduce such percentages to a minimum of five per centum;
(c)
where in respect of any particular property, in the opinion of the Authority, there is insufficient evidence to base a valuation of rateable value upon, the Authority may apply such methods of valuation as in its opinion appears appropriate to arrive at the rateable value and, in any case where the rateable value is assessed by reference to the open market value or cost of the property, the rateable value shall be deemed to be the sum which is equivalent to the annual interest at ten per centum, although in all cases the Authority may, with the approval of the Minister, reduce such percentage to a minimum of five per centum;
(d)
where any holding is owned in undivided shares and it is evident from inspection that the different owners enjoy beneficial use of defined separate parts of the holding, the Authority may in its absolute discretion separately assess each such part for the convenience of the owners provided that all the co-owners shall together remain liable for the payment of the rates charged in respect of such part;
(e)
in assessing rateable value the state of repair of any building is to be ignored so that each building is assumed for assessment purposes to be in good and tenantable repair;
“rent” includes any premium or other consideration and, in the case of sub-tenancies, the rent payable by the principal tenant together with rent payable by sub-tenants less the rent assessed to be payable by the principal tenant in respect of any part of the property reserved wholly or partly for his use, and in the case of property including piers, wharves, and public utility undertakings which are not normally rented the rateable value shall be deemed to be the gross receipts from which are deducted the working expenses, cost of maintenance and the tenant’s share of profits:
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Provided that where the whole or any part of the benefit of occupation is received other than in money, it shall be expressed in terms of money and deemed to be, or included in, the gross receipts as the case may be.