Section 108

no such land may at any time be transferred, leased, transmitted or charged to any person other than a Malay.

For this purpose “lease” does not include a tenancy for a term not exceeding three years or a lease for a term exceeding three years but not exceeding thirty years;

(aa) no tenancy or lease granted in respect of any such land to any person other than a Malay may at any time be transferred to any person other than a Malay; and no subtenancy or sublease of whatever form or duration shall be granted to any person in respect of any such land from any tenancy or lease granted to any person other than a Malay;

no lien by deposit of the issue document of title for any such land as security for a debt shall be capable of being created in favour of any person other than a Malay, and no caveat in support of such lien by deposit shall be capable of registration under the National Land Code;

78 Laws of Malaysia ACT 518

no caveat, not being a caveat as is referred to in paragraph (b) or a Registrar’s caveat under the National

Land Code, against the title for any such land shall be capable of registration under the National Land Code in any case where the caveator is not a Malay, or in any case where the caveator is acting as agent, his principal is not a Malay;

every trust or alleged trust, whether such trust be express, implied or constructive, which purports to be created in respect of any such land by the proprietor in favour of or for the benefit of any person who is not a

Malay shall be null and void and shall be incapable of being enforced by any Court;

no grant of probate or letters of administration shall operate to vest any such land in any executor or administrator who is not a Malay;

no power of attorney or any form of agency in respect of the land shall be capable of being granted to, or created in favour of any person who is not a Malay.

Notwithstanding paragraph (1)(a), land subject to this Part may be charged to any person or body specified in the Sixth Schedule or transferred to any person or body specified in the Seventh

Schedule.

For the purposes of paragraph (1)(e) the *Public Trustee or

Official Administrator shall be deemed to be a Malay.

Any transfer, lease, transmission or charge contrary to paragraph (1)(a) shall not be valid for the purpose of registration under this Part and shall not be capable of registration under the

National Land Code.

*NOTE—All references to “Public Trustee or Official Administrator” shall be construed as

“Corporation”–see section 2 and subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].

National Land Code (Penang and Malacca Titles)

No action for breach of contract shall lie in respect of any dealing in or disposal of or any attempt to deal in or dispose of any land subject to this Part contrary to subsection (1) and no rent paid in pursuance of such dealing or attempt shall be recoverable in any

Court.

The State Authority may from time to time, by order published in the Gazette, add to, delete from or amend the Sixth

Schedule or the Seventh Schedule.

Liability of land to forfeiture where a Malacca Customary Land company ceases to be such