Malaysia legislation
Section 9
Section 9
Powers of the Director
(a)
for the purposes of this Act to enter upon and have free access to any land in the State, and to make enquiries and to do or cause to be done all things necessary for effecting the survey demarcation of the boundaries of any such land;
(b)
for the purpose of satisfying himself of the validity of any title or interest in land, or for any purpose of this
National Land Code (Penang and Malacca Titles)
17
Act, to call upon the holder (including a mortgagee, lessee or any other person who may have an interest in land) of any title or interest in land, or any class or description of such holders, to produce for inspection by him any document of original title or other deed or document in his or their possession, to require any person to give the Director information as to the whereabouts of any deeds or documents or as to the person or persons in whose custody they may be, and to take copies of or extracts from such deeds or documents;
(c)
for the purpose of deducing the title to any holding under this Act, all the powers conferred upon and the benefit of all the assumptions entitled to be made by a purchaser of land under any pre-existing law;
(d)
for the purposes of this Act to conduct enquiries and to administer oaths and affirmations, to examine any witness on oath or affirmation, to summon any person before him, to take and record the evidence of any such person, and to award costs to any person appearing and giving evidence before him;
(e)
to enter caveats on behalf of any person under the disability of infancy or unsoundness of mind or absence from Malaysia, or to prohibit the transfer of or any dealing with any land in any folio of the Interim
Register belonging or supposed to belong to any such person, and also to prohibit the dealing with any such land in any case in which it appears to him that an error has been made in the Interim Register, or for the prevention of fraud or improper dealing:
Provided that knowledge of the fact that land has been acquired or will be held by a proprietor acting in a fiduciary capacity shall not of itself be a ground for the entry of a caveat by the Director;
18 Laws of Malaysia ACT 518
(f)
all other powers conferred upon him by this Act, and all such powers ancillary or incidental thereto as may be reasonably necessary to carry out the purposes of this
Act.
(2)
The Director may by instrument under his hand and seal in
Form A, and subject to such conditions and restrictions as he may think fit, delegate to any Land Administrator all or any of the powers conferred on him by this Act, and either generally or with respect to any specified holding:
Provided that no such delegation shall affect the exercise of any such powers by the Director.
(3)
The Director of Survey and any other officer acting under his direction or control shall have all the powers conferred on the
Director by paragraph (1)(a).
(4)
Without prejudice to any other power conferred upon him by this Act, the Director may in respect of the Interim Register take all such action by way of making an endorsement, opening a new folio or otherwise as is necessary in his opinion to give effect in the
Register to the operation of, or the exercise (by himself, the Board, a
Court or any other person or authority) of any power under, this Act or any other written law.
(5)
Subject to this Act, the Director shall have in relation to each folio of the Interim Register the same powers and duties as the
Registrar has under the National Land Code in relation to a register document of title.
Powers of a Land Administrator