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Section 94

of National Land Code (Penang and Malacca Titles) Act 1963

ActIn forceProvision 93 of 130

Section 94

(1)

In this Part, unless the context otherwise requires—

“certificated land” means any customary land subject to Chapter 3

of this Part;

“certificated person” means any person to whom a certificate has been issued under section 104, or who, not being a Malay, is deemed to be a proprietor under paragraph 99(c);

“customary land” means land which, immediately before the appointed day, was customary land within the meaning of the

Ordinance and includes land in respect of which the title had been endorsed under subsection 109A(2) and land re-alienated or otherwise disposed of under subsection 109B(3);

“customary landholder” means a person who, immediately before the appointed day, was registered under the Ordinance as the holder of customary land;

“Malacca Customary Land Register” has the meaning assigned by section 102;

“Malacca Customary Land company” means a company incorporated pursuant to any written law for the time being in force in relation to companies—

(a)

all members of which are Malays;

National Land Code (Penang and Malacca Titles)

(b)

the articles of association of which prohibit the transfer of its shares to any person who is not a Malay; and

(c)

one of the objects of which is to deal in customary land;

and a Malacca Customary Land company, as so defined, shall, for the purpose of this Part, be deemed to be a Malay;

“Malay” means a person who professes the religion of Islam, habitually speaks Malay language, conforms to Malay custom and—

(a)

was before Merdeka Day born in the Federation or born of parents one of whom was born in the Federation, or was on that day domiciled in the Federation; or

(b)

is the issue of such a person;

“Ordinance” means the Malacca Lands Customary Rights

Ordinance of the Straits Settlements as in force in the State of

Malacca immediately before the appointed day, and repealed by section 96;

“State Authority” means the Yang di-Pertua Negeri of the State who shall act in accordance with the advice of the State Executive

Council or a member thereof acting under the general authority of the

Council.

(2)

(Deleted by Act A731).