National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Revision of rent
102. Power in respect of lands alienated before commencement
Feedback & supportThe State Authority may, direct with respect to any class or description of lands alienated before the commencement of this Act that, as from the beginning of such calendar year as may be specified in the direction, rent shall become payable at the standard rate in the case of all such lands other than any which are already subject to a higher rate.
The rate of rent specified in any direction under this section shall be a rate per hectare or lesser unit of area.
rent
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…
A direction under this section shall apply to any land notwithstanding that it is held rent-free, or subject to any express provision in the document of title that the rent thereby reserved shall not be capable of revision.
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
The power conferred by this section shall not be exercised more than once in respect of any class or description of land.
The operation of this section shall not be affected by paragraph 4(2)(j).
In subsection (1) “the standard rate” means in respect of lands in a State the rate of rent for the lands of the class or description in question as prescribed in the rules of that State relating to land rent which are in force at the time when the direction under this section takes effect.
*(7) Notwithstanding subsection (6), the standard rate for all lands in the State (except lands the title to which is entered in the Malacca Customary Land Register) shall be—
in the case of land used for building or industrial purposes, the rate provided by the Lands Rules, 1923, of the Straits
Settlements [S.S. G.N. 2050 of 1923] as in force on the 31 December 1965;
* These subsections shall only have application to the State of Malacca—see P.U. 91/1967.
in the case of land used for agricultural purposes, the average rate charged in the State for the three years immediately preceding the commencement of this Act, ascertained in accordance with subsections (8)
and (9).
*(8) For the purposes of subsection (7)—
the average rate for land in a town or village held under a grant or State lease and used for building or industrial purposes, shall be deemed to be 50 sen per 1,000 square feet;
the average rate for land held under a grant (first grade)
shall be deemed to be—
in the case of land used for building and industrial purposes 50 sen per 1,000 sq. ft.
in the case of land used for cultivation of rubber
RM10.00 per acre per annum;
in the case of land used for cultivation of fruits
RM8.40 per acre per annum;
in the case of land used for cultivation of coconuts
RM7.40 per acre per annum;
in the case of land used for cultivation of padi, nipah or sagu
RM5.00 per acre per annum; and
* These subsections shall only have application to the State of Malacca—see P.U. 91/1967.
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the average rate for land of an area of five acres or more held under a grant or State lease and used for cultivation of rubber shall be deemed to be ten ringgit per acre per annum.
*(9) In a case where subsection (8) does not apply—
the State Authority shall decide the average rate for the purposes of subsection (7) by whatever method appears to it to be most just and reasonable in the circumstances of the case; and
the decision of the State Authority shall be deemed to be a decision from which an appeal lies to the Court under section 418 of this Act.
Where a direction has been made under this section, the Registrar or Land Administrator shall, as soon as possible, amend the amount of rent endorsed on the document of title to, and payable in respect of, land affected by the direction by substituting the rent as directed for that amount; and where the land is held rent-free, endorse thereon the rent as directed and shall note the date of making the amendment or endorsement and the authority therefor and shall authenticate the same under his hand and seal.
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Part Seven—CONDITIONS AND RESTRICTIONS IN INTEREST
Interpretation and scope