Malaysia legislation
Section 114
Section 114
Implied conditions affecting all alienated land
All alienated land shall be subject to the following implied conditions relating to the boundary marks thereof:
(a)
that the proprietor will take all reasonable steps to prevent their damage, destruction or unlawful removal;
(b)
that the proprietor will, if any of them are damaged, destroyed or unlawfully removed, give immediate notice of the fact to the Land Administrator, or to the penghulu having jurisdiction in the area in which the land is situated;
(c)
that the proprietor will, if so required by the Land
Administrator, pay the cost of repairing or, as the case may be, replacing any of them which may have been damaged, destroyed or unlawfully removed; and
(d)
that the proprietor will, if so required by the Land
Administrator, at his own expense clear any boundary line between any of them.
Category: Agriculture
Implied conditions affecting land subject to the category
“agriculture”
*115. (1) Where any alienated land is subject by virtue of any provision of this Act to the category “agriculture”, the following implied conditions shall, subject to subsection (3), apply thereto:
(a)
that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (4);
* In this section, in respect of underground land, substitute for the words “area” and “area of the land” wherever appearing therein the words “stratum” and “stratum of the underground land”
respectively—see P.U. (A) 204/1997.
(b)
that a bona fide commencement of cultivation of the land shall be made within twelve months of the relevant date;
(c)
that the whole area of the land, other than any part thereof—
(i)
occupied by or in conjunction with a building
(whenever erected) used for one or more of the purposes specified or referred to in subsection (4); or
(ii)
used for any of the purposes mentioned in paragraph (e) of that subsection, or any other purpose which the State Authority may specially authorize, shall be brought fully under cultivation within three years of the relevant date;
(d)
that the area of the land referred to in paragraph (c) shall be maintained and cultivated according to the rules of good husbandry; and
(e)
that the said area shall be continuously cultivated:
Provided that the condition specified in paragraph (e) shall be regarded as complied with in the case of any area so long as any period during which less than the whole thereof is cultivated does not exceed twelve months.
(2)
In subsection (1) “relevant date” means the date on which the land became subject to the category:
Provided that, where any land becomes subject to the category on its amalgamation with other land already so subject, the date on which a register document of title to the amalgamated area is first registered shall become the relevant date as respects the whole of that area.
144
Act 828
National Land Code 203
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Paragraph 115(4)(f)
In its application to the Federal Territory of Kuala
Lumpur, the reference to the “State Authority”
shall be construed as reference to the “Minister charged with the responsibility for lands in the
Federal Territory”.
In its application to the Federal Territory of
Putrajaya, reference to “State Authority” shall be construed as reference to “Minister charged with the responsibility for lands in the Federal Territory”.
In its application to the Federal Territory of Labuan, references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”.
Act 828
National Land Code
National Land Code 205
(3)
The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4)
The purposes referred to in paragraph (1)(a) are the following:
(a)
the purposes of a dwelling house for the proprietor of the land or any other person lawfully in occupation thereof; or for the servants of, or any persons employed for agricultural purposes by, the proprietor or any other such person:
Provided that the dwelling house for the proprietor of the land or any other person lawfully in occupation thereof shall not occupy more than one-fifth of the whole area of the land or two hectares, whichever is the lesser;
(b)
the purposes of agriculture;
(c)
the purpose of extracting or processing raw material from any agricultural produce of such land;
(d)
the purpose of preparing for distribution any such material or produce, or any honey-bees, livestock or reptiles kept or bred on such land, or the produce of such livestock or aquaculture on such land;
(e)
the purposes of providing educational, medical, sanitary or other welfare facilities, including (so far as they are provided primarily for use by persons employed on the land) facilities for the purchase of goods and other commodities;
(f)
any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
(g)
any purpose which the State Authority may think fit to authorize in the circumstances of any particular case;
(h)
any purpose incidental to a purpose falling within any of the preceding paragraphs.
Category: Building
Implied conditions affecting land subject to the category
“building”