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In forceUpdated to 15 Oct 2020
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Chapter 3 · Implied conditions

Section 117

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(1)

Where any alienated land is subject by virtue of any provision of this Act to the category “industry”, the following implied conditions shall, subject to subsection (2), apply thereto:

(a)

that it shall be used only for industrial purposes, that is to say, for the purposes of the erection or maintenance of factories, workshops, foundries, warehouses, docks, jetties, railways or other buildings or installations for use for or in connection with one or more of the following purposes:

(i)

manufacture;

(ii)

smelting;

(iii)

the production or distribution of power;

(iv)

the assembling, processing, storage, transport or distribution of goods, or other commodities;

(v)

such other purposes as the State Authority may prescribe for the purposes of this section by rules under section 14;

(b)

that the industry shall commence operations within three years of the relevant date and that every building or installation thereon (whensoever erected or installed)

shall be maintained in repair;

(c)

that no such building or installation shall be demolished, altered or extended without the prior consent in writing of the appropriate authority:

148

National Land Code 211

Provisions of the

National Land Code

Modification

Subparagraph 117(1)(a)(v)

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”.

Provided that the condition specified in paragraph (a) shall not prevent the maintenance or erection on the land of any building used or to be used—

(i)

for the provision of educational, medical, sanitary or other welfare facilities for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any person employed for industrial purposes by, the proprietor or any other such person;

(ii)

for any purpose which the State Authority may think fit to authorize in the particular circumstances of the case.

(1a)

In subsection (1) “relevant date” means the date on which any part of the land first became subject to the category.

(2)

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.

Agricultural Land Alienated under Qualified Title

Report

Chapter 4

Express conditions and restrictions in interest

Chapter 5

Enforcement of conditions

Chapter 1

Subdivision of lands

Chapter 2

Partition of lands

Chapter 3

Amalgamation of lands

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Chapter 2

The subsidiary register 161—163..

Chapter 3

Final title in continuation of final title

Chapter 4

Replacement of register document of final title

Chapter 3

Chapter 2

Alienation under qualified title

Chapter 3

Final title and qualified title in continuation

Chapter 4

Conversion of qualified title into final title

Chapter 1

Powers of leasing, etc.

Chapter 2

Express and implied provisions

Chapter 3

Forfeiture

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules