Section 124
Power of State Authority to vary conditions, etc., on application of proprietor
of National Land Code (Revised - 2020)
(1)
The proprietor of any alienated land may apply to the
State Authority under this section for—
(a)
the alteration of any category of land use to which the land is for the time being subject or, where it is not so subject, for the imposition of any category thereon;
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Section 124
In its application to the Federal Territory of Labuan—
(1)
delete subsection (1a);
(2)
in subsection (7), delete the words “and shall present the same,”.
(b)
the rescission of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the removal from that document of the expression “padi”, or any other expression by virtue of which the land is subject for the time being to the implied conditions specified in section 119; or
(ba) the removal from the document of title of the expression
“rubber”, “kampung” or any other expression pertaining to land use, and the imposition of other express conditions pertaining to land use;
(c)
the amendment of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the imposition of any new express condition or restriction in interest:
Provided that the State Authority shall not entertain any such application unless it is satisfied with respect to every person or body having a registered interest in the land, or in occupation of any part thereof under any tenancy exempt from registration, either that he has consented thereto or that his consent ought in the circumstances of the case to be dispensed with:
Provided further that the State Authority shall not entertain any such application unless any rent due has been paid and if it relates to express conditions endorsed on the title by virtue of subsection 92b(2) and subsections 92d(2) and (6).
(1a)
Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land Board established under section 214a for its recommendations;
and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
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(1b)
Upon receiving any application referred to in subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note on the register document of title to the land to which the note relates.
(2)
Where the State Authority approves any application under paragraph (1)(a)—
(a)
it shall direct that the category of land use specified in the application be endorsed on the document of title to the land, and the existing category, if any, deleted; and
(b)
it may if it thinks fit direct that there shall also be endorsed on the document of title such new express conditions as are specified in the direction, being conditions relating to any of the matters mentioned in section 121 or 122;
and, as from the date on which the direction is carried into effect—
(i)
the land shall become subject to any conditions endorsed pursuant thereto and (according to the category of land use so endorsed) to the conditions implied by section 115, 116 or 117;
(ii)
there shall cease to apply to the land all conditions to which it was previously subject except those implied under section 114 and, where applicable, section 118.
(3)
Where the State Authority approves any application under paragraph (1)(b), it shall direct that the condition, restriction in interest or expression in question be struck off the document of title to the land or, in the case of any condition or restriction which is merely referred to in the document of title, that a note of its rescission be so endorsed.
(3a)
Where the State Authority approves any application under paragraph (1)(ba), it shall direct that the expression in question be struck off, and the new express conditions be endorsed on the document of title to the land.
(4)
The State Authority may approve any application under paragraph (1)(c) either in the terms in which it was submitted or, with the consent of the applicant and any other persons or bodies whose consent thereto was required under the proviso to that subsection, subject to such modifications as it may think fit, and shall, in either case, direct as appropriate—
(a)
the amendment of any condition or restriction in interest endorsed on the document of title to the land; or
(b)
the endorsement on that document of title of a note of the amendment of any condition or restriction which is merely referred to therein; or
(c)
the endorsement on that document of title of any new condition or restriction in interest.
(5)
Any direction given by the State Authority under this section may be made conditional upon all or any of the following matters:
(a)
the payment of a further premium;
(aa) the payment of any other charges as may be prescribed;
(b)
the reservation of a new rent;
(c)
compliance with such other requirements as the State
Authority may think fit.
(6)
No condition shall be imposed by virtue of this section which is inconsistent with any implied condition to which the land in question is for the time being subject under section 114
or 119, and no condition shall be amended by virtue of this section so as to become inconsistent with any such implied condition.
(7)
Upon approval by the State Authority under this section, the Land Administrator shall sign a memorandum in Form 7c in accordance with the direction of the State Authority and shall present the same, and on the memorial thereof being made, the 156
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Provisions of the
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Modification
Subsection 124a(1a)
In its application to the Federal Territory of Labuan, delete this subsection.
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Registrar shall make an entry on the register and issue documents of title to the land and shall note the date thereof and the authority therefor, and authenticate the same under his hand and seal of which the entry shall be made upon payment in accordance with subsection (8).
(8)
The rent and premium in any direction issued by the
State Authority under this section shall become due to the
State Authority at the time when it approves the application and the Land Administrator shall cause to be served on the proprietor a notice in Form 7g requiring him to pay such sum within the specified time and if any such sum is not paid within such time the approval of the State Authority shall thereupon lapse.
Simultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portions 124a. (1) The proprietor of any alienated land may apply to the
State Authority for the approval of the subdivision of the land and at the same time make an application under subsection 124(1)
in respect of the proposed subdivisional portions.
(1a)
Where the application relates to estate land—
(a)
the Land Administrator shall refer it to the Estate Land Board established under section 214a for its recommendations;
and
(b)
the Secretary of the Estate Land Board shall convey its recommendations as expeditiously as possible to the
Land Administrator.
(2)
Any application under subsection 124(1) in respect of the proposed subdivisional portions shall be in Form 7d, and shall be treated and dealt with under section 124 as a separate application under subsection 124(1) in respect of each of the proposed subdivisional portions.
(3)
The approval of the application for subdivision and the approval of the application under subsection 124(1) in respect of the proposed subdivisional portions shall both be conditional upon the applicant satisfying in respect of all the subdivisional portions, within such period as the State Authority may specify, all the conditions that may be imposed under subsection 124(5)
in respect of each of the proposed subdivisional portions.
(4)
For the purpose of the application for subdivision under subsection (1), the application shall be treated as if it is an application under section 135 and the provisions of sections 136,
137, 138 and 139 shall apply in so far as they are not inconsistent with the provisions of this section, and in considering such application the State Authority shall have and may exercise all the powers of the State Director or the Land Administrator, as the case may be, or may direct the State Director or the
Land Administrator, as the case may be, to exercise all or any of them.