Section 127
Liability to forfeiture for breach of condition
of National Land Code (Revised - 2020)
(1)
Upon any breach arising of any condition to which any alienated land is for the time being subject—
(a)
the land shall become liable to forfeiture to the State
Authority; and
(b)
except in a case where a fine is imposed under subsection (1a), or where action for the purpose of causing the breach to be remedied is first required to be taken under section 128, the Land Administrator shall proceed with the enforcement of the forfeiture in accordance with section 129.
(1a)
Upon any breach as is referred to in subsection (1)
arising, the Land Administrator may, instead of taking action under section 128 or 129, serve a notice in Form 7e upon the proprietor, requiring him to show cause why a fine should not be imposed in respect of such breach.
(b)
Upon failure by the proprietor to show cause to the satisfaction of the Land Administrator, the Land Administrator may make an order for the payment of a fine of not less than five hundred ringgit, and in the case of a continuing breach, a further fine of not less than one hundred ringgit for each day during which the breach continues.
(1b)
Where a fine is paid upon an order made under paragraph (1a)(b), no action shall be taken under section 128 or 129 in respect of the breach.
(1c)
Notwithstanding subsection (1b), if the Land Administrator after due enquiry, is satisfied that the breach continues, he may serve a notice in Form 7f on the proprietor informing him of his intention to take action under section 128 or 129 upon the expiry of a period of six months from the date of service of the notice or at any time thereafter.
(2)
The acceptance on behalf of the State Authority of any item of land revenue due in respect of any alienated land shall not operate as a waiver of any right of forfeiture then existing in respect of the land by virtue of this section.
(3)
Land which has become liable to forfeiture under this section for breach of any condition shall cease to be so liable if—
(a)
the breach is subsequently remedied; or
(b)
in the case of a condition subject to fixed term, no action has been taken with respect to the breach under section 128 or 129 before the expiry of a period of twelve years beginning with the date on which the breach arose.
(4)
For the purposes of this section, and of sections 128 and 129, every breach of condition shall be taken to be capable of being remedied; and the action required for remedying any breach shall be taken to consist—
(a)
in the case of a positive condition of the doing of every act or thing the omission to do which constituted or formed part of the breach;
(b)
in the case of a negative condition, of the doing of all such acts or things as are necessary to put the land into the state in which it would be if the breach had not occurred.