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Section 134

Appeals against forfeiture

of National Land Code (Revised - 2020)

ActIn forceProvision 136 of 391
Section 134

(1)

The validity of any forfeiture under this Act shall not be challenged in any court except by means of, or in proceedings consequent upon, an appeal under section 418 against the order of the Land Administrator under section 100 or 129; and, notwithstanding anything in any other written law, no such appeal shall be commenced after the expiry of the period of three months allowed for the bringing thereof by the said section 418.

166

Act 828

National Land Code 233

Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Section 135

In its application to the Federal Territory of Labuan—

(1)

in subsection (1), delete the words “or Land

Office”;

(2)

substitute for subsection (2) the following subsection:

“(2)  In the absence of any direction to the contrary by the State Authority, the approval required by subsection (1) shall be given by the State Director.”.

Act 828

National Land Code

National Land Code 235

(2)

No order of the Land Administrator under section 100

or 129 shall be set aside by any court except upon the grounds of its having been made contrary to the provisions of this Act, or of there having been a failure on the part of the Land Administrator to comply with the requirements of any such provision; and no such order shall be set aside by reason only of any irregularity in the form or service of any notice under Chapter 2 of Part Six or, as the case may be, Chapter 5 of Part Seven unless, in the opinion of the court, the irregularity was of a significant nature.

(3)

In any such appeal or other proceedings as are mentioned in subsection (1), it shall be presumed until the contrary is proved that all notices required to be served under Chapter 2 of Part Six or, as the case may be, Chapter 5 of Part Seven were duly and regularly served.

(4)

Subsection (1) shall not affect the right of any person or body to bring an action of damages against the State Authority, or (subject to the provisions of section 22) against any officer appointed by the State Authority, in respect of any act or thing wrongfully done, or ordered to be done or omitted to be done, in connection with any forfeiture under this Act.

Part Nine—SUBDIVISION, PARTITION

AND AMALGAMATION