Malaysia legislation

Section 138

of NATIONAL LAND CODE (REVISED - 2020)

Section 138

Powers of Land Administrator or State Director in relation to applications

(1)

Where any application under subsection 137(1) relates to land the subdivision of which is required to be approved by the

State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.

(2)

If on any application under the said subsection (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director—

(a)

that the conditions for approval of the subdivision specified in subsection 136(1) are satisfied; or

(b)

that those conditions would be satisfied if the proposals in the application were modified in one or more minor respects, the Land Administrator or, as the case may be, State Director shall approve the subdivision in accordance with the said proposals, modified where necessary as mentioned in paragraph (b).

(3)

In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.

(4)

On approving, or being informed by the State Director that he has approved, the subdivision of any land, the Land

Administrator shall notify the proprietor of the approval, and of any modifications subject to which it is given, and shall by such notification call upon the proprietor to pay to him within a specified time—

(a)

in a case where the subdivisional portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey;

and

(b)

in every case, the fees chargeable in connection with the preparation and registration of final documents of title to the several subdivisional portions.

172

Act 828

National Land Code 243

Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Section 140

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 245

(5)

On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the proprietor, and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 137(2).

Section 138 — NATIONAL LAND CODE (REVISED - 2020) | mylaw.my