In forceUpdated to 15 Oct 2020

Contents

National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Powers of the States and of State Officers

14. Power of State Authority to make rules

(1)

Subject to subsection (2), the State Authority may make rules generally for carrying out the objects and purposes of this

Act within the State, and in particular, but without prejudice to the generality of the foregoing, may by such rules make provision with respect to—

(a)

the mode in which applications for State land are to be made;

(aa)

the exemption of any disposal of land, or any dealing or other act with regard to alienated land or any interest in land from the requirement in subsection 433b(1) or 433e(1), as the case may be;

(ab)

the exemption of any non-citizen or foreign company or class of non-citizen or foreign company from

Part Thirty-three (A) and the circumstances in which the exemption may be given;

(b)

the issue, under Chapters 2 and 3 respectively of Part Four, of temporary occupation licences and permits to extract and remove rock materials, and the issue for the purposes of section 427 of permits for the grazing of animals;

(c)

the control and management of reserved land, and the leasing thereof under section 63;

(d)

the sale by auction of land required by or under this Act to be so sold;

(e)

the rates (being rates per †hectare or other lesser unit of †area) at which the rent to be reserved on, and the premium, if any, to be charged in respect of, the alienation under this Act of land of any class or description are, subject to the provisions of this Act, to be calculated;

† In respect of underground land, substitute for the words “hectare” and “area” the words “cubic metre” and “volume” respectively—see P.U. (A) 204/1997.

Act 828 57

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Modification

Section 14

In its application to the Federal Territory of Kuala

Lumpur, the reference to the “State Authority”

shall be construed as reference to the “Minister for the time being charged with the responsibility for lands in the Federal Territory”.

P.U. (A) 534/1983

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—

(1)

references to the “State Authority” shall be construed as references to the “Minister charged with the responsibility for lands in the Federal Territory”;

(2)

in paragraph 14(1)(k), substitute for the words

“12(1)” the words “12(1b)”.

(f)

the payments to be made under, and other incidents of, including matters relating to refund or forfeiture of any sum paid as deposit, licences and permits issued under this Act;

(g)

the fees or levy to be paid in connection with any matter arising under this Act;

(ga)

the remission in whole or in part of any levy to be paid under paragraph (g) or the exemption of any non-citizen or foreign company from the payment of such levy or any part thereof;

(h)

the scale of costs to be paid in relation to enquiries under this Act;

(i)

the places at which, and officers to whom, any item of land revenue is to be paid;

(j)

the collection, remission, rebate, payment by instalments or deferment of payment of any item of land revenue;

(ja)

the offences which may be compounded and the method and procedure for compounding such offences;

(k)

the powers and duties of any officers appointed under subsection 12(1); and

(l)

in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

(1a)

Notwithstanding paragraphs (1)(aa), (ab), (g) and (ga), the

State Authority shall not make rules under paragraph (aa), or (ab), or under paragraph (g) with respect to any levy to be paid under this Act, or under paragraph (ga), except in accordance with the directions given by the National Land Council.

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Provisions of the

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Modification

Provisions of the

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Modification

Section 15

In its application to the Federal Territory of Labuan—

(1)

in subsection (1)—

(a)

substitute for the words “The State Director, the Registrar and any Land Administrator”

the words “The State Director and the

Registrar”; and

(b)

in paragraph (d), references to the “State

Secretary” shall be construed as references to the “Chief Secretary to the Government”;

(2)

in subsection (3), substitute for the words

“12(1)” the words “12(1b)”.

Paragraph 15(1)(d)

In its application to the Federal Territory of Kuala

Lumpur, the reference to the “State Secretary” shall be construed as reference to the “Chief Secretary”.

In its application to the Federal Territory of

Putrajaya, reference to “State Secretary” shall be construed as reference to “Chief Secretary”.

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(2)

Nothing in subsection (1) shall empower the State Authority to make rules with respect to the practice or procedure of the

Survey and Mapping Department, or the powers or duties of Survey

Officers, or with respect to any matter concerning payments in connection with surveys carried out by the Survey and Mapping

Department other than the collection of such payments.

Terms defined in s 5

alienated land
Defined · s 5
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
Open s 5
dealing
Defined · s 5
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
Open s 5
disposal
Defined · s 5
“disposal” means any disposal of land made by the State Authority in the exercise of any of the powers conferred by section 42 or of any of the corresponding powers conferred by any previous land law;
Open s 5
land
Defined · s 5
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Open s 5
Land Administrator
Defined · s 5
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
Open s 5
land revenue
Defined · s 5
“land revenue” means every sum now due, or which shall hereafter become due, to the State Authority on account of any premium or rent payable in respect of alienated land, or under any licence or permit relating to land, and fees of any kind (including arrears of fees and, notwithstanding that they constitute items of Federal revenue, any fees, costs or other sums payable in connection with the carrying out of any survey by the Survey and Mapping Department) chargeable under this Act or any previous land law;
Open s 5
Minister
Defined · s 5
“Minister” means the Minister charged with the responsibility for lands;
Open s 5
prescribed
Defined · s 5
“prescribed” means prescribed by rules made by the State Authority under section 14;
Open s 5
Registrar
Defined · s 5
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Open s 5
rent
Defined · s 5
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…
Open s 5
reserved land
Defined · s 5
“reserved land” means land for the time being reserved for a public purpose in accordance with section 62 or any previous land law;
Open s 5
State
Defined · s 5
“State” means any State to which this Act applies;
Open s 5
State Authority
Defined · s 5
“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;
Open s 5
State Director
Defined · s 5
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;
Open s 5
State land
Defined · s 5
“State land” means all land in the State (including so much of the bed of any river, and of the foreshore and bed of the sea, as is within the territories of the State or the limits of territorial waters) other than— (a) alienated land; (b) reserved land; (c) mining land; (d) any land which, under the provisions of any law relating to forests (whether passed before or after the commencement of this Act), is for the time being reserved forest;
Open s 5
Survey and Mapping Department
Defined · s 5
“Survey and Mapping Department” means the Survey and Mapping Department of the Government of the Federation operative in the States of Malaya…
Open s 5

Permit to use air space above

Chapter 1

Read on from Chapter 3

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Read on from Chapter 1

Chapter 2

The subsidiary register 161—163..

Chapter 2

Deposited plans

Read on from Chapter 2

14. Power of State Authority to make rules

Terms defined in s 5

General provisions relating to officers, etc.

Provisions relating to enquiries

Property in land and powers of disposal

Classification and use of land

Rights of access to, and use of, alienated lands

Reservation of land

Temporary occupation of land

Removal of rock material

Permit to use air space above

Introductory

Approval of land for alienation

Alienation under final title

General

Collection of arrears of rent

Revision of rent

Summary of conditions and restrictions in interest affecting alienated lands

Implied conditions

Express conditions and restrictions in interest

Enforcement of conditions

Subdivision of lands

Partition of lands

Amalgamation of lands

Subdivision of buildings 151—157..

The registers

The subsidiary register 161—163..

Final title in continuation of final title

Replacement of register document of final title

Chapter 3

Alienation under qualified title

Final title and qualified title in continuation

Conversion of qualified title into final title

Powers of leasing, etc.

Express and implied provisions

Forfeiture

Determination of leases and tenancies

Creation of charges, and general provisions relating thereto

Implied provisions

Remedies of chargees: Sale

Remedies of chargees: Possession

Discharge

Liens

Creation

Release, extinguishment and cancellation

Presentation of instruments for registration

Procedure generally

Determination of fitness for registration

Manner of registration

Powers of Attorney

Cancellation of registration

Endorsement of exempt tenancies

Caveats

Prohibitory orders

Co-proprietorship

Trusts

Deposited plans

Schedules