Section 171
Preliminary procedure in cases of subdivision
of National Land Code (Revised - 2020)
(1)
Where title in continuation is to be issued under this
Chapter on the subdivision of any alienated land, the Land
Administrator shall—
(a)
determine in accordance with subsection (3) the rent to be paid in respect of each subdivisional portion;
(b)
notify the proprietor of the rents so determined;
(c)
request the proprietor to deliver to him the issue document of title to the land; and
Act 828 196
National Land Code 285
Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Subsection 171(2)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator, as the case may be,”.
Act 828
National Land Code
National Land Code 287
(d)
if any amount has been underpaid or overpaid in respect of survey fees under paragraph 138(4)(a), call upon the proprietor to pay the deficit or, as the case may be, refund to the proprietor the excess.
(2)
Title in continuation shall not be so issued until the proprietor has paid all amounts demanded of him under paragraph (b) of the said subsection (4) or paragraph (d) of the preceding subsection;
and if the proprietor fails to deliver up the issue document of title as requested, the Registrar or Land Administrator, as the case may be, shall not issue title in continuation until he has—
(a)
by a notice or notices under section 15, called for its production by any chargee, lienholder or other person or body whom he may have reason to believe to be in possession thereof; and
(b)
if it is not produced, taken the further steps specified in section 168.
(3)
The rent determined pursuant to paragraph (1)(a) in respect of any subdivisional portion shall be an amount computed by reference to—
(a)
the area of the portion as established on its survey; and
(b)
the rate per hectare at which rent is currently payable in respect of the whole land, and where the rate referred to in paragraph (b) is not otherwise ascertainable, it shall be calculated by dividing the total rent payable in respect of the whole by the total area thereof, for which purpose subsection 96(1) relating to fractions of a hectare shall apply to the area of the whole as they apply to the area of the portion.
(4)
The rent determined as aforesaid in respect of any subdivisional portion shall become payable as from the beginning of the calendar year first commencing after the date on which a register document of title thereto is registered under this Chapter.
(5)
(Deleted by Act A615).