In forceUpdated to 15 Oct 2020

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National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title

201. Procedure on applications

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(1)

Where any application under subsection 200(1) relates to land the surrender of which requires the approval of the State

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

(2)

If on any application under the said subsection the Land

Administrator or, in a case referred to him as aforesaid, State

Director is satisfied—

(a)

(deleted by Act A832);

(b)

that the conditions specified in subsection 196(1) are fulfilled; and

(c)

that approval ought not to be withheld on the grounds specified in subsection (3) of that section, he shall approve the surrender.

228

National Land Code 347

Provisions of the

National Land Code

Modification

Section 201

In its application to the Federal Territory of Labuan—

(1)

in subsection (2), delete the words “Land

Administrator or, in a case referred to him as aforesaid,”;

(2)

in subsection (3), delete the words “Land

Administrator or, as the case may be,”.

Section 202

In its application to the Federal Territory of Labuan—

(1)

in subsection (3)—

(a)

delete the words “, in the case of land held under Registry title or Land Office title,”;

and

(b)

in paragraph (a), delete the words “or Land

Administrator”;

(2)

in subsection (4), delete the words “or Land

Administrator”.

(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 surrender, the Land Administrator shall—

(a)

revise (by reference to the estimated area of the part to be retained) the rent payable by the proprietor;

(b)

notify the proprietor of the approval and the revised rent; and

(c)

make, or cause to be made, a memorial of the surrender on the register and issue documents of title to the land.

(5)

On rejecting, or being informed by the State Director that he has rejected, the application, the Land Administrator shall—

(a)

notify the proprietor; and

(b)

cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to subsection 200(2).

Terms defined in 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 Office title
Defined · s 5
“Land Office title” means title evidenced by a Mukim grant or Mukim lease, or by any document of title registered in a Land Office under the provisions of any previous land law;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
register document of title
Defined · s 5
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Open s 5
Registry title
Defined · s 5
“Registry title” means title evidenced by a grant or a State lease, or by any document of title registered in a Registry under the provisions of any previous land law;
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
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

Deposited plans

Read on from Chapter 2

201. Procedure on applications

Terms defined in s 5

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