Section 204
Procedure for re-alienation
of National Land Code (Revised - 2020)
(1)
Where any application for surrender has been approved in the circumstances specified in section 203, documents of qualified title in the form corresponding to Land Office title shall be registered in respect of each of the proposed new units immediately after the making of the memorials of surrender required by subsection 198(4).
(2)
Each such document shall state that it relates to land re-alienated on surrender, and shall specify the date on which the land was first alienated, the title number or numbers originally allotted thereto and (if different) the title number or numbers under which it was held immediately before the surrender took effect.
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Provisions of the
National Land Code
Modification
Section 204
In its application to the Federal Territory of Labuan, delete this section.
(3)
The rent payable in respect of any land re-alienated on surrender shall be calculated by reference to the rate at which rent was formerly payable in respect thereof, and the area thereof as estimated for the purposes of the application for surrender.
(4)
Land re-alienated on surrender shall be expressed in the document of qualified title to be subject to the like category of land use, and the like express conditions and restrictions in interest, as those, if any, applicable thereto immediately before the surrender; and any such land shall, notwithstanding the surrender, continue subject to any implied condition to which it was formerly subject under section 53 or 55, or the Second or Third Schedule, and to any notification under section 54 previously in force with respect thereto.
(5)
The procedure for converting the title to any such land from qualified title to final title shall be that specified in section 191, and not that specified in section 190.
Surrender and Re-Alienation—Special Provisions
Declaration as to continued operation of section 124 and
Chapters 1 and 3 of Part Nine 204a. The provisions of this Part shall not be construed as affecting the continued operation of section 124 and Chapters 1
and 3 of Part Nine, or the rights of a proprietor of alienated land to make an application under those provisions and to have his application considered and determined in accordance therewith.
Power to approve surrender and re-alienation 204b. (1) The State Authority may approve the surrender of any one or more contiguous alienated lands held under final title or qualified title or a combination thereof held by the same proprietor on the terms that certain portions of the land comprised therein be immediately re-alienated to the proprietor in different portions and units or in different units.
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(2)
In relation to land held under qualified title, an application for surrender and re-alienation under this Part may only be entertained if the land has been duly surveyed and in respect of which a certified plan has been approved by the Director of Survey and Mapping except where the State
Authority directs otherwise either generally or in any particular case.
Conditions for approval of surrender and re-alienation 204c. (1) No surrender and re-alienation under this Part shall be approved by the State Authority unless the following conditions are satisfied:
(a)
that the portions and units of the land to be re-alienated conform in shape, area, measurements, location and intended use with a layout plan approved by the appropriate authority;
(b)
that no item of land revenue is outstanding in respect of the land;
(c)
that the land is not under attachment by any court;
(d)
that there are no registered interests in the land; and
(e)
that every person or body specified in subsection (2) has consented in writing to the making of the application.
(2)
The said persons and bodies are—
(a)
any person or body having at that time a lien over the said land or part thereof; and
(b)
any person or body having at that time a claim protected by caveat affecting the said land or part thereof.
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Applications for approval of surrender and re-alienation 204d. (1) Any application for approval by a proprietor wishing to surrender his title or titles under this Part shall be made in writing to the Land Administrator in Form 12d and shall be accompanied by—
(a)
such fees as may be prescribed;
(b)
all such written consents to the making thereof as are required under paragraph 204c(1)(e);
(c)
a plan showing the portion to be surrendered and a pre-computation plan showing the details of the portions and units to be re-alienated, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(d)
a copy of the layout plan, as approved by the appropriate authority, in respect of the said lot or lots, showing the portions and units to be re-alienated; and
(e)
the issue document of title to the land, unless the proprietor declares that it is for any reason incapable of production.
(2)
Where the proprietor is unable to produce the issue document of title for the reason that it is in the possession or control of any person or body, the application shall be accompanied by a sworn statement of the proprietor to that effect, and there shall be exhibited thereto a copy of a notice by the proprietor to that person or body requiring the production of the said document to the Land Administrator within fourteen days of the date of the service thereof on such person or body, and also the proof of service of such notice.
(3)
Upon receipt of the application, the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land.
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Procedure on applications 204e. (1) The approval or rejection of an application under subsection 204d(1) shall be at the discretion of the State Authority, but the State Authority shall not approve any such application unless it is satisfied that the conditions specified in subsection 204c(1)
are fulfilled.
(2)
Before deciding on an application, the State Authority may require the proprietor to amend the application or the plan mentioned in paragraph 204d(1)(c) by omitting from the application or the plan any portion or unit to be re-alienated or by altering the shape, area, measurements, location or intended use of any such portion or unit.
(3)
If the State Authority decides to approve the application, whether as originally submitted or as amended pursuant to subsection (2), the State Authority shall proceed to determine, in respect of each portion or unit to be re-alienated, the matters specified in subsection 79(2), as if the land comprised in the unit had already become State land.
(3a)
Where the original title is a title in perpetuity, unless the proprietor apply for the land to be re-alienated to him for a term of years, the period for which the land is to be re-alienated shall also be in perpetuity, and where the original title is for a term of years, the period for which the land is to be re-alienated shall not be less than the remainder of the term of years for which the land was held under the original title, except where the State
Authority approves the application under section 90a, and in the case where there are dissimilarities as to the periods for which the original titles are held, the period for which the lands are to be re-alienated shall be as the State Authority may think fit.
(3b)
The State Authority may in deciding the application, alienate adjoining State land to the proprietor.
(4)
On approving an application under subsection 204d(1) and determining the matters specified in subsection 79(2), the State
Authority shall notify the proprietor of the approval and of its determination of the said matters and require the proprietor to state whether he accepts the determination.
(5)
On rejecting such application, the State Authority shall—
(a)
notify the proprietor; and
(b)
cause to be cancelled the note endorsed on the register document of title pursuant to subsection 204d(3).
Reconsideration under subsection 79(2) and withdrawal of application 204f. (1) The proprietor may request the State Authority to reconsider its determination of the matters specified in subsection 79(2) and may, on being notified of the determination of those matters, whether as originally made or after reconsideration, withdraw his application under section 204d.
(2)
On being notified of the withdrawal, the State Authority shall cancel the approval granted under section 204e and shall cause to be cancelled the note endorsed on the register document of title pursuant to subsection 204d(3).
Reversion of land and destruction of issue document 204g. (1) On being notified by the proprietor of his acceptance of the matters specified in subsection 79(2), the State Authority shall cause to be made a memorial of the surrender of the land to which his application under section 204d relates in the register document of title to the land.
(2)
Upon the making of any memorial pursuant to subsection (1), the land to which it relates shall revert to and vest in the State Authority as State land but the land shall be treated as being subject to the approval under section 204e of the re-alienation of the portions or units in question.
(2a)
The memorial referred to in subsection (1) shall only be made—
(a)
if all the sum due upon approval in accordance with the matters specified in subsection 79(2) have been paid;
and
(b)
in the case where section 204ga applies, after the charge subsisting in the title is discharged.
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(3)
The issue document of title to any land which has reverted to the State Authority pursuant to this section shall, where possible, be destroyed; and accordingly if in a case falling within subsection 204d (2) that document is not produced pursuant to the notice therein referred to, its production shall be demanded under section 15.
Land subject to a charge 204ga. (1) Notwithstanding paragraph 204c(1)(d), any person or body having a charge over the land may give his consent in writing to the making of the application under subsection 204d(1)
and the Land Administrator shall endorse or cause to be endorsed, a note thereof on the register documents of title to the land.
(1a)
Where the proprietor withdraws his application, or the
State Authority rejects the application or where the approval of the State Authority is not accepted by the proprietor, the
Land Administrator shall cancel or cause to be cancelled the note endorsed on the register document of title pursuant to subsection (1).
(2)
Where the State Authority approves such application under subsection 204e(3), the acceptance of the approval by the proprietor under subsection 204e(4) shall also include the consent by the chargee as to the discharge of the charge and for a fresh charge to be executed and presented in respect of the titles to be issued upon re-alienation.
Application of Act to re-alienation as to alienation 204h. The provisions of this Act shall apply to all questions, matters and procedures relating to a portion or unit approved for re-alienation under this Part and arising after the land in which it is comprised has reverted to the State Authority pursuant to subsection 204g(2) as they apply to the alienation of State land under this Act.
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Division IV—ALIENATED LANDS: DEALINGS
Part Thirteen—GENERAL