Section 214
What may be transferred, and restrictions on exercise of powers
of National Land Code (Revised - 2020)
(1)
Subject to subsection (2), the following shall be capable of transfer under this Act:
(a)
the whole, but not a part only, of any alienated land;
(b)
the whole, but not a part only, of any undivided share in alienated land;
(c)
any lease of alienated land;
(d)
any charge; and
(e)
any tenancy exempt from registration.
(2)
The powers conferred by subsection (1) shall be exercisable in any particular case subject to—
(a)
any prohibition or limitation imposed by this Act or any other written law for the time being in force;
(b)
any restriction in interest to which the land in question is for the time being subject; and
(c)
in relation to leases, charges and tenancies exempt from registration, the provisions thereof, express or implied.
(3)
Without prejudice to paragraph (2)(a), no lease or charge may be transferred to two or more persons or bodies otherwise than as trustees or representatives.
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Provisions of the
National Land Code
Modification
Provisions of the
National Land Code
Modification
Section 214a
In its application to the Federal Territory of Kuala
Lumpur—
(1)
the references to the “Estate Land Board and the Board” shall be construed as references to the “Land Executive Committee”;
(2)
delete the words “established under subsection (3)”
appearing in subsection (1) thereof;
(3)
for the purposes of this section, the State Director shall be the Secretary of the Board;
(4)
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”.
—see P.U. (A) 183/1975;
In its application to the Federal Territory of Labuan, delete this section.
Paragraph 214a(3)(a)
In its application to the Federal Territory of
Putrajaya, substitute for the words “State Secretary”
the words “Chief Secretary to the Government”.
P.U. (A) 180/2002
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Control of transfer of estate land 214a. (1) Notwithstanding anything contained in this Act, no estate land is capable of being transferred, conveyed or disposed of in any manner whatsoever unless approval of such transfer, conveyance or disposal has first been obtained from the Estate
Land Board (hereinafter referred to as “the Board”) established under subsection (3).
(2)
The Registrar shall not register any instrument of transfer of such land under Part Eighteen of this Act unless such instrument is accompanied by a certificate of approval granted by the Board, or in the case where subsection (9) applies, a written approval of the State Authority.
(3)
For the purpose of this section, there shall be established an Estate Land Board consisting of—
(a)
the State Secretary, who shall be the Chairman;
(aa) the State Director, who shall be the Secretary; and
(b)
not more than four members appointed by the State
Authority from amongst members of the Public Service.
(4)
The proprietor or any co-proprietor of any estate land desiring to transfer, convey or dispose of in any manner whatsoever such land shall, together with the person or persons to whom the land is to be transferred, conveyed or disposed of, jointly submit an application to the Secretary of the Board in Form 14d.
(5)
The Board may approve an application made under subsection (4) and shall have power to refuse or cancel an approval of any such application if—
(a)
it is satisfied that any statement or representation made in the application is false or incorrect; or
(b)
it is satisfied that the applicant fails or refuses to comply with any direction given or restrictions or conditions imposed by it; or
(c)
it appears to it that the approval of the application will not be in the public interest.
(6)
Decision of the Board shall be by majority of votes; and in the case of equality of votes the Chairman shall have a casting vote.
(7)
Before making any decision the Board may as it thinks fit call any person to give any statement before it or produce any document to be examined by it.
(7a)
The decision of the Board shall be conveyed by the Secretary of the Board to the applicants referred to in subsection (4) as expeditiously as possible.
(8)
Where approval of an application under subsection (4) is refused or cancelled by the Board, the applicant may, within thirty days after the communication to him of the Board’s decision of such refusal or cancellation, appeal in writing to the State
Authority.
(9)
The State Authority may confirm or reverse the decision of the Board:
Provided that where the decision of the Board is reversed by the State Authority, the State Authority may give such direction or impose such restriction or condition as it may think fit.
(10)
Any person who obtains or attempts to obtain approval of the Board by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise or who fails or refuses to comply with any direction, restriction or condition imposed on him commits an offence and shall, on conviction, be liable to a fine not less than one hundred thousand ringgit and not more than one million ringgit and where the offence is a continuing one shall be further liable to a fine of not exceeding five thousand ringgit in respect of each day the offence is committed.
(10a)
Any person who transfers, conveys or disposes of or attempts to transfer, convey or dispose of in any manner whatsoever, any estate land in contravention of subsection (1), commits an offence and shall, on conviction, be liable to imprisonment for a term of not more than five years or to a fine not less than one hundred thousand ringgit and not more than one million ringgit, or to both.
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(b)
For the purposes of this section, the execution of an agreement to convey or dispose of the whole of an estate to two or more persons, or to convey or dispose of any portion or portions of an estate land to one or more persons, without the approval of the Board, shall be conclusive proof that the estate land is conveyed or disposed of in contravention of subsection (1); and any act to demarcate an estate land or to cause or permit the demarcation of an estate land otherwise than in accordance with the provisions of this Act shall be prima facie proof that the person so acting, causing or permitting attempts to transfer, convey or dispose of the estate land in contravention of subsection (1).
(11)
For the purpose of this Act, “estate land” means any agricultural land held under one or more than one title the area or the aggregate area of which is not less than 40 hectares and the alienated lands constituting such area are contiguous.
(12)
For the purpose of this Act, alienated lands held under final title or qualified title or a combination thereof, shall be taken to be contiguous notwithstanding that they are separated from each other only by such land as is used, required or reserved for roads, railways or waterways.
Transfers of Land