National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 5 · Powers of Attorney
Section 309
Feedback & supportWhere any instrument presented for registration under this Part has been executed on behalf of any person or body under a power of attorney, it shall be accompanied by—
an office copy thereof within the meaning of section 10
of the Powers of Attorney Act 1949, or, in the case of a power to which subsection 4(4) of that Act applies, the original thereof; and
subject to subsection (2), a copy thereof for retention by the Registrar.
Registrar
“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;
Where a copy of any power of attorney has once been delivered to the Registrar pursuant to paragraph (1)(b), and filed by him in accordance with section 310, it shall not be necessary to send a further copy under that paragraph with any instrument subsequently executed under the same power.
316
National Land Code 467
land
“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;
Provisions of the
National Land Code
Modification
Subsection 309(1)
In its application to the Federal Territory of Labuan, substitute for paragraph (a) the following paragraph:
“(a) an office copy of the power of attorney under subsection 83(4) of the Stamp
Ordinance [Cap. 137], or an original copy of power of attorney attested by one of the following persons:
Magistrate;
Justice of the Peace;
Notary Public;
Commissioner for Oaths;
Advocates; or
Registrar; and”.
The references in subsection (2) to paragraph (1)(b), and section 310, shall be construed as including references to the corresponding provisions of any previous land law.
previous land law
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;