Section 416
Substitution of transferee for transferor in documents of entitlement
of National Land Code (Revised - 2020)
(1)
Any lease of reserved land or underground land below reserved land, any temporary occupation licence, any permit for the extraction, removal and transportation of rock material, or any such combined licence and permit, or any permit to use air space above State land or reserved land, or any approval for use of underground land under Part Five (A), as the case may be, granted under this Act or under any previous land law and held by the transferor immediately before the statutory vesting took effect, shall, upon application made by the transferee in
Form 30c, be amended by the Registrar by substituting therein for the name of the transferor the name of the transferee, upon the
Registrar being satisfied that a statutory vesting in the transferee of the same has been effected.
(2)
The substitution of the name of the transferee for that of the transferor under subsection (1) shall have effect from the date on which the statutory vesting took effect.
(3)
A statutory vesting effected under this section shall have full force and effect in every respect and for every purpose, notwithstanding anything to the contrary or inconsistent therewith contained in this Act, or in the term or condition of any lease, temporary occupation licence, permit, combined licence and permit, permit to use air space or approval referred to in subsection (1).
Recording of reservation of land in favour of transferee 416a. (1) Subject to subsection (4), any reservation of State land in favour of the transferor under this Act or under any previous land law, or by virtue of the provisions of the repealed Clause (4)
of Article 166 of the Federal Constitution, shall, upon application made by the transferee in Form 30d, be recorded as a reservation in favour of the transferee upon the Land Administrator being satisfied that the statutory vesting in the transferee of such reservation of State land has been effected.
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Provisions of the
National Land Code
Modification
Section 416
In its application to the Federal Territory of Kuala
Lumpur—
(1)
substitute for the words “the State Authority or the Government of a State” appearing in subsection (3)(a) thereof the words “the
Government of the Federation”;
(2)
substitute for the word “State” appearing in subparagraph (3)(a)(i) thereof, the words
“Government of the Federation”.
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(2)
A statutory notification in Form 30e of a recording made by the Land Administrator under subsection (1) shall be published in the Gazette and shall have effect from the date on which the Federal Government releases the land to the State and such notification shall designate the officer, employee or agent of the transferee for the time being who shall have control of the reserved land, and any such designation shall be by reference to the office of the officer, employee or agent, as the case may be.
(3)
Where a notification has been published under subsection (2), the reference to “officer” in subsection 63(1) shall include a reference to the officer, employee or agent of the transferee mentioned in such notification.
(4)
The foregoing subsections shall not apply to any land to which Article 85 of the Federal Constitution applies, but if the reservation of such land ceases under Clause (3) of the said
Article 85, the State Authority shall, upon application by the transferee in Form 30d, make a reservation thereof in favour of the transferee by recording the land as being reserved in favour of the transferee for the statutory purposes of the transferee which shall be deemed to be public purposes, and where such recording has been made subsections (2) and (3) shall apply as if it were a recording under subsection (1).
Provisions in respect of lands falling under Clause (3) of
Article 166 of the Federal Constitution 416b. Where any land in Malacca or Penang is occupied, used, controlled and managed by the transferor under Clause (3)
of Article 166 of the Federal Constitution immediately before a statutory vesting takes effect, the State Authority may, by virtue of paragraph (a) of Clause (3) of Article 166, with the written consent of the Federal Government and upon application in writing by the transferee—
(a)
permit the whole or part of such land to be occupied, used, controlled and managed by the transferee on such terms and conditions as may be agreed between the Federal Government, the State Authority, and the transferee; or 390
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Provisions of the
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Modification
Section 416b
In its application to the Federal Territory of Labuan, delete this section.
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(b)
alienate such land to the transferee on such terms and conditions as may be specified by the State Authority, under and in accordance with this Act, and agreed upon by the Federal Government and accepted by the transferee.
Provisions as to rights in whole or part of alienated land vested in the transferee 416c. (1) Where the whole or a part of any alienated land held by the transferor is occupied, used, controlled or managed by the transferee under any right or entitlement derived by way of a donation, gift, bequest, permission, consent, or otherwise howsoever, from the transferor or any predecessor in title of the transferor for any of the statutory purposes of the transferee immediately before the statutory vesting takes effect, the transferee’s right to such occupation, use, control or management shall, upon application in writing by him to the Registrar, be endorsed on the register document of title to the land, where the Registrar is satisfied that the statutory vesting of such right or entitlement in the transferee has taken effect.
(2)
The right endorsed on the register document of title under subsection (1) shall have effect from the date on which the statutory vesting took effect and shall subsist throughout the duration of that title and be binding on every subsequent proprietor of the land.
Transferee to succeed to applications by transferor, and to proceedings to which transferor is a party 416d. Where any application under this Act made by the transferor, or any other proceedings under this Act to which the transferor is a party, is pending before the State Authority, the
State Director, the Registrar, or a Land Administrator, as the case may be, immediately before the statutory vesting took effect, the transferee shall succeed to such application as the applicant, or to such proceedings as a party thereto, immediately upon the
State Authority, the State Director, the Registrar, or the Land
Administrator, as the case may be—
(a)
being notified of the vesting by the transferee, or the transferor, or by any other person having a direct interest in the application or the proceedings; and 391
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Provisions of the
National Land Code
Modification
Section 416d
In its application to the Federal Territory of Labuan—
(1)
substitute for the words “, the State Director, the Registrar, or a Land Administrator” and “, the State Director, the Registrar, or the Land
Administrator” the words ”the State Director or the Registrar”;
(2)
in paragraph (b), delete the words “, 416b,”.
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(b)
being satisfied that action under section 415, 416, 416b, or 416c, as may be applicable, if any, has been completed, and the same shall, thereafter, continue to be dealt with and proceeded to final conclusion thereof in the same manner and to the same effect as if the transferee were the transferor who made the application, or became a party to the proceedings at the same time that the transferor became a party thereto.
Procedure where transferee unable to produce the issue document of title or document of entitlement 416e. (1) Where the Registrar is satisfied that there are good and sufficient reasons for a transferee being unable to produce the issue document of title or the relevant document of entitlement, as the case may be, for the statutory vesting to be effected in his favour, the Registrar shall—
(a)
where the statutory vesting is of a registered interest or a registrable interest in land consisting of proprietorship of the whole of the land, direct the preparation and issue to the transferee, in the manner provided in subsection (2), of a fresh issue document of title to replace the issue document of title which the transferee is unable to produce; or
(b)
where the statutory vesting is of an entitlement to which section 416 applies, direct the preparation and issue to the transferee, in the manner provided in subsection (3), of a fresh document of entitlement to replace the document of entitlement which the transferee is unable to produce.
(2)
The fresh issue document of title prepared and issued under paragraph (1)(a) shall contain in it all the particulars, details, endorsements and entries contained in the register document of title and shall state that it is issued under paragraph (1)(a) and that upon its issue every previous issue document of title in respect of the said land stands cancelled and is rendered null and void.
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Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Section 417
In its application to the Federal Territory of Labuan—
(1)
in subsection (1), delete the words “or any Land
Administrator” and “or Land Administrator”;
(2)
in subsection (2), delete the words “or any Land
Administrator”;
(3)
in subsection (3), delete the words “or Land
Administrator”.
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(3)
Where a fresh document of entitlement is prepared and issued under paragraph (1)(b), it shall contain all the particulars, details and entries contained in the records of the Registrar in respect of the entitlement to which it relates and shall be endorsed with a statement that it is issued under paragraph (1)(b) and that upon its issue every previous document issued in respect of the entitlement stands cancelled and is rendered null and void.
(4)
Where the Registrar issues a fresh issue document of title under paragraph (1)(a) or a fresh document of entitlement under paragraph (1)(b), he shall, as soon as practicable thereafter, publish a notification in respect of such issue in the Gazette in Form 30f.
(5)
Where the statutory vesting is in respect of a registered interest in land or a registrable interest in land consisting of an interest other than the proprietorship of the whole of the land, and the Registrar is satisfied that there are good and sufficient reasons for the transferee being unable to produce the issue document of title in respect of the land, the registration of the registered interest in the land or registrable interest in the land, as the case may be, shall be effected by making a memorial of the same on the register document of title in respect of the land, and such registration shall be valid in all respects and for all purposes, notwithstanding the absence of a similar memorial on the issue document of title or the absence of the issue document of title.
(6)
Upon the making of a memorial on the register document of title under subsection (5), the Registrar shall, as soon as practicable thereafter, publish a notification thereof in the Gazette in Form 30g.
Part Thirty-One—JURISDICTION OF THE COURT