National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Deposited plans
432. Substituted service
Feedback & supportThe Registrar of the Land Administrator, where he is satisfied that a notice affecting land in the State cannot be served personally or by post (either because the person to be served is evading service or for some other reason), may cause the service to be effected—
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;
by affixing a copy of the notice in a conspicuous position—
on the land where possible; and
on a courthouse, mosque or penghulu’s office or balai, or a community hall or other public place as he thinks fit, in the area in which the land is situated; and
by publishing a copy of the notice in the Gazette and, if he thinks fit, in one or more of the newspapers circulating in the State.
For the purposes of subsection (1) a notice relating to a document of title to any land shall be deemed to be a notice affecting the land.
document of title
“document of title”, in relation to any alienated land, means both the register document of title and the issue document of title relating thereto, save that, in the case of land held under qualified title in respect of which no application for an issue document of title has been made by the proprietor, it means the register document of title only;
411
National Land Code 607
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
Subparagraph 432(1)(a)(ii)
In its application to the Federal Territory of Labuan, delete the words “or penghulu’s office or balai,”.
penghulu
“penghulu” means a Penghulu or Assistant Penghulu duly appointed as such;