National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Deposited plans
433. Publication of certain notices and notifications
Feedback & supportAny provision of this Act requiring a copy of a notice or notification affecting land to be published in accordance with this section shall be construed as requiring a copy of the notice or notification to be—
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;
affixed in a conspicuous position—
on the land; and
on a courthouse, mosque or penghulu’s office or balai, or a community hall or other public place as the State Director or Registrar or Land
Administrator thinks fit, in the area in which the land is situated; and
where the State Authority considers that publication in a newspaper is desirable, published in such newspapers circulating in the State as the State Director thinks fit.
Part Thirty-Three (A) —RESTRICTIONS IN RESPECT OF
NON-CITIZENS AND FOREIGN COMPANIES
Interpretation 433a. For the purposes of this Part—
“foreign company” means—
a foreign company as defined in the Companies Act 2016
[Act 777];
a company incorporated under the Companies Act 2016
with fifty per cent or more of its voting shares being held by a non-citizen, or by a foreign company referred to in paragraph (a), or by both, at the time of the proposed acquisition of any land or any interest in land or at the time of the execution of the instrument or deed in respect of any alienated land or any interest therein, as the case may be; or 412
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
National Land Code 609
Provisions of the
National Land Code
Modification
Subparagraph 433(a)(i)
In its application to the Federal Territory of
Labuan, delete the words “and on the penghulu’s office or balai”.
penghulu
“penghulu” means a Penghulu or Assistant Penghulu duly appointed as such;
a company incorporated under the Companies Act 2016
with fifty per cent or more of its voting shares being held by a company referred to in paragraph (b), or by a company referred to in paragraph (b) together with a non-citizen or a foreign company referred to in paragraph (a), at the time of the proposed acquisition of any land or any interest in land or at the time of the execution of the instrument or deed in respect of any alienated land or any interest therein, as the case may be;
“non-citizen” means a natural person who is not a citizen of
Malaysia.
Non-citizens and foreign companies may acquire, etc., land only with approval of State Authority 433b. (1) Notwithstanding anything contained in this Act or in any other written law—
a non-citizen or a foreign company may acquire land by way of a disposal under Division II;
disposal
“disposal” means any disposal of land made by the State Authority in the exercise of any of the powers conferred by section 42 or of any of the corresponding powers conferred by any previous land law;
a dealing under Division IV with respect to alienated land or an interest in alienated land may be effected in favour of a non-citizen or a foreign company;
dealing
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
alienated land, or any share or interest in such land, may be transferred or transmitted to, or vested in, or created in favour of any person or body as “trustee”, or of two or more persons or bodies as “trustees”, where the trustee or one of the trustees, or where the beneficiary or one of the beneficiaries, is a non-citizen or a foreign company;
the Registrar may in respect of any land register any person or body as “representative” or make a memorial in favour of any person or body as “representative”
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;
if such person or body is a non-citizen or a foreign company;
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National Land Code 611
the Registrar may endorse any memorial of transmission on the register document of title to any land in favour of a non-citizen or foreign company, but only after the prior approval of the State Authority has been obtained upon an application in writing to the State Authority by such non-citizen or foreign company:
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Provided that no such approval shall be required in respect of—
(deleted by Act A1516);
any dealing effected pursuant to a sale and purchase agreement for which an approval has been granted under section 433e and executed by the same parties in such agreement; and
any dealing or act with regard to alienated land or any interest in land exempted by rules made under paragraph 14(1)(aa).
Where the State Authority grants any approval under subsection (1) it may be made subject to such terms and conditions as may be specified by the State Authority and to the payment of such levy as may be prescribed.
prescribed
“prescribed” means prescribed by rules made by the State Authority under section 14;
The State Authority may, where its approval under subsection (1) is given subject to the payment of such levy as may be prescribed, remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, any part of such levy:
Provided that the State Authority shall not remit to any non-citizen or foreign company, or exempt any non-citizen or foreign company from the payment of, such levy except in accordance with the directions of the National Land Council.
Notwithstanding subsection (1), but subject to subsection (4), it shall not be necessary for a non-citizen or a foreign company to obtain the approval of the State Authority for the purpose of taking a charge or a lien in respect of any alienated land or any undivided share in such land or any lease of such land under
Part Sixteen.
414
Where an order for sale has been made under section 256,
263, or 281, as the case may be, a non-citizen or a foreign company, whether or not he is the chargee or a lienholder, shall not be entitled to bid at the sale where the land is subject to the category “agriculture” or “building” or “industry” or to any condition requiring its use for any agricultural or building or industrial purpose, as the case may be, without the approval of the State Authority.
agriculture
“agriculture” includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, the breeding and keeping of honey-bees, livestock and reptiles, and aquaculture;
(Deleted by Act A1516).
Subsections (3) and (4) shall apply to any charge effected, or any lien created, whether before or after the commencement of this Part.
Disposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and void 433c. After the commencement of this Part, any disposal of land by the State Authority, or any dealing or other act with regard to alienated land or any interest therein, in contravention of section 433b shall be null and void.
Saving 433d. (1) Nothing contained in this Part shall render invalid anything done under this Act or any previous land law before the commencement of this Part.
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;
Nothing contained in this Part shall render invalid any instrument effecting any dealing in any alienated land or any interest therein in favour of a non-citizen or in favour of a foreign company executed before the commencement of this
Part and stamped in accordance with the provisions of the
Stamp Act 1949 either before or within one month after the commencement of this Part.
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Provisions of the
National Land Code
Modification
Subsection 433b(4)
In its application to the Federal Territory of Labuan, delete the words “, 263,”.
Other conveyances or disposal to non-citizen or foreign company subject to approval and payment of levy, etc.