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Section 433e

of National Land Code (Revised - 2020)

ActIn forceProvision 381 of 391

Section 433e

(a)

(deleted by Act A1516);

(b)

any conveyance or disposal or act with regard to alienated land or any interest in land exempted by rules made under paragraph 14(1)(aa).

(2)

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.

(2a)

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.

(3)

Any person or body conveying or disposing of, or any non-citizen or foreign company accepting the conveyance or disposal of, any alienated land or any interest therein in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand ringgit.

416

National Land Code 615

Provisions of the

National Land Code

Modification

Act 828

Provisions of the

National Land Code

Modification

Section 433f

In its application to the Federal Territory of

Labuan, in subsections (1) and (2), substitute for the words “commencement of this section” the words “commencement of the extended Code”.

National Land Code

National Land Code 617

(4)

Nothing contained in this section shall render invalid anything done before the commencement of this section if—

(a)

in respect of an instrument or a deed executed before 27 October 1995, the instrument or deed has been stamped in accordance with the Stamp Act 1949 either before or within one month after the commencement of this section; or

(b)

the instrument or deed effecting any conveyance or disposal of any alienated land or any interest therein in favour of a non-citizen or a foreign company was executed on or after 27 October 1995 but before the commencement of this section, and—

(i)

an application in writing is made within three months of the commencement of this section for an approval under this section;

(ii)

any levy imposed in respect thereof has been paid; and

(iii)

the instrument or deed has been stamped in accordance with the Stamp Act 1949 either before or within one month after the commencement of this section.

(5)

After the commencement of this section, any conveyance or disposal, in a manner other than those specified in subsection 433b(1), of any alienated land or any interest therein in contravention of this section shall be null and void.

Execution by non-citizen or foreign company under power of attorney void 433f.  (1)  Unless approval is not required under section 433b or 433e or unless a disposal of land or dealing or other act with regard to alienated land or any interest in land has been exempted under rules made under section 14 after the commencement of this section, any deed or instrument executed by a non-citizen or a foreign company under a power of attorney in respect of any alienated land or any interest therein in favour of any person or body shall be void, and, in the case of an instrument of dealing, be incapable of registration.

417

Act 828

(2)

Nothing contained in this section shall render invalid any deed or instrument effected by a non-citizen or a foreign company under a power of attorney in respect of any alienated land or any interest therein in favour of any person or body before the commencement of this section and stamped in accordance with the provisions of the Stamp Act 1949 either before or within one month after such commencement.

Levy to be paid within thirty days of service of notice of approval 433g.  Any levy payable under this Part shall be paid in full not later than thirty days from the date of the service of the notice of approval by the State Authority and if the levy is not paid within such time, the approval shall thereupon lapse.