National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Deposited plans
Section 433e
Feedback & supportSubject to any written law, a person or body desiring to convey or dispose of, in a manner other than those specified in subsection 433b(1), any alienated land or any interest therein to a non-citizen or a foreign company may be allowed to do so, but only after the prior approval of the State Authority has been obtained upon an application in writing being made by such person or body:
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;
Provided that no such approval shall be required in respect of—
(deleted by Act A1516);
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).
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;
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.
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:
prescribed
“prescribed” means prescribed by rules made by the State Authority under section 14;
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.
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;
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.
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Provisions of the
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Modification
Provisions of the
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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
Nothing contained in this section shall render invalid anything done before the commencement of this section if—
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
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—
an application in writing is made within three months of the commencement of this section for an approval under this section;
any levy imposed in respect thereof has been paid; and
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.
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.
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;
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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.