Section 5

Interpretation

of National Land Code (Revised - 2020)

ActIn forceProvision 5 of 391

In this Act, in all documents of title to alienated land, and in all leases, licences, permits, notices, agreements and other documents relating to land granted, issued or entered into by or on behalf of the State Authority (including documents existing at the commencement of this Act), unless the context otherwise requires—

“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;

“alienate” means to dispose of State land in perpetuity or for a term of years, in consideration of the payment of rent, and otherwise in accordance with section 76 or, when used in relation to the period before the commencement of this Act, to dispose of

State land in perpetuity or for a term of years under a previous land law (not being a law relating to mining);

“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;

“appropriate authority” when used in relation to any consent or approval, means the authority having power under any written law to grant such consent or approval, as the case may be;

“boundary mark” includes any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar or other mark used for the purpose of marking boundaries;

“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;

“building” includes any structure erected on land;

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Provisions of the

National Land Code

Modification

Section 5

In its application to the Federal Territory of Kuala

Lumpur—

(1)

the definition of “Chief Surveyor” shall have no application;

—see P.U. (A) 148/1990

(2)

insert, immediately after the definition of “to deliver”, the following definition of “Director of Survey”:

‘“Director of Survey” means the

Director of Survey and Mapping of the Federal Territory appointed under section 12, and includes a Deputy Director of Survey and Mapping;’;

—see P.U. (A) 148/1990;

(3)

insert immediately after the definition of

“land”, the following definition of “Land

Executive Committee”—

‘ “Land Executive Committee” means the Committee established under subsection 12(1);’;

P.U. (A) 430/1984

(4)

substitute for the definition of “district” the following:

‘ “district” in relation to Federal Territory means the whole area of the Federal

Territory of Kuala Lumpur consisting of an area as shown in the plan identified by reference to Plan No. 383 deposited in the office of the Director of Survey and Mapping, Selangor.’.

—see P.U. (A) 505/2002

Provisions of the

National Land Code

Modification

Section 5

In its application to the Federal Territory of

Putrajaya—

(1)

the definition of “Chief Surveyor” is repealed;

(2)

insert after the definition of “Director

General” the following definition:

‘ “Director of Survey” means the

Director of Survey of the Federal Territory appointed under section 12, and includes a Deputy Director of Survey;’;

(2a)

substitute for the definition of “district” the following definition:

‘ “district”, in relation to Federal

Territory of Putrajaya means the whole area of the Federal Territory of Putrajaya consisting of an area as shown in the plan identified by reference to

Plan No. P.P 2-2000 deposited in the office of the Director of Survey and

Mapping, Selangor’;

—see P.U. (A) 180/2002

(3)

insert after the definition of “land” the following definition:

‘“Land Executive Committee”

means the Committee established under subsection 12(1);’.

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Provisions of the

National Land Code

Modification

Section 5

In its application to the Federal Territory of Labuan—

(1)

in the definition of “certificate of sale”, delete the words “or subsection 265(4)”;

(2)

substitute for the definition of “Court” the following definition:

‘ “Court” means the High Court in

Sabah and Sarawak;’;

(3)

delete the definition of “estate land”;

(4)

insert after the definition of “entry” the following definition:

‘ “extended Code” means the National

Land Code as extended and modified under the Federal Territory of Labuan (Extension and Modification of National Land Code)

Order 2009 [P.U. (A) 454/2009];’;

(5)

in the definition of “final title”—

(a)

delete the words “, Land Office title”;

and

(b)

substitute for the words “all forms” the words “a form”;

(6)

delete the definitions of “Land Administrator”

and “Land Office title”;

(7)

insert before the definition of “land revenue”

the following definition:

‘“Land Executive Committee”

means the Committee established under subsection 12(1);’;

(8)

in the definition of “licensed land surveyor”, insert after the words “Licensed Land Surveyors

Act 1958 [Act 458]” the words “as extended and modified under the Federal Territory of Labuan (Extension and Modification of

Licensed Land Surveyors Act) Order 2009

[P.U. (A) 456/2009]”;

Provisions of the

National Land Code

Modification

Section 5

(9)

delete the definitions of “mukim”, “Mukim grant”, “Mukim lease”, “Mukim Register”

and “penghulu”;

(10)

substitute for the definition of “Registrar”

the following definition:

‘ “Registrar” means a Registrar of Titles or Deputy Registrar of Titles appointed under subsection 12(1b);’;

(11)

in the definition of “State Authority”, substitute for the words “Ruler or Governor of the State, as the case may be” the words “Government of the Federation”;

(12)

substitute for the definition of “State Director”

the following definition:

‘ “State Director” means the Director of Lands and Mines of the Federal

Territory of Labuan and Deputy Directors of Lands and Mines appointed under subsection 12(1b);’;

(13)

in the definition of “trust”, substitute for the semicolon at the end of the definition a full stop;

(14)

delete the definition of “village land”.

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“calendar year” means a year beginning on 1 January;

“caveat” means a registered caveat;

“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);

“charge” means a registered charge;

“condition” does not include any restriction in interest;

“co-proprietorship” has the meaning assigned thereto by subsection 342(1), and “co-proprietor” shall be construed accordingly;

“country land” has the meaning assigned thereto by subsection 51(2);

“Court” means the High Court in Malaya;

“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;

“to deliver” includes to transmit by hand or post;

“digital cadastral database” means any computerized cadastral database based on the cadastral coordinate system adopted and maintained by the Survey and Mapping Department;

“Director General” means the Director General of Lands and

Mines referred to in section 6 and includes the Deputy Director

General of Lands and Mines and an Assistant Director General of Lands and Mines;

“Director General of Survey and Mapping” means the officer performing the duties of the head of the Survey and Mapping

Department;

“Director of Survey and Mapping” means the Director of Survey and Mapping of the State appointed under section 12, and includes a Deputy Director of Survey and Mapping appointed thereunder;

“Disaster Recovery Centre” means a centre of backup and recovery system set up by the State Authority for the continuity of business operation of the Electronic Land Administration

System;

“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;

“district” means any area duly constituted as a district under section 11 or, by virtue of section 442, deemed to be a district so constituted;

“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;

“easement” has the meaning assigned thereto by subsection 282(1);

“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;

“estate land” has the meaning assigned to it by subsections 214a(11)

and (12);

“final document of title” means any document of title relating to land held under final title, or prepared for the purpose of its being so held;

“final title” means Registry title, Land Office title and subsidiary title (that is to say, all forms of title other than qualified title);

“foreshore” means all that land lying between the shoreline and the low-water mark of ordinary spring tides;

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“forest produce” has the meaning assigned to it by any law for the time being in force in the State relating to forests;

“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;

“Gazette” means the Gazette of the State;

“grant” means a register document of title in Form 5b (that is to say, in the form appropriate under this Act to land held under

Registry title in perpetuity);

“industrial purposes” has the meaning assigned thereto by paragraph 117(1)(a);

“in repair”, in relation to any building or part of a building, means in such state of repair as that in which a prudent owner might reasonably be expected to keep his property;

“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;

“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;

“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;

“Land Office title” means title evidenced by a Mukim grant or

Mukim lease, or by any document of title registered in a Land

Office under the provisions of any previous land law;

“land revenue” means every sum now due, or which shall hereafter become due, to the State Authority on account of any premium or rent payable in respect of alienated land, or under any licence or permit relating to land, and fees of any kind (including arrears of fees and, notwithstanding that they constitute items of Federal revenue, any fees, costs or other sums payable in connection with the carrying out of any survey by the Survey and

Mapping Department) chargeable under this Act or any previous land law;

“lease” means a registered lease or sublease of alienated land;

“licensed land surveyor” means a surveyor licensed to practise under the Licensed Land Surveyors Act 1958 [Act 458];

“lot” means any surveyed piece of land to which a lot number has been assigned by the Director of Survey and Mapping;

“mining land” means any land in respect of which a mining lease or certificate granted or issued under any written law relating to mining is for the time being in force;

“Minister” means the Minister charged with the responsibility for lands;

“mukim” means any area duly constituted as a mukim under section 11 or, by virtue of section 442, deemed to be a mukim so constituted;

“Mukim grant” means a register document of title in Form 5d

(that is to say, in the form appropriate under this Act to land held under Land Office title in perpetuity);

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“Mukim lease” means a register document of title in Form 5e

(that is to say, in the form appropriate under this Act to land held under Land Office title for a term of years);

“Mukim Register” means any register maintained under section 159;

“penghulu” means a Penghulu or Assistant Penghulu duly appointed as such;

“planning authority” means any authority having jurisdiction under any law for the time being in force relating to town planning, country planning or both;

“pre-computation plan” means a plan of the layout of lots prepared by Director of Survey and Mapping or licensed land surveyor showing the intended new boundaries and areas of those lots which are based on computation from existing survey data and other relevant data, where the linear misclosure of the computation is not less than one part in four thousand;

“prescribed” means prescribed by rules made by the State

Authority under section 14;

“to present” means to deliver for registration;

“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;

“prohibitory order” has the meaning assigned thereto by section 334;

“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;

“provisional register document of title” means a register document of title prepared in accordance with section 175c;

“purchaser” means a person or body who in good faith and for valuable consideration acquires title to, or any interest in, land;

“qualified title” means title issued under Chapter 2 or 3 of Part Eleven, that is to say, in advance of survey;

“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;

“registered” means registered in accordance with the provisions of this Act or of any previous land law;

“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;

“Registry title” means title evidenced by a grant or a State lease, or by any document of title registered in a Registry under the provisions of any previous land law;

“rent” includes—

(a)

any annual sum payable to the State Authority by way of rent;

(b)

any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and

(c)

any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14;

(d)

(Deleted by Act A615);

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“reserved land” means land for the time being reserved for a public purpose in accordance with section 62 or any previous land law;

“restriction in interest” means any limitation imposed by the State Authority on any of the powers conferred on a proprietor by Part Nine, or on any of his powers of dealing under

Division IV, and any like limitation imposed under any previous land law;

“river” means any river, stream, creek or other natural watercourse, and any tributary, distributary or artificial deviation thereof;

“rock material” means any rock, stone, gravel, common sand, common earth, common laterite, loam, common clay, soil, mud, turf, peat, coral, shell, and any other rock materials within or upon any land, and includes processed materials therefrom, other than minerals defined under any written law relating to mining which is for the time being in force;

“Settlement Officer” means a Settlement Officer appointed under section 12;

“shoreline” means the high-water mark of ordinary spring tides;

“State” means any State to which this Act applies;

“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be;

“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy

Director of Lands and Mines appointed thereunder;

“State land” means all land in the State (including so much of the bed of any river, and of the foreshore and bed of the sea, as is within the territories of the State or the limits of territorial waters) other than—

(a)

alienated land;

(b)

reserved land;

(c)

mining land;

(d)

any land which, under the provisions of any law relating to forests (whether passed before or after the commencement of this Act), is for the time being reserved forest;

“State lease” means a register document of title in Form 5c

(that is to say, in the form appropriate under this Act to land held under Registry title for a term of years);

“subdistrict” means any area duly constituted as a subdistrict under section 11 or, by virtue of section 442, deemed to be a subdistrict so constituted;

“subdivided building”, in relation to subdivision of any building under the Strata Titles Act 1985 [Act 318], includes subdivision of building or land;

“sublease” means a registered sublease of any alienated land;

“subsidiary register” means the register of subsidiary title maintained under the provisions of the repealed section 161

(which nonetheless, by virtue of, and subject to, subsection 82(2)

of the Strata Titles Act 1985, continues to apply to the matters mentioned, and to the extent provided, in that subsection), and includes a strata register as defined in section 4 of that Act;

“subsidiary title” means title issued under this Act to any of the individual parcels within a building which has been subdivided pursuant to the provisions of the repealed Chapter 4 of Part Nine

(which Chapter nonetheless, by virtue of, and subject to, subsection 82(2) of the Strata Titles Act 1985, continues to apply to the matters mentioned, and to the extent provided, in that subsection), and includes a strata title as defined in section 4 of that Act;

“Survey and Mapping Department” means the Survey and

Mapping Department of the Government of the Federation operative in the States of Malaya;

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Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Subsection 5a(2)

In its application to the Federal Territory of Labuan, substitute for subsection (2) the following subsection:

“(2) For the purposes of subsection (1), the term “land Registry” means the office of the

Registrar of Titles.”.

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“Survey Officer” means the Director of Survey and Mapping or any Survey Officer appointed under section 12;

“survey reference mark” means any beacon, standard traverse mark, road box, electronic distance measurement (EDM) base, state boundary pillar, international boundary pillar, benchmark, geodetic station or other mark used in connection with survey for boundary;

“temporary occupation licence” means a licence issued under

Chapter 2 of Part Four;

“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);

“territorial waters” has the meaning assigned to it in subsection 3(3)

of the Territorial Sea Act 2012 [Act 750];

“town land” has the meaning assigned thereto by subsection 51(2);

“trust” does not include a wakaf created in accordance with the principles of Islamic law;

“village land” has the meaning assigned thereto by subsection 51(2).

Part One (A)—COMPUTERIZED LAND

REGISTRATION SYSTEM

Coming into operation of the Computerized Land Registration

System in any land Registry 5a. (1) The Minister may, with the approval of the National Land

Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Computerized Land

Registration System in any land Registry.

(2)

For the purposes of subsection (1), the term “land Registry”

means—

(a)

in the case of land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, the office of the Registrar of Titles;

(b)

in the case of land held or to be held under Land Office title, or under the form of qualified title corresponding to

Land Office title, the office of the Land Administrator.

(3)

Upon the coming into operation of the Computerized Land

Registration System in any land Registry—

(a)

the provisions of the Fourteenth Schedule shall apply;

and

(b)

the provisions of this Act in so far as they relate to the forms of documents of title, the procedure for the preparation and registration of any document of title, any dealing in land and any entry or endorsement of any note, memorial or memorandum or any correction or cancellation thereof on any document of title shall be read with the modifications, amendments, additions, deletions, substitutions or adaptations as provided in the

Fourteenth Schedule.

(4)

Except as provided in paragraph (3)(b), all other provisions of this Act shall remain in force and continue to apply to every document of title, instrument or other document prepared under the Computerized Land Registration System.

Amendment of the Fourteenth Schedule 5b. The Minister may, with the approval of the National Land

Council, by order published in the Gazette of the Federation, make any amendment to the Fourteenth Schedule that he may consider necessary, desirable or expedient.

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Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Subsection 5d(2)

In its application to the Federal Territory of Labuan, delete paragraph (b).

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Part One (B)—MODIFICATIONS TO FACILITATE THE

IMPLEMENTATION OF THE PENGURUSAN DANAHARTA

NASIONAL BERHAD ACT 1998

Modifications to facilitate the implementation of Pengurusan

Danaharta Nasional Berhad Act 1998 5c. (1) Upon the coming into operation of the Pengurusan Danaharta

Nasional Berhad Act 1998 [Act 587], the Fifteenth Schedule which provides for the modifications to the National Land Code to facilitate the implementation of the Pengurusan Danaharta

Nasional Berhad Act 1998 shall apply and the Act shall be read subject to the provisions of the Schedule.

(2)

The Minister may, with the approval of the National Land

Council, by order notified in the Gazette of the Federation, make such amendments to the Fifteenth Schedule as he considers necessary, or expedient.

(3)

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations and non-application of any provisions.

Part One (C) —MODIFICATIONS TO FACILITATE

THE IMPLEMENTATION OF THE ELECTRONIC LAND

ADMINISTRATION SYSTEM

Coming into operation of the Electronic Land Administration

System in any land Registry 5d. (1) The Minister may, with the approval of the National

Land Council, by notification in the Gazette of the Federation, appoint a date for the coming into operation of the Electronic

Land Administration System in any land Registry.

(2)

For the purpose of this section, “land Registry” means—

(a)

in the case of land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, the office of the Registrar of Titles;

(b)

in the case of land held or to be held under Land Office title, or under the form of qualified title corresponding to

Land Office title, the office of the Land Administrator;

and

(c)

Disaster Recovery Centre in times of disaster as specified by the State Authority.

(3)

Upon the coming into operation of the Electronic Land

Administration System in any land Registry—

(a)

the provisions of the Sixteenth Schedule shall apply;

(b)

the provisions of this Act shall be read with modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Sixteenth Schedule—

(i)

in so far as they relate to the forms of document of title, the procedure for the preparation and registration of any document of title, any dealing in respect of land and any entry or endorsement of any note, memorial or memorandum or any correction or cancellation thereof on any document of title;

(ii)

in so far as they relate to the forms of document of temporary occupation licence or permit or lease of reserved land, the procedure for the preparation and authentication of any document of temporary occupation licence or permit or lease of reserved land, and entry of any note thereof on any document of aforesaid licence or permit or lease of reserved land; and

(iii)

in so far as they relate to the procedure for the payments of any item of land revenue, or the procedure for searches, or the procedure for the safe keeping of registers or other records, or the procedure for the maintenance of Presentation

Book and Correction Note-Book thereof; and 50

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(c)

the provisions of the Fourteenth Schedule shall cease to be operative.

(4)

The Minister may, with the approval of the National Land

Council, by order published in the Gazette of the Federation, make any amendment to the Sixteenth Schedule that he may consider necessary, desirable or expedient.

Part Two—ADMINISTRATION

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