Malaysia legislation
Section 80
Section 80
Supplementary provisions relating to approvals
(1)
The rates of rent and premium determined by the State
Authority in pursuance of paragraphs 79(2)(d) and (e) shall, in the case of land of any class or description with respect to which rates are for the time being prescribed, be the rates so prescribed:
Provided that the State Authority may, in relation to rent or premium or both, determine different rates if it thinks fit to do so in the circumstances of any particular case, and may in particular (but without prejudice to the generality of the foregoing)
determine—
(i)
a higher rate of rent in a case where no premium is to be charged; or
(ii)
a nominal rate of rent where the land is to be alienated for any religious, educational, charitable or public purpose.
(2)
The State Authority may if it thinks fit direct that any State land be sold by auction; and in any such case, the State Authority shall, on the acceptance on its behalf of any bid for the land, be treated for the purposes of this Act as having approved the alienation thereof to the person or body by or on whose behalf the bid was made, and as having determined the matters specified in paragraphs 79(2)(a) to (g) in accordance with the terms on which the land was auctioned.
(3)
Subject to subsection 81(2), upon the approval of the alienation of any land by the State Authority under this Act and upon payment of all fees the Registrar shall prepare, register and issue a qualified title in respect of the land.
(3a)
Notwithstanding subsection (3) and subsection 180(1), the
Registrar may, where it appears just and expedient, dispense with the issuance of qualified title and proceed to prepare, register and issue final title in respect of the land.
(4)
Any land approved before the commencement of this Act for alienation under any previous land law, but not in fact so alienated, shall be taken as from that commencement to have been approved for alienation under this Act on the same terms as those determined by the State Authority at the time the approval was actually given:
Provided that the said terms—
(i)
shall, if they provided for the land to be alienated rent-free, or for rent to be paid in respect thereof otherwise than at a rate per hectare or lesser unit of area, be modified by the State Authority so as to provide for the payment of rent at such a rate; and
(ii)
may, even where they provided for the payment of rent at such a rate, be modified if the State Authority thinks fit by the substitution of a different rate, whether higher or lower.