Malaysia legislation
Section 26
Section 26
Charge of State on immovable property of Commission
(2)
Any such charge shall have priority over all other charges and mortgages, excepting only those as were created or made by the Commission or its predecessors with the sanction in writing of the Minister before the moneys became owing to or were advanced by the State.
(3)
The Minister by virtue of any such charge may, on behalf of the State at any time, so long as there are moneys owing by the
Commission to the State—
(a)
sell the whole or any part of the immovable property of the Commission, either by public auction or private contract, and on such sale execute a conveyance of the immovable property sold, which conveyance shall, without the concurrence of the Commission, vest the property in the purchaser;
(b)
by notice published in the Gazette declare that the whole or any part of the immovable property of the Commission shall, on a date to be mentioned in the notice, vest in the
State, and thereafter the immovable property of the
Commission described in the notice shall, on the date mentioned in the notice, vest in the State for all the estate, right and title of the Commission, freed and discharged from all charges and mortgages created or made by the Commission, saving only such mortgages and charges as are excepted in subsection (1) and are subsisting securities; and
(c)
appoint some person to receive the rates and other income which the Commission is entitled to receive, or any portion thereof, and apply the same in discharge of the amount due and of all expenses incurred by the Government in respect of the appointment of that person, and of the recovery by him of the said rates and income; and the person so appointed shall have, for the recovery of the said rates or other income, all the powers conferred by this Act on the Commission for the said purpose.
(4)
Whenever any declaration has been made under this section notice thereof shall be given to the appropriate land authority who shall thereupon make an entry upon the register document of title that the land, described in the notice containing the declaration, has vested in the State.
Penang Port Commission 29
Procedure to enable the Commission to acquire land under the
Land Acquisition Act