Acquisition of land
(1) The State Authority may acquire any land which is needed—
(a) for any public purpose;
(b) by any person or corporation for any purpose which in the opinion of the State Authority is beneficial to the economic development of Malaysia or any part thereof or to the public generally or any class of the public; or
(c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes.
(2) An application for the acquisition of any land under paragraph (1)(b) or (c) shall be made in writing to the Land Administrator in the form as prescribed in the Rules made under this Act.
(3) Any application made under paragraph (1)(b) or (c) shall be accompanied by—
(a) the project proposal;
(b) the layout and land acquisition plan;
(c) the preliminary Government valuation report of the land to be acquired; and
(d) such fee and deposit as may be prescribed in the Rules made under this Act:
Provided that the Sate Authority may grant partial or total exemption from the payment of any fee to any Federal or State corporation expressly empowered to hold land under any written law and where the acquisition is for the purpose of public utility.
(4) Subject to subsection (6), the Land Administrator shall transmit the application and the accompanying documents to the State Economic Planning Unit or, in the case of an application made in the Federal Territory of Kuala Lumpur, to the Committee if he is satisfied that they are in order.
(5) The Land Administrator may reject any application which does not comply with the requirements in subsection (3).
(6) Where in respect of any land applied for under subsection (2) there is a development approval granted to the registered proprietor and the acquisition is not for the purpose of public utility, the State Authority shall not consider the application, and in every such case the Land Administrator shall reject the application.
Matters to be considered by the State Economic Planning Unit, or Committee, etc.
3A . (1) The State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall consider the application referred to in subsection 3(4) on the following aspects:
(a) public interest;
(b) the capacity and capability of the applicant to carry out the purpose for which the land is to be acquired;
(c) the feasibility of the project; and
(d) the development approval granted to the registered proprietor.
(2) Where there is a development approval granted in respect of any land and the acquisition is for the purpose of public utility, the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall determine whether it is appropriate in the circumstances for the registered proprietor to participate in the project for which the land is intended to be acquired.
(3) Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that it is appropriate for the registered proprietor to participate in the project referred to in subsection 3(3), it shall give directions to the applicant to negotiate with the registered proprietor within such specified period and on such terms and conditions as it deems fit on the form of co-operation and commercial arrangement regarding the project including, but not limited to, equity participation.
(4) The applicant to whom directions are given under subsection (3) shall furnish to the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, a report in such detail of the result of the negotiations as shall be sufficient to determine the nature and extent of the registered proprietor’s participation in the project.
(5) Where the negotiations made pursuant to subsection (3) are successful then the application for acquisition shall not be proceeded with any further.
(6) Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that the negotiations made pursuant to subsection (3) are unsuccessful or no conclusive decision has been achieved within the specified period, the State Economic Planning Unit or the Committee for the Federal Territory of Kuala Lumpur may proceed to consider the application and make any recommendation as it deems fit:
Provided that the recommendation shall not extend to compelling the registered proprietor to accept any participation in the project.
(7) The State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall, after it has considered each application under this section, transmit
the application with the accompanying documents referred to in subsection 3(3) and a report of the negotiations referred to in subsection (4), if any, together with its recommendation, to—
(a) the Committee, in the case of a State; or
(b) the State Authority, in the case of the Federal Territory of Kuala Lumpur:
Provided that where the Committee for the Federal Territory of Kuala Lumpur makes a recommendation to the State Authority such recommendation, where applicable, may include the imposition of any condition and restriction in interest on the land as provided in the State land law.
Application of section 3A where there is no development approval
3B . In respect of an application under subsection 3(2), where there is no development approval for the land, section 3A shall not apply except the provisions contained in paragraphs (1)(a), (b), (c) and subsection (7):
Provided that where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, finds it appropriate or necessary in the interest of the registered proprietor that the registered proprietor participates in the project, then, in such case, the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, may give directions to the applicant to negotiate with the registered proprietor and the provisions of subsections 3A(3), (4), (5), (6) and
(7) shall apply with the necessary modifications.
The Committee
3C . (1) For the purposes of this Act, there shall be established a Committee to be known as the “Jawatankuasa Khas Pengambilan Tanah”.
(2) The Committee shall—
(a) in the case of a State, consist of the following members:
(i) the State Secretary, as Chairman;
(ii) the State Director of Lands and Mines, as Secretary;
(iii) the Director of the State Economic Planning Unit or his representative;
(iv) the State Director of Town and Country Planning or his representative; and
(v) representatives of other related Government departments or agencies as may be determined by the Chairman; and
(b) in the case of the Federal Territory of Kuala Lumpur, consist of the following members:
(i) the Director General of the Economic Planning Unit or his representative, as Chairman;
(ii) the Under Secretary of the Federal Territory Development and Klang Valley Planning Division, Prime Minister’s Department;
(iii) a representative of the Economic Planning Unit, as Secretary;
(iv) the Land Administrator of the Federal Territory;
(v) the Director General of Lands and Mines or his representative;
(vi) the Commissioner of the City of Kuala Lumpur or his representative; and
(vii) representatives of other related Government departments or agencies as may be determined by the Chairman.
Evaluation by the State Committee
(1) On receiving the application referred to in subsection 3A(7) or section 3B , as the case may be, the Committee, in the case of a State, shall evaluate the appropriateness of the application and shall, not later than two months from the date of receiving the application, transmit it to the State Authority together with such recommendation as it thinks fit.
(2) The recommendation in subsection (1) may, where applicable, include the imposition of any condition and restriction in interest on the land as provided in the State land law.
(3) Where the Committee fails to transmit the application to the State Authority within the period of two months specified in subsection (1), the State Authority may direct the State Economic Planning Unit to transmit forthwith directly to the State Authority the application, the accompanying documents referred to in subsection 3(3) and a report of the negotiations referred to in subsection 3A(4), if any, together with the State Economic Planning Unit’s recommendations.
Decision of State Authority
(1) On receiving the application referred to in paragraph 3A(7)(b) or section 3D , as the case may be, the State Authority may approve or reject the application.
(2) Notwithstanding subsection (1), the State Authority shall not approve the application for the acquisition of land for any purpose larger in area than that needed for that purpose.
(3) Where the State Authority has approved the application under subsection (1), it shall notify the Land Administrator of the approval and such terms and conditions as the State Authority deems fit to impose and the Land Administrator shall forthwith notify the applicant of the approval and the terms and conditions.
(4) On receiving the notification under subsection (3), the applicant shall reply to the Land Adminstrator within thirty days of the receipt of the notification to confirm his acceptance of the terms and conditions of the approval imposed by the State Authority, failing which the applicant shall be deemed to have withdrawn his application.
(5) Where the State Authority has rejected any application under subsection (1), it shall notify the Land Administrator who shall forthwith inform the applicant and refund the full amount of the deposit paid, without payment of any interest, within a period of three months.
Withdrawal from acquisition by the applicant
3F . (1) Any applicant may withdraw from the acquisition of any land before the publication of the declaration under section 8 by giving a notice in writing to the Land Administrator.
(2) Where the applicant withdraws from any acquisition under subsection (1), or where the applicant is deemed to have withdrawn his application under subsection 3 E(4), the Land Administrator shall conduct an enquiry to determine the amount of deposit to be forfeited for the payment of compensation to the persons interested.
(3) Where there is a withdrawal under this section, subsections 35(2) and (3) shall apply with the necessary modifications.
Preliminary Investigation
Preliminary notice
(1) Whenever the State Authority is satisfied that any land in any locality in the State is likely to be needed for any of the purposes referred to in section 3 a notification in Form A shall be published in the Gazette.
(2) The Land Administrator shall give public notice of any notification published under subsection (1) in the manner prescribed by section 52.
(3) A notification under subsection (1) shall lapse in so far as it relates to any land or part of any land in respect of which there is not published in the Gazette within twelve months from the date of publication of such notification a declaration under subsection 8(1).
(4) Notwithstanding subsection (3), it shall be lawful for the State Authority to publish a fresh notification under subsection 4(1) in respect of the land or part of the land in relation to which the notification had lapsed if the State Authority is satisfied that such land or such part of the land is likely to be needed for any of the purposes referred to in section 3.
Power of entry and survey
(1) The State Director may by written authority in Form B generally or specifically authorize any officer or person, together with servants and workmen, to enter upon any land in any locality specified in a notification published under section 4, and to do such work as may be specified in such Form.
(2) A person authorized under subsection (1) shall, on demand by the occupier of any land upon which he enters, produce to such occupier his letter of authority in Form B together with a copy of the relevant notification in Form A.
(3) A person authorized under subsection (1) shall not enter into any building or upon any enclosed court or garden attached to a dwelling-house unless—
(a) he has first obtained the consent of the occupier thereof; or
(b) failing such consent, he has given the occupier three days’ notice in writing of his intention to do so.
Payment for damage
(1) Where any person authorized under subsection 5(1) causes damage to any land entered upon he shall as soon as possible compensate the occupier for all such damage.
(2) In the case of any dispute as to the compensation to be paid under subsection (1) the person authorized shall at once refer the dispute to the decision of the Land Administrator.
(3) Any occupier aggrieved by a decision of the Land Administrator under subsection (2) may appeal to the State Authority, whose decision thereon shall be final.
Declaration of Intended Acquisition
Preparation of plan and list of lands
Whenever any lands are needed for any of the purposes referred to in section 3 the Land Administrator shall prepare and submit to the State Authority—
(a) a plan of the whole area of such lands, showing the particular lands, or parts thereof, which it will be necessary to acquire; and
(b) a list of such lands, in Form C.
Declaration that land is required for a public purpose
(1) When the State Authority decides that any of the lands referred to in section 7 are needed for any of the purposes referred to in section 3, a declaration in Form D shall be published in the Gazette.
(2) A copy of the list of lands referred to in paragraph 7(b), amended, if necessary, in accordance with the decision of the State Authority, shall be included as a schedule to the declaration in Form D.
(3) A declaration in Form D shall be conclusive evidence that all the scheduled land referred to therein is needed for the purpose specified therein.
(4) A declaration under subsection (1) shall lapse and cease to be of any effect on the expiry of two years after the date of its publication in the Gazette in so far as it relates to any land or part of any land in respect of which the Land Administrator has not made an award under subsection 14(1) within the said period of two years, and, accordingly, all proceedings already taken or being taken in consequence of such declaration in respect of such land or such part of the land shall terminate and be of no effect.
(5) Where the declaration under subsection (1) has lapsed, subsections 35(2), (3) and (4) shall apply with the necessary modifications.
Land to be marked out and notice entered on register, etc.
(1) Upon the publication pursuant to section 8 of the declaration in Form D that any land is needed for the purpose specified in such Form, then—
(a) the Land Administrator shall cause the areas affected by the acquisition to be marked out upon the land, unless this has already been done to his satisfaction; and
(b) the Land Administrator or other registering authority shall make a note of the intended acquisition in the manner specified in subsection (2) or (3).
(2) The note of the intended acquisition required by paragraph (1)(b) shall be made—
(a) where the scheduled land is held by registered title, upon the register document of title; or
(b) where the scheduled land is occupied in expectation of title, upon the Register of Approved Applications, Register of Holdings or other appropriate register.
(3) (Deleted by Act A999).
Land Administrator to obtain information on land use of scheduled land, etc.
9A . (1) For the purposes of assessing the amount of compensation under the First Schedule, the Land Administrator shall request from the State Director of Town and Country Planning information on the following matters:
(a) whether the scheduled land is within a local planning authority area;
(b) whether the scheduled land is subject to any development plan under the law applicable to it relating to town and country planning; and
(c) if there is a development plan, the land use indicated in the development plan for the scheduled land.
(2) The State Director of Town and Country Planning shall, for the purpose of subsection (1), request for the information from the local planning authority.
(3) The local planning authority, upon receiving the request for information under subsection (2), shall provide the information required within two weeks of the request being made by the State Director of Town and Country Planning.
(4) The State Director of Town and Country Planning shall submit the information requested for by the Land Administrator under subsection (1) within four weeks of the request being made.
(5) The information obtained by the Land Administrator under this section shall be conclusive evidence, for the purpose of valuing the scheduled land, with regard to the land use at the date of the acquisition and shall not be used for any purpose other than for the purposes of this Act.
(6) Non-compliance with the time period stipulated in subsections (3) and (4) shall not invalidate the acquisition or the award.
(7) Paragraphs 1(b) and (c), subsections (4), (5) and (6) shall apply in respect of the Federal Territory of Kuala Lumpur except that for references to the State Director of Town and Country Planning there shall be substituted references to the Commissioner of the City of Kuala Lumpur.
Commencement of Proceedings
Land Administrator to commence proceedings
(1) The Land Administrator shall, having completed the action required by section 9, commence proceedings for the acquisition of the land by giving public notice in Form E in the manner prescribed by section 52, and by fixing the date of an inquiry for the hearing of claims to compensation for all interests in such land.
(2) The Land Administrator shall not hold such inquiry earlier than twenty-one days after the date of publication of the notice referred to in subsection (1).
(3) A copy of the schedule to the declaration in Form D gazetted under subsection 8(2) shall be appended to every notice in Form E.
Service of notices
(1) The Land Administrator shall, in addition to giving public notice as required by subsection 10(1), in respect of all scheduled land specified in every notice in Form E, serve copies of such notice in the manner prescribed by section 53, upon—
(a) the occupier of such land;
(b) the registered proprietor of such land, where he is not the occupier thereof;
(c) any person having a registered interest in such land;
(d) any person whom he knows or has reason to believe to be interested therein:
Provided that no omission or failure to serve such notice upon any person falling under paragraph (b) or (c) shall invalidate any enquiry held pursuant to the notice or any award made upon the conclusion of the enquiry if, by reason of damage or deterioration of the register document of title to such land, such person cannot be ascertained.
(2) The Land Administrator in any particular case may also, by service of a notice in Form F, require the registered proprietor of any land, specified in any notice in Form E, or any other person who may in the opinion of the Land Administrator have knowledge of the fact referred to therein, within such period as may be prescribed in such notice to furnish a statement in writing of the information required by such Form.
Procedure at Enquiry
Enquiry by the Land Administrator
(1) On the date appointed under of subsection 10(1) the Land Administrator shall make full enquiry into the value of all scheduled lands and shall as soon as possible thereafter assess the amount of compensation which in his opinion is appropriate in each case, according to the consideration set out in the First Schedule:
Provided that the Land Administrator may obtain a written opinion on the value of all scheduled lands from a valuer prior to making an award under section 14.
(2) The Land Administrator shall also enquire into the respective interests of all persons claiming compensation or who in his opinion are entitled to compensation in respect of the scheduled land, and into the objections, if any, made by any interested person to the area of any scheduled land.
(3) The Land Administrator may for a sufficient cause to be recorded by him in writing postpone any enquiry or adjourn any hearing of an enquiry from time to time.
Power to summon witnesses, etc.
(1) The Land Administrator making an enquiry under section 12 shall have all the powers of a Court for the summoning and examination of witnesses, including the persons interested in the land which is the subject of the enquiry, the administration of oaths or affirmations, and for compelling the production and delivery to him of documents, including issue documents of title and other documents evidencing title.
(2) Every person required to appear before or to make or deliver a written statement to the Land Administrator by notice in Form E or F shall, without prejudice to the generality of the powers conferred by subsection (1), be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code [Act 574].
Award of the Land Administrator
(1) Upon the conclusion of the enquiry under section 12 relating to any scheduled land the Land Administrator shall prepare a written award under his hand in Form G, in which he shall, in respect of each separate area of scheduled land, make a separate award in respect of each person whose interest in the land has been established in such enquiry.
(2) Every award prepared under subsection (1) shall be filed in the office of the Land Administrator and shall be final and conclusive evidence of the area of any scheduled land, of its value in the opinion of the Land Administrator, and of the apportionment of the compensation awarded by the Land Administrator, whether the persons interested therein have or have not appeared at the enquiry.
(3) An award under this section shall not be invalidated by reason only of the fact that the area in respect of which the award is made is greater or smaller than the area of scheduled land:
Provided that the difference between the area in respect of which the award is made and the area of scheduled land does not exceed one quarter of a hectare or one percentum of the area of scheduled land, whichever is the greater:
And provided further that any person interested who is aggrieved by any increase in the area in respect of which the award is made may make an objection to the award in the manner prescribed by section 37.
(4) Wherever the area of land in respect of which an award is made under this section—
(a) exceeds by not more than one quarter of a hectare or one percentum, whichever is the greater, the area of the scheduled land, it shall not be necessary for any further declaration in respect thereof under section 8 to be made and published;
(b) is less than the area of the scheduled land by not more than one quarter of a hectare or one percentum, whichever is the greater, it shall not be necessary for any formal withdrawal therefrom to be made under section 35.
(5) The Land Administrator shall determine the amount of the costs, which shall include any valuation fee imposed by the valuer, incurred in the proceedings and by what persons and in what proportion they are to be paid.
Power of Land Administrator to enter into arrangement, etc.
(1) In the course of making any enquiry and award under sections 12 and 14 the Land Administrator may, in respect of any scheduled land, whether by way of full or partial substitution for monetary compensation, enter into any arrangement with a person having an interest in such land in such a way as may be equitable, having regard to the interests of the parties concerned.
(2) Whenever the Land Administrator enters into any arrangement under subsection (1) he shall make an entry of the particulars thereof in the appropriate register.
Service of award
(1) On making any award under subsection 14(1) in respect of any scheduled land the Land Administrator shall prepare and serve on each person interested in such land a notice in Form H.
(2) Every notice in Form H shall include an extract from the written award of the Land Administrator in Form G, relating to the land in which the person to whom such notice is addressed has an interest.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
