General power to take possession
The Land Administrator may take possession—
(a) of any land in respect of which an award has been made under section 14, such possession being taken at the time of the service upon the occupier of such land of a notice in Form H, or at any time thereafter;
(b) of any land specified in a Certificate of Urgency issued under section 19, whether or not any award has been made in respect of such land:
Provided that the Land Administrator shall not take possession of any part of any land under paragraph (b) which is occupied by any building, except in accordance with section 20.
Power to take possession in urgent cases
Where any land, described in any notice in Form E given under section 10, is in the opinion of the State Authority urgently required for use for a public purpose, or for a public utility in the case of an acquisition under paragraph 3(1)(b), the State Director may, on or after the expiration of fifteen days from the date of the giving of such notice, issue a Certificate of Urgency directing the Land Administrator to take possession of such land, subject to section 20.
Special provisions relating to buildings
Where on any scheduled land in respect of which a Certificate of Urgency has been issued there is any building the Land Administrator shall, upon taking formal possession as provided in section 22 of the land not built upon, other than the main access to the building, serve notices in Form J upon—
(a) the occupier of the building requiring that he vacate the building within such period, not exceeding sixty days from the date of the notice, as may be specified therein;
(b) the owner of the building making an offer of compensation in respect of the building—
(i) where the building is a permanent structure, of the value of the building as it stands;
(ii) where the building is of temporary construction, or is otherwise capable of removal and re-erection, of the value of the building or the cost of its removal and re-erection.
Procedure on acceptance or rejection of offer of compensation
(1) Where the owner of a building accepts an offer of compensation under section 20 the Land Administrator—
(a) may take possession of such building on the expiration of the period prescribed in the notice in Form J; or
(b) may, upon its removal by the proprietor, pay the cost of its removal and re-erection.
(2) Where the owner of a building does not accept an offer of compensation under section 20 the Land Administrator—
(a) where the building is a permanent structure, shall not take possession thereof until he has obtained a valuation of such building by a competent valuer; or
(b) where the building is of temporary construction, or is otherwise capable of removal and re-erection, may himself remove and re-erect such building.
Formal possession
(1) The Land Administrator shall take formal possession of any scheduled land by serving upon the occupier thereof or, if he cannot be found, by posting thereon, a notice in Form K.
(2) A copy of the list of lands gazetted under subsection 8(1), or any relevant part thereof, shall be included as a schedule to the notice in Form K.
(3) Upon taking possession of land under subsection (1) the Land Administrator shall also serve a copy of the notice in Form K upon—
(a) the registered proprietor of the land, where he is not the occupier; and
(b) the proper registering authority, where he is not the Land Administrator himself.
Entry in register
The proper registering authority, upon receipt of the notice in Form K, or the Land Administrator of his own motion after completing Form K, shall, upon the register document of title or other appropriate record in his possession as specified in subsection 9(2) or (3), make with respect to any scheduled land a memorial—
(a) that the whole of such land has been acquired and has vested in the State Authority or, in the case of a parcel of a subdivided building, in the person or corporation on whose behalf the parcel has been acquired; or
(b) that so much of the land as is specified in the last column of the schedule to such Form has been acquired.
Delivery of issue and other documents of title
(1) Where the issue document of title to any scheduled land has not previously been delivered to him, the Land Administrator shall, by a notice in writing in Form L require any person in whose possession such document may be, to deliver such document to the Land Administrator; and upon service of such notice upon him such person shall be legally bound to deliver such document to the Land Administrator.
(2) Where any document of title delivered to the Land Administrator under subsection (1) relates to a title of which the records are kept by some authority other than the Land Administrator, the Land Administrator shall on receipt thereof forward such document to the proper registering authority.
Revision of rent and resurvey where part of lot acquired
(1) Where only part of a lot is acquired under this Act, the Land Administrator shall revise the rent (if any) payable by the proprietor by reference to the estimated area of the part not acquired and, in the case of land held under Registry title, Land Office title or title evidenced by an entry in the Interim Register, shall cause the part retained by the proprietor to be resurveyed.
(2) When part of a lot has been resurveyed pursuant to subsection
(1), the revised rent (if any) payable by the proprietor shall be recalculated by reference to the area of the part as established by the survey.
(3) Rent revised or recalculated under subsection (1) or (2) shall become payable at the revised or recalculated rate at the beginning of the calendar year following the calendar year in which the revision or recalculation takes place.
Title in continuation where part of lot acquired
(1) Where part of a lot has been resurveyed pursuant to subsection 25(1), the proper registering authority shall—
(a) in the case of land held under Registry title or Land Office title, issue title in continuation to the part retained by the proprietor as if he were issuing title in continuation to land as a whole;
(b) in the case of land held under title evidenced by an entry in the Interim Register, issue title in continuation to the part so retained in accordance with subsection (2).
(2) For the purposes of subsection (1) title in continuation shall, notwithstanding anything in the State land law, consist of a fresh folio of the Interim Register which shall replace and shall be in the same form as the folio relating to the original lot.
(3) Where a lot which has been partially acquired is held under qualified title, the proper registering authority shall—
(a) correct the boundaries shown on the register document of title; and
(b) if an issue document of title exists and has been delivered to the Land Administrator pursuant to section 24, correct the boundaries shown thereon and return the document to the person who so delivered it.
Disposal of documents
(1) Subject to paragraph 26(3)(b) and to the following subsections, the issue document of title delivered pursuant to section 24 shall be retained by the proper registering authority and disposed of in such a manner as may be provided by rules made under section 69.
(2) Where an issue document of title delivered pursuant to section 24 relates to land which has not been acquired as well as to land which has been acquired, the proper registering authority shall make an endorsement indicating that it has been cancelled in so far as it relates to the land which has been acquired and shall then return it to the person who delivered it.
(3) Where an issue document of title delivered pursuant to section 24 (not being an issue document of title of the kind mention in subsection (2)) is of historic or other interest to the person who delivered it, that person may apply in writing to the proper registering authority for the return of the issue document of title; and the proper registering authority shall, after cancelling the issue document of title in the manner provided by rules made under section 69 or, where no manner of cancellation is so provided, in whatever manner he thinks suitable, return it to the applicant.
Valuation of differences in area
Whenever as a result of a survey made in accordance with subsection 25(1) a difference is found to exist between the area of any land acquired and the area of scheduled land specified in an award under section 14, such difference shall be valued at the same rate as that at which the land in question has been valued in the award in Form G.
Payment of Compensation
Payment of compensation or deposit in Court
(1) After a notice of award in Form H has been served in the manner prescribed by section 53 upon all interested persons the Land Administrator shall, as soon as may be, make payment of each amount awarded to the person entitled thereto unless—
(a) there shall be no person competent to receive such payment;
(b) the person entitled thereto does not consent to receive the amount awarded; or
(c) there is a dispute as to the right or title of the person to receive the compensation, or as to the apportionment thereof.
(2) In the cases referred to in paragraphs (1)(a), (b) and (c) the Land Administrator shall apply ex parte to the Registrar of the Court in chambers, supported by affidavit, for an order to deposit the amount awarded into Court and, notwithstanding anything to the contrary in the law for the time being in force relating to civil procedure, the Registrar shall have power to make such order.
Withholding of twenty-five per cent of compensation
29A . (1) Where the total amount of any award in respect of any scheduled land exceeds fifteen thousand ringgit, then, notwithstanding section 29, the Land Administrator shall, subject to subsection (2), make payment of only seventy-five per cent of the amount of the award, and shall withhold twenty-five per cent thereof until the amount of compensation is finally determined either by the Court under section 47 or, if there is an appeal or further appeal pursuant to section 49, on the appeal or further appeal, under the following circumstances—
(a) before the expiry of six weeks from the date of service of Form H on the Government, person or corporation on whose behalf such land was acquired; or
(b) if before the expiry of the said period such Government, person or corporation has made an objection under section 37 to the amount of compensation or any other objection which may affect such amount.
(2) If within the period specified in paragraph (1)(a) no such objection as is referred to in paragraph (b) of that subsection is made, then, as soon as may be after the expiry of that period, the Land Administrator shall make to the person entitled thereto payment of the amount withheld under paragraph (a) of that subsection.
(3) If such final determination results in a reduction of the amount of compensation, the amount withheld or so much thereof as equals the amount of the reduction, as the case may be, shall become free of all claims in respect of the compensation, and the remainder, if any, shall, as soon as may be, be paid to the person entitled thereto.
(4) If such final determination does not result in a reduction of the amount of compensation, the amount withheld shall, as soon as may be, be paid to the person entitled thereto.
(5) The Land Administrator shall pay on every amount paid under subsection (3) or (4) late payment charges at the rate of eight per cent per annum from the time of payment of seventy-five per cent of the amount of the award until the time of payment of the first-mentioned amount.
Receipt of payment under protest, etc.
Notwithstanding anything contained in section 29—
(a) any interested person may receive a payment of the amount awarded under protest as to the sufficiency of such amount;
(b) any person who has received any payment of any amount awarded otherwise than under protest shall not be entitled to require that his claim be referred to the Court under section 37.
Payment in error, etc.
Any person who may have received the whole or any part of any compensation awarded for an interest in any scheduled land either in error or before it has been established that another person is rightfully entitled to such interest shall be liable, on demand by the Land Administrator, to refund the amount received or to pay it to the person entitled thereto within three months or such longer period as the Land Administrator may specify in his demand.
Late payment charges
(1) When the amount of any compensation awarded under this Act in respect of any land is not paid or deposited on or before the due date, the Land Administrator shall pay the amount awarded with late payment charges thereon at the rate of eight per cent per annum from the due date until the time of such payment or deposit.
(1A ) In its application to an award the payment of which is subject to section 29 A, subsection (1) shall be construed as if the reference therein to the amount awarded were a reference to seventyfive per cent of the amount awarded.
(1B ) Where, in the case of an award the payment of which is subject to subsection 29A(1), seventy-five per cent of the amount of the award is not paid or deposited on or before the due date in relation to the land in respect of which the award is made, the Land Administrator shall pay on the amount paid under subsection (3) or (4) of that section late payment charges at the rate of eight per cent per annum from the due date until the time of payment or deposit of seventy-five per cent of the amount of the award.
(1C ) In this section “due date” in relation to any land means the date of taking possession of the land or a date three months after the service of a notice under subsection 16(1) in respect of the land, whichever is the earlier.
(2) Where any valuation is made under section 28 relating to any difference in area found on final survey, there shall be added to the amount of such valuation late payment charges thereon at the rate of eight per cent per annum from the date at which possession was taken or compensation paid, whichever shall have been the earlier; and the Land Administrator shall, as the case may require, either pay any such amount and late payment charges to the person interested, or obtain from him a refund thereof.
Meaning of “payment” 32A . For the purposes of sections 29A, 32 and 48, “payment” is deemed to have been made on the day as notified in writing by the Land Administrator that the cheque, money order or cash is available for collection by the person interested, or on the day the cheque or money order is sent by registered post to the person interested, or on the day of the delivery of the cheque or money order by the Land Administrator to the Court.
Extension to and Withdrawal from Acquisition
Acquisition of other land where severance claim is excessive
(1) Whenever the State Authority is of the opinion that a claim to compensation made by a person interested on account of the severing of the land to be acquired from his other land is unreasonable or excessive, the State Authority may at any time before the possession of the land has been taken order the acquisition of the whole or of any additional portion of such remaining land.
(2) On the making of any order under subsection (1) no fresh declaration or other proceedings under sections 7 to 11 shall be necessary, but the Land Administrator shall—
(a) without delay furnish to the person interested a copy of the order of the State Authority; and
(b) thereafter proceed to make an award as in section 14.
Acquisition of part of a building
(1) This Act shall not be applied for the purpose of acquiring a part only of a building if —
(a) such part is reasonably required for full and unimpaired use of the building; or
(b) the person interested in such building desires that the whole thereof shall be acquired:
Provided that such person may at any time before the Land Administrator has made an award under section 14 by notice in writing withdraw or modify his expressed desire that the whole of such building shall be so acquired.
(2) If any question arises as to whether any land proposed to be taken under this Act does or does not form part of a building which is reasonably required for the full and unimpaired use thereof within the meaning of this section, such acquisition shall be determined by agreement between the parties; and in default of any such agreement, the Land Administrator—
(a) shall refer the determination of such question to the Court; and
(b) shall not take possession of such land until after such question has been determined.
Withdrawal from acquisition
(1) The State Authority shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(1A ) Notification of every withdrawal from the acquisition of any land shall be published in the Gazette.
(2) Whenever the State Authority withdraws from any acquisition under subsection (1), the Land Administrator shall—
(a) determine the amount of compensation due for the damage, if any, done to such land by action taken under section 5 and not already paid for under section 6, and pay such amount to the person injured; and
(b) pay to the persons interested all such costs as shall have been incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings.
(3) The First Schedule shall apply, so far as may be, to the determination of the compensation payable under this section.
(4) The Land Administrator or other registering authority shall make a note of any withdrawal under this section in the manner specified in subsection 9(2) or (3).
(5) Notwithstanding anything contained in this section, the State Authority shall reserve the right to forfeit an amount which is sufficient to defray the amount of costs and damages incurred by any person interested and such amount shall be determined by the Land Administrator and shall be deducted from the deposit under paragraph 3(3)(d) in the event of any withdrawal made under this section.
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).
