Act 828
National Land Code (Revised - 2020)
Kanun tanah negara (disemak - 2020)
Sections 151–156, 161–163 and 355–374 were repealed by later amendments.
An Act to amend and consolidate the laws relating to land and land tenure, the registration of title to land and of dealings therewith and the collection of revenue therefrom within the States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Terengganu and the Federal Territories of Kuala Lumpur, Putrajaya and Labuan and for purposes connected therewith.
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s 1Short titles 2Applications 3Commencements 4Savingss 5Interpretations 5AComing into operation of the Computerized Land Registration System in any land Registrys 5BAmendment of the Fourteenth Schedules 5CModifications to facilitate the implementation of Pengurusan Danaharta Nasional Berhad Act 1998s 5DComing into operation of the Electronic Land Administration System in any land Registrys 6Director General of Lands and Mines (Federal) and other Federal Officerss 7Delegation of Minister’s powers to Director Generals 8General powers of Director Generals 9National Land Council: initiation of action with respect to certain matterss 10Regulation of procedure, etc., of Survey and Mapping Departments 11Administrative areass 12State Director and other State Officerss 13Delegation of powers of State Authority to State Director, etc.s 14Power of State Authority to make ruless 15General powers of State Director, etc.s 16Actions by and against the State Authoritys 17Power to require removal, etc., of treess 18Power to consolidate notices, orders and notificationss 19Information to be kept secrets 20Purchase of land by officers, etc.s 21Officers to be public servantss 22Protection of officerss 23Interpretations 24Conduct of enquirys 25Time and place of enquirys 26Enquiry to be open to publics 27Notice of enquirys 28Cancellation and postponement of enquiries, and change of venues 29Hearing of enquirys 30Veracity of evidences 31Substance of evidence and reasons for decision to be recordeds 32Inspection of record of evidence, etc.s 33No alteration, etc., of decision or orders 34Re-opening of enquirys 35Death etc., of Land Administrators 36Former applicationss 37Appeals 38Costs of enquirys 39Application of Penal Codes 40Property in State land, minerals and rock materials 41Powers of disposal of State Authority, and rights in reversion, etc.s 42Powers of disposals 43Persons and bodies to whom land may be disposed ofs 44Extent of disposal: generals 45Extent of disposal: minerals, rock material and forest produces 46Reversion, etc., to the State Authoritys 46AReversion to State Authority of an undivided share in land or parcel of subdivided buildings 47Buildings to vest in State Authority on reversion, etc.s 48No adverse possession against the States 49Effect of advance or retreat of sea, etc.s 50Power of State Authority to vary provisions, extend time, etc.s 51Classification of lands 52Categories of land use and application thereof to lands alienated under this Acts 53Conditions affecting use of lands alienated before commencement until category of land use imposeds 54Application of categories of land use to lands alienated before commencements 55Application of section 53 to lands approved before commencements 56Application of section 54 to lands approved before commencements 57Generals 58Nature and extent of rightss 59Notice of intended workss 60Objection to intended workss 61Compensations 61APrivate person carrying out workss 62Power of reservation of State lands 63Power to lease reserved lands 64Revocation of reservations 65Power to licence temporary occupation of State land, mining land and reserved lands 66Issue of temporary occupation licencess 67Duration, conditions, etc., and form of temporary occupation licencess 68Temporary occupation licences not capable of transfer or transmission on deaths 68ADeposits in respect of temporary occupation licence
Chapter 3
s 69s 70Power to permit extraction, removal and transportation of rock materials 71Issue of permitss 72Duration, conditions, etc., and form of permitss 73Permits not capable of transfer or transmission on deaths 74Deposits in respect of permitss 75Effect of permits on conditions affecting lands 75APower to permit use of air space above State land or reserved lands 75BApplications for permitss 75CIssue of permits on approvals 75DConditions, etc., of permitss 75EPermits not capable of assignment except with consent of State Authoritys 75FDeposit or security in respect of permitss 75GPower to cancel permitss 76Meaning of alienations 77Titles under which land may be alienateds 77As 78How alienation is effecteds 79General provisions relating to approvalss 80Supplementary provisions relating to approvalss 81Items of land revenue payable on approvals 82Power to require payment of deposits 83Survey for purposes of alienation under final titles 84Recomputation of items of land revenue after surveys 85Register and issue documents of titles 86Form of documents for Registry titles 87Form of documents for Land Office titles 88Registration of register documents of titles 89Conclusiveness of register documents of titles 90Issue of issue documents of titles 90AExtension of land alienated for a term of yearss 91Exemption of documents of title from stamp dutys 92Indefeasibility of final title, and rights of dealing, etc.s 92AInterpretations 92BSpecification of rights in respect of underground land upon alienations 92CAlienation of underground State lands 92DApplication for independent use or alienation of underground land below alienated lands 92ESpecification of rights in respect of underground land upon the grant of a lease of reserved lands 92FLease of underground land below reserved lands 92GApplication for independent use of underground land below leased reserved lands 92HRelationship of this Part to other provisions of this Acts 92IRegulations by the Ministers 93Rent to be a debt due to State Authoritys 94When rent due, and when in arrears 95Where rent payables 96Computation of rentss 96ARent of land with subdivided buildings 97Notice of demands 98Right of chargees, lessees, etc., to pay sum demandeds 99Effect of payment of sum demandeds 100Forfeiture for non-payment of sum demandeds 101Power of State Authority to revise rents periodicallys 102Power in respect of lands alienated before commencements 103Interpretation and scopes 104Conditions and restrictions in interest to run with the lands 105Duration of conditions and restrictions in interests 106Time to be of the essence of fixed-term conditions of a positive characters 107Extension of time for compliance with fixed-term conditions of a positive characters 108Conflict with local by-laws, etc.s 109Conditions, etc., applicable on alienations 110Conditions, etc., applicable as from commencements 111Conditions, etc., applicable after category of land use imposed under section 54s 112Conditions, etc., applicable on alienation, and after imposition of category of land use by virtue of section 56s 113Manner in which changes may be effecteds 114Implied conditions affecting all alienated lands 115Implied conditions affecting land subject to the category “agriculture”s 116Implied conditions affecting land subject to the category “building”s 116As 117Implied conditions affecting land subject to the category “industry”s 118Implied condition affecting agricultural land alienated under qualified titles 119Implied condition affecting land alienated before commencement for padi cultivations 120Imposition of express conditions and restrictions in interest on alienation under this Acts 121Category: Agricultures 122Categories: Building and Industrys 123Imposition of express conditions on land becoming subject to a category under section 54s 124Power of State Authority to vary conditions, etc., on application of proprietors 124ASimultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portionss 125When a breach of condition arisess 126Breach of complex conditions 127Liability to forfeiture for breach of conditions 128Summary action to secure remedying of breach of conditions 129Action to enforce forfeiture for breach of conditions 130Forfeiture to take effect upon notification in the Gazettes 131Effects of forfeitures 132Land not to be re-alienated, etc., during period for appeal against forfeitures 133Power of State Authority to annul forfeiture, or re-alienate to previous proprietor on new terms, etc.s 134Appeals against forfeitures 135Power of proprietor to subdivide with approval of State Director or Land Administrators 136Conditions for approval of subdivisions 137Applications for approvals 138Powers of Land Administrator or State Director in relation to applicationss 139Issue of title to subdivisional portionss 140Powers of co-proprietors to partition with approval of State Director, Land Administrator or State Authoritys 141Conditions for approval of partitions 141AApplication for partition by any co-proprietors 142Applications for approvals 143Powers of Land Administrator or State Director in relation to applicationss 143APower of State Authority in relation to application for partition of land subject to the category “agriculture”s 144Issue of title to individual portionss 145Power of Court to facilitate termination of co-proprietorships 146Power of proprietor to amalgamate contiguous lots with approval of State Director or Land Administrators 147Conditions for approval of amalgamations 148Applications for approvals 149Powers of Land Administrator or State Director in relation to applicationss 150Issue of title to combined areas 157AApplication by donee of a power of attorneys 157BProcedure in respect of filing of copy of power of attorneys 158Registry title—the register of grants and the register of State leasess 159Land Office title—the Mukim Registerss 160Saving for existing registerss 160ADefinition of “new district”s 160BPowers of Land Administrator of new district in respect of registerss 160CIssue of title in continuations 164When title in continuation may be issued under this Chapters 165General provisions with respect to documents in continuations 166Circumstances in which title in continuation may be issued to land as a wholes 167Preliminary procedure in circumstances described in paragraph 166(1)(a) or (e)s 168Preliminary procedure in circumstances described in paragraph 166 (1)(c) or (d)s 169Costs of issuing title in continuation to land as a wholes 170Form and content of documents in continuation of title to land as a wholes 171Preliminary procedure in cases of subdivisions 172Preliminary procedure in cases of partition and amalgamations 173Form and content of documents in cases of subdivision, partition and amalgamations 174Cancellation, etc., of subsisting documents of titles 175Power to issue duplicate issue document only where register document not in need of renewals 175APower to replace register document of title where the register is lost, etc.s 175BApplication for registration as a proprietor of land or of interest in the present registers 175CPreparation of provisional register document of titles 175DProvisional register document of title to be opened for inspections 175EObjections 175FAuthentication of the provisional register document and the effect of such authentications 176Purposes and effect of qualified titles 177Forms of qualified title, and documents of title appropriate theretos 178Preparation, registration and issue of documents of qualified titles 179Registers of qualified titles 180Qualified title to be registered and issued upon approval of alienations 181Procedure prior to registration and issue of qualified titles 182Rent to be paid on basis of approved areas 183s 183APower of Registrar or Land Administrator relating to the issuance of final title upon subdivisions 184Partitions 184APower of Registrar or Land Administrator relating to the issuance of final title upon partitions 185Amalgamations 185APower of Registrar or Land Administrator relating to the issuance of final title upon amalgamations 186Contents of documents prepared on subdivision, partition or amalgamations 187Power to issue title in continuation where register document full up, etc.s 187APower to replace register document of qualified title where the register is lost, etc.s 187BPower to issue duplicate issue document of qualified title only where register document not in need of renewals 187AAPower to issue title in continuation upon creation of a new district under section 160as 188Cancellation, etc., of subsisting documents of titles 189Conversion to take place after surveys 190Procedure in case of land alienated under qualified titles 191Procedure in case of land held under qualified title on subdivision, etc.s 192Preparation, registration and issue of documents of final titles 193Contents of documents of titles 194Cancellation, etc. of subsisting documents of titles 195Power to surrender whole or part with approval of State Director or Land Administrators 196Conditions for approval of surrenders 197Applications for approval of surrender of wholes 198Procedure on applicationss 199Revesting of land and destruction of issue documents 200Applications for approval of surrender of parts 201Procedure on applicationss 202Revesting of part surrendered, and resurvey of part retaineds 203Applications for surrender and re-alienation, and procedure thereons 204Procedure for re-alienations 204ADeclaration as to continued operation of section 124 and Chapters 1 and 3 of Part Nines 204BPower to approve surrender and re-alienations 204CConditions for approval of surrender and re-alienations 204DApplications for approval of surrender and re-alienations 204EProcedure on applicationss 204FReconsideration under subsection 79(2) and withdrawal of applications 204GReversion of land and destruction of issue documents 204HApplication of Act to re-alienation as to alienations 204GALand subject to a charges 205Dealings capable of being effected, and persons capable of taking thereunders 206Need for proper instrument of dealing, duly registereds 207Form of instruments of dealings 208Instruments to contain description, etc., of partiess 209Instruments to contain proper description of land affecteds 210Execution of instruments of dealings 211Attestation of instruments of dealings 212Inclusion in one instrument of dealings affecting different landss 213Special provisions with respect to tenancies exempt from registrations 214What may be transferred, and restrictions on exercise of powerss 214AControl of transfer of estate lands 215Form, and effect generally, of transfer of lands 216Additional provisions with respect to lands transferred subject to leases, charges, etc.s 217Form and effect of transfer of undivided shares 218Form of transfer of lease or charges 219Effect of transfer of lease or charges 220Form and effect of transfer of exempt tenancys 221Power of proprietors to lease for terms exceeding 3 yearss 222Power of lessees and sublessees to sublet for terms exceeding 3 yearss 223Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 yearss 224Calculation of terms of leases and tenanciess 225General restrictions on powers conferred by this Chapters 226Additional restriction where land or lease subject to prior charges 227Effect of leases and tenanciess 228Options for renewal, or for purchase of reversions 228AReference to a part of any buildings 229Incorporation of agreements set out in Sixth Schedules 230Agreements implied in all leases and subleasess 231Agreements by lessees and sublessees implied in absence of contrary intentions 232Agreements by lessors and sublessors implied in absence of contrary intentions 233Construction of implied agreements to keep “in repair”s 234Power of forfeitures 235Notice before forfeitures 236Effect of forfeitures 237Relief against forfeitures 238Relief to persons and bodies having dependent interestss 239Surrenders 240Determination otherwise than by surrenders 241Powers of chargings 242Form of chargess 243Effect of chargess 244Custody of issue document of title or duplicate leases 245Restriction on consolidations 246Tacking of further advancess 247Postponement of chargess 248Application of this Part to existing chargess 249Agreements by chargor implied in all chargess 250Agreements by chargor implied in absence of contrary intentions 251Implied agreement by chargee as to consent to leases, etc.s 252Construction of implied agreements to keep “in repair”s 253Purpose and scope of this Chapters 254Service of default notice, and effect thereofs 255Special provision with respect to sums payable on demands 256Application to Court for order for sales 257Matters to be dealt with by order for sales 258Procedure prior to sales 259Procedure at sales 260Application to Land Administrator for order for sales 261Land Administrator to hold enquirys 262Provisions as to enquirys 263Order for sale, and matters to be dealt with therebys 264Procedure prior to sales 264APostponement or cancellation of an order for sale by Land Administrators 265Procedure at sales 266Right of chargor to tender payment at any time before sales 266AStatement of payment dues 267Effects of sales 267AApplication of deposit upon failure to settle purchase price, etc.s 268Application of purchase moneys 268AApplication of purchase money by chargee who is a financial institutions 269Protection of purchaserss 270Limitation of powers to certain lands, and to first chargees onlys 271Power of chargee to take possession on any default by chargors 272Procedure for taking possessions 273Duration of right to possessions 274Position of chargee in possessions 275Power of chargee in possession to grant leases and accept surrenderss 276Provisions as to notices by chargees to receive rentss 277Application of rents and profits by chargees in possessions 278Discharge otherwise than by payments 279Discharge by payment to Registrar in cases of death, absence or disabilitys 280Memorialization on discharge by payments 281Creation, and effect, of lienss 282Meaning of “easement”s 283Rights able to be granted as easementss 284Necessity for express grants 285Restrictions on power to grants 286Form, and effect, of grantss 287Enjoyment of easements by lessees, tenants and chargees in possessions 288Special provisions as to easements of ways 289Release of easement by dominant proprietors 290Extinguishment of easements by unity of title and possessions 291Cancellation of easements by Registrars 292Instruments capable of being registered, and method of presentation therefors 292ALodgement of instrument in electronic forms 293Fees to accompany instruments so presenteds 294Documents to accompany instruments so presenteds 295Entry of instruments in Presentation Books 296Withdrawal of instrumentss 297Registrar to determine fitness for registration, and register if fit and accompanied by necessary documentss 298Rejection or suspension for unfitness, or absence of certain documentss 299Procedure in absence of other documentss 300Instruments to be dealt with in order of presentations 301When an instrument is fit for registrations 301ARents to be paid before presentations 302Enquiries, etc., by Registrars 303Limitations on Registrar’s powerss 304How instruments to be registered, and time from which registration effectives 305Other action by Registrar in connection with registrations 306Documents on which copy memorials to be made pursuant to section 305s 307Additional endorsements to be made pursuant to section 305s 308Additional procedure where sale by chargee extinguishes subsequent chargess 309Documents to accompany instruments executed under power of attorneys 310Procedure in respect of instruments so executeds 311Enquiries, etc., by Registrars 312Summary of Registrar’s powers of cancellations 313Cancellation of leases and subleases on determination otherwise than by surrenders 314Cancellation of charges discharged by payments 315Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.s 316Applications for endorsements 317Procedure on applications 318Cancellation of endorsements 319Nature and effect of Registrar’s caveatss 320Circumstances in which Registrar’s caveats may be entereds 321Procedure with respect to Registrar’s caveats and duration thereofs 322Nature and effect of private caveatss 323Applications for entry of private caveatss 324Procedure on applicationss 325Withdrawal of private caveatss 326Removal of private caveats by Registrars 327Removal of private caveats by the Courts 328Lapse of private caveatss 329Compensation for wrongful caveats, and limitation on repeated applicationss 330Creation and effect of lienholders’ caveatss 331Determination of lienholders’ caveatss 332Nature and effect of trust caveatss 333Creation of trust caveats and duration thereofs 334Meaning of “prohibitory order”s 335Prohibitory orders ineffective until entered by Registrars 336Effect of prohibitory orderss 337Sale of land or interest subject to prohibitory orders 338Lapse of prohibitory order by expiry of times 339Other methods of determinations 340Registration to confer indefeasible title or interest, except in certain circumstancess 341Adverse possession not to extinguish titles or interestss 342Meaning of co-proprietorship, and when it arisess 343Incidents of co-proprietorships 344Registration as trustee or trustees, and deposit of trust instruments 345Survivorships 346Registration of personal representativess 347Effects of registrations 348Small estates distribution orderss 349Registration of Director General of Insolvencys 350Effect of disclaimer, discharge, etc.s 351Reversion to or vesting in State Authority on proprietor’s death without successorss 352Reversion to State Authority on abandonment of title by proprietors 353Resurvey of land alienated before commencement by reference to natural feature boundariess 354Procedure (including appeal) after resurvey, and provision as to costss 375Safe keeping of registers, etc.s 376Supply of forms, and issue of guidance notes, etc.s 377Marking of instruments, and power to require thumbprints, etc.s 378Changes of name by proprietors, etc.s 379Changes of address by proprietors, etc.s 380Correction of errors in documents of title, etc.s 381Cancellation of obsolete entries, and bringing of documents of title up to dates 381APower of Registrar or Land Administrator to standardize express conditions and restrictions in interests 382Supplementary provisions as to amendments, corrections and cancellationss 382AActions in relation to documents of title where alienated land becomes State land under section 49s 383Certified copies of documents of title, etc.s 384Private searchess 385Official searchess 386Compensations 387Interpretations 388Land Administrator’s rights of ways 389Characteristics of Land Administrator’s rights of ways 390Creation of rights 391Procedure on creation of rights 392Cost of survey, construction, maintenance and repairs 393Compensations 394Sharing of right by adjacent proprietorss 395Extinction of rights 396Manner in which survey is to be carried outs 396AAmendment of Survey Plans 397Control and supervision of officerss 398Powers of Director of Survey and Mappings 398ADuty to complete surveys 399Duties of Director of Survey and Mappings 400Notice to secure attendance for purpose of pointing out boundaries, etc.s 400AUnauthorized surveys 401Notice to clear boundariess 402Recovery of cost of boundary markss 403Penalty for interference with boundary marks and survey reference markss 404Removal and alteration of boundary markss 404ARemoval and alteration of survey reference markss 405Replacement of boundary marks which are damaged, etc.s 405AReplacement of survey reference marks which are damaged, etc.s 406Compensation for damages 407Errors in surveys 408Director of Survey and Mapping’s certificate as to cost of works 409Powers of Land Administrator and Settlement Officers 409ASurvey by licensed land surveyors 410Nature of deposited plans 411Description of land by reference to deposited plans 412Copies of deposited planss 413Inspection of plans and inspection and provision of copiess 414Interpretations 415Application for registration of a statutory vesting of a registered or registrable interest in lands 416Substitution of transferee for transferor in documents of entitlements 416ARecording of reservation of land in favour of transferees 416BProvisions in respect of lands falling under Clause (3) of Article 166 of the Federal Constitutions 416CProvisions as to rights in whole or part of alienated land vested in the transferees 416DTransferee to succeed to applications by transferor, and to proceedings to which transferor is a partys 416EProcedure where transferee unable to produce the issue document of title or document of entitlements 417General authority of the Courts 418Appeals to the Courts 419Power of Registrar and Land Administrator to refer questions to the Courts 420Registration of vesting orderss 421Taking of proceedings in name of proprietor, etc.s 421AInterpretations 421AAPower of investigations 421ABPower to require attendance of witnessess 421ACExamination of witnessess 422Penalty for false statements, etc.s 423Penalty for fraudulent alteration, destruction, etc., of documentss 424Penalty for failure to produce documentss 425Unlawful occupation, etc., of State land, reserved land or mining lands 425AUnlawful use of air space above State land or reserved lands 426Unlawful extraction or removal of rock materials 426APower of arrest, seizure, etc.s 426BCustody and delivery of things seizeds 426CForfeiture of things seizeds 426DNo costs or damage arising from seizure to be recoverables 427Unlawful grazing of animalss 428Obstruction of Land Administrators’ rights of way, roads and other public placess 428AWrongful receipt of informations 428AAOffences committed by body corporate: officers deemed to be guiltys 429Miscellaneous penaltiess 429AInstitution of prosecutions 429BCompounding of offencess 430Interpretations 431Methods of services 431AService where proprietor is deads 432Substituted services 433Publication of certain notices and notificationss 433AInterpretations 433BNon-citizens and foreign companies may acquire, etc., land only with approval of State Authoritys 433CDisposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and voids 433DSavings 433EOther conveyances or disposal to non-citizen or foreign company subject to approval and payment of levy, etc.s 433FExecution by non-citizen or foreign company under power of attorney voids 433GLevy to be paid within thirty days of service of notice of approvals 433HNon-application of this Part, etc.s 434Determination, and payment, of compensation under this Acts 435Rules relating to rice cultivations 436Supplementary provision as to forms and procedures 436AParticulars of identity card, etc., and of citizenships 437Form of Presentation Books 438Repeal and amendment of existing lawss 438AModifications for Federal Territorys 439Modifications for Penang and Malaccas 440Modifications for Kelantans 441Transitional provision with respect to rules, orders, etc.s 442Transitional provision with respect to administrative areass 443Transitional provision with respect to officerss 444Transitional provision with respect to dealings, etc.s 445Power of State Authority to make additional transitional provisions, etc.s 446Special provision for land subject to conditions in Second and Third Scheduless 447Saving for rules of court, and procedure in cases not provided forScheduleSCHEDULECite this legislation
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- Act 828
- Source
- lom.agc.gov.my
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- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
National Land Code (Revised - 2020) [Act 828] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-828
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
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).