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National Land Code (Revised - 2020) Chapter 3

s 69–s 447 · 443 sections

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s 69 s 70Power to permit extraction, removal and transportation of rock material s 71Issue of permits s 72Duration, conditions, etc., and form of permits s 73Permits not capable of transfer or transmission on death s 74Deposits in respect of permits s 75Effect of permits on conditions affecting land s 75APower to permit use of air space above State land or reserved land s 75BApplications for permits s 75CIssue of permits on approval s 75DConditions, etc., of permits s 75EPermits not capable of assignment except with consent of State Authority s 75FDeposit or security in respect of permits s 75GPower to cancel permits s 76Meaning of alienation s 77Titles under which land may be alienated s 77A s 78How alienation is effected s 79General provisions relating to approvals s 80Supplementary provisions relating to approvals s 81Items of land revenue payable on approval s 82Power to require payment of deposit s 83Survey for purposes of alienation under final title s 84Recomputation of items of land revenue after survey s 85Register and issue documents of title s 86Form of documents for Registry title s 87Form of documents for Land Office title s 88Registration of register documents of title s 89Conclusiveness of register documents of title s 90Issue of issue documents of title s 90AExtension of land alienated for a term of years s 91Exemption of documents of title from stamp duty s 92Indefeasibility of final title, and rights of dealing, etc.s 92AInterpretation s 92BSpecification of rights in respect of underground land upon alienation s 92CAlienation of underground State land s 92DApplication for independent use or alienation of underground land below alienated land s 92ESpecification of rights in respect of underground land upon the grant of a lease of reserved land s 92FLease of underground land below reserved land s 92GApplication for independent use of underground land below leased reserved land s 92HRelationship of this Part to other provisions of this Act s 92IRegulations by the Minister s 93Rent to be a debt due to State Authority s 94When rent due, and when in arrear s 95Where rent payable s 96Computation of rents s 96ARent of land with subdivided building s 97Notice of demand s 98Right of chargees, lessees, etc., to pay sum demanded s 99Effect of payment of sum demanded s 100Forfeiture for non-payment of sum demanded s 101Power of State Authority to revise rents periodically s 102Power in respect of lands alienated before commencement s 103Interpretation and scope s 104Conditions and restrictions in interest to run with the land s 105Duration of conditions and restrictions in interest s 106Time to be of the essence of fixed-term conditions of a positive character s 107Extension of time for compliance with fixed-term conditions of a positive character s 108Conflict with local by-laws, etc.s 109Conditions, etc., applicable on alienation s 110Conditions, etc., applicable as from commencement s 111Conditions, etc., applicable after category of land use imposed under section 54 s 112Conditions, etc., applicable on alienation, and after imposition of category of land use by virtue of section 56 s 113Manner in which changes may be effected s 114Implied conditions affecting all alienated land s 115Implied conditions affecting land subject to the category “agriculture”s 116Implied conditions affecting land subject to the category “building”s 116A s 117Implied conditions affecting land subject to the category “industry”s 118Implied condition affecting agricultural land alienated under qualified title s 119Implied condition affecting land alienated before commencement for padi cultivation s 120Imposition of express conditions and restrictions in interest on alienation under this Act s 121Category: Agriculture s 122Categories: Building and Industry s 123Imposition of express conditions on land becoming subject to a category under section 54 s 124Power of State Authority to vary conditions, etc., on application of proprietor s 124ASimultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portions s 125When a breach of condition arises s 126Breach of complex condition s 127Liability to forfeiture for breach of condition s 128Summary action to secure remedying of breach of condition s 129Action to enforce forfeiture for breach of condition s 130Forfeiture to take effect upon notification in the Gazette s 131Effects of forfeiture s 132Land not to be re-alienated, etc., during period for appeal against forfeiture s 133Power of State Authority to annul forfeiture, or re-alienate to previous proprietor on new terms, etc.s 134Appeals against forfeiture s 135Power of proprietor to subdivide with approval of State Director or Land Administrator s 136Conditions for approval of subdivision s 137Applications for approval s 138Powers of Land Administrator or State Director in relation to applications s 139Issue of title to subdivisional portions s 140Powers of co-proprietors to partition with approval of State Director, Land Administrator or State Authority s 141Conditions for approval of partition s 141AApplication for partition by any co-proprietor s 142Applications for approval s 143Powers of Land Administrator or State Director in relation to applications s 143APower of State Authority in relation to application for partition of land subject to the category “agriculture”s 144Issue of title to individual portions s 145Power of Court to facilitate termination of co-proprietorship s 146Power of proprietor to amalgamate contiguous lots with approval of State Director or Land Administrator s 147Conditions for approval of amalgamation s 148Applications for approval s 149Powers of Land Administrator or State Director in relation to applications s 150Issue of title to combined area s 157AApplication by donee of a power of attorney s 157BProcedure in respect of filing of copy of power of attorney s 158Registry title—the register of grants and the register of State leases s 159Land Office title—the Mukim Registers s 160Saving for existing registers s 160ADefinition of “new district”s 160BPowers of Land Administrator of new district in respect of registers s 160CIssue of title in continuation s 164When title in continuation may be issued under this Chapter s 165General provisions with respect to documents in continuation s 166Circumstances in which title in continuation may be issued to land as a whole s 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 whole s 170Form and content of documents in continuation of title to land as a whole s 171Preliminary procedure in cases of subdivision s 172Preliminary procedure in cases of partition and amalgamation s 173Form and content of documents in cases of subdivision, partition and amalgamation s 174Cancellation, etc., of subsisting documents of title s 175Power to issue duplicate issue document only where register document not in need of renewal s 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 register s 175CPreparation of provisional register document of title s 175DProvisional register document of title to be opened for inspection s 175EObjection s 175FAuthentication of the provisional register document and the effect of such authentication s 176Purposes and effect of qualified title s 177Forms of qualified title, and documents of title appropriate thereto s 178Preparation, registration and issue of documents of qualified title s 179Registers of qualified title s 180Qualified title to be registered and issued upon approval of alienation s 181Procedure prior to registration and issue of qualified title s 182Rent to be paid on basis of approved area s 183 s 183APower of Registrar or Land Administrator relating to the issuance of final title upon subdivision s 184Partition s 184APower of Registrar or Land Administrator relating to the issuance of final title upon partition s 185Amalgamation s 185APower of Registrar or Land Administrator relating to the issuance of final title upon amalgamation s 186Contents of documents prepared on subdivision, partition or amalgamation s 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 renewal s 187AAPower to issue title in continuation upon creation of a new district under section 160a s 188Cancellation, etc., of subsisting documents of title s 189Conversion to take place after survey s 190Procedure in case of land alienated under qualified title s 191Procedure in case of land held under qualified title on subdivision, etc.s 192Preparation, registration and issue of documents of final title s 193Contents of documents of title s 194Cancellation, etc. of subsisting documents of title s 195Power to surrender whole or part with approval of State Director or Land Administrator s 196Conditions for approval of surrender s 197Applications for approval of surrender of whole s 198Procedure on applications s 199Revesting of land and destruction of issue document s 200Applications for approval of surrender of part s 201Procedure on applications s 202Revesting of part surrendered, and resurvey of part retained s 203Applications for surrender and re-alienation, and procedure thereon s 204Procedure for re-alienation s 204ADeclaration as to continued operation of section 124 and Chapters 1 and 3 of Part Nine s 204BPower to approve surrender and re-alienation s 204CConditions for approval of surrender and re-alienation s 204DApplications for approval of surrender and re-alienation s 204EProcedure on applications s 204FReconsideration under subsection 79(2) and withdrawal of application s 204GReversion of land and destruction of issue document s 204HApplication of Act to re-alienation as to alienation s 204GALand subject to a charge s 205Dealings capable of being effected, and persons capable of taking thereunder s 206Need for proper instrument of dealing, duly registered s 207Form of instruments of dealing s 208Instruments to contain description, etc., of parties s 209Instruments to contain proper description of land affected s 210Execution of instruments of dealing s 211Attestation of instruments of dealing s 212Inclusion in one instrument of dealings affecting different lands s 213Special provisions with respect to tenancies exempt from registration s 214What may be transferred, and restrictions on exercise of powers s 214AControl of transfer of estate land s 215Form, and effect generally, of transfer of land s 216Additional provisions with respect to lands transferred subject to leases, charges, etc.s 217Form and effect of transfer of undivided share s 218Form of transfer of lease or charge s 219Effect of transfer of lease or charge s 220Form and effect of transfer of exempt tenancy s 221Power of proprietors to lease for terms exceeding 3 years s 222Power of lessees and sublessees to sublet for terms exceeding 3 years s 223Power of proprietors, lessees, etc., to grant tenancies not exceeding 3 years s 224Calculation of terms of leases and tenancies s 225General restrictions on powers conferred by this Chapter s 226Additional restriction where land or lease subject to prior charge s 227Effect of leases and tenancies s 228Options for renewal, or for purchase of reversion s 228AReference to a part of any building s 229Incorporation of agreements set out in Sixth Schedule s 230Agreements implied in all leases and subleases s 231Agreements by lessees and sublessees implied in absence of contrary intention s 232Agreements by lessors and sublessors implied in absence of contrary intention s 233Construction of implied agreements to keep “in repair”s 234Power of forfeiture s 235Notice before forfeiture s 236Effect of forfeiture s 237Relief against forfeiture s 238Relief to persons and bodies having dependent interests s 239Surrender s 240Determination otherwise than by surrender s 241Powers of charging s 242Form of charges s 243Effect of charges s 244Custody of issue document of title or duplicate lease s 245Restriction on consolidation s 246Tacking of further advances s 247Postponement of charges s 248Application of this Part to existing charges s 249Agreements by chargor implied in all charges s 250Agreements by chargor implied in absence of contrary intention s 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 Chapter s 254Service of default notice, and effect thereof s 255Special provision with respect to sums payable on demand s 256Application to Court for order for sale s 257Matters to be dealt with by order for sale s 258Procedure prior to sale s 259Procedure at sale s 260Application to Land Administrator for order for sale s 261Land Administrator to hold enquiry s 262Provisions as to enquiry s 263Order for sale, and matters to be dealt with thereby s 264Procedure prior to sale s 264APostponement or cancellation of an order for sale by Land Administrator s 265Procedure at sale s 266Right of chargor to tender payment at any time before sale s 266AStatement of payment due s 267Effects of sale s 267AApplication of deposit upon failure to settle purchase price, etc.s 268Application of purchase money s 268AApplication of purchase money by chargee who is a financial institution s 269Protection of purchasers s 270Limitation of powers to certain lands, and to first chargees only s 271Power of chargee to take possession on any default by chargor s 272Procedure for taking possession s 273Duration of right to possession s 274Position of chargee in possession s 275Power of chargee in possession to grant leases and accept surrenders s 276Provisions as to notices by chargees to receive rents s 277Application of rents and profits by chargees in possession s 278Discharge otherwise than by payment s 279Discharge by payment to Registrar in cases of death, absence or disability s 280Memorialization on discharge by payment s 281Creation, and effect, of liens s 282Meaning of “easement”s 283Rights able to be granted as easements s 284Necessity for express grant s 285Restrictions on power to grant s 286Form, and effect, of grants s 287Enjoyment of easements by lessees, tenants and chargees in possession s 288Special provisions as to easements of way s 289Release of easement by dominant proprietor s 290Extinguishment of easements by unity of title and possession s 291Cancellation of easements by Registrar s 292Instruments capable of being registered, and method of presentation therefor s 292ALodgement of instrument in electronic form s 293Fees to accompany instruments so presented s 294Documents to accompany instruments so presented s 295Entry of instruments in Presentation Book s 296Withdrawal of instruments s 297Registrar to determine fitness for registration, and register if fit and accompanied by necessary documents s 298Rejection or suspension for unfitness, or absence of certain documents s 299Procedure in absence of other documents s 300Instruments to be dealt with in order of presentation s 301When an instrument is fit for registration s 301ARents to be paid before presentation s 302Enquiries, etc., by Registrar s 303Limitations on Registrar’s powers s 304How instruments to be registered, and time from which registration effective s 305Other action by Registrar in connection with registration s 306Documents on which copy memorials to be made pursuant to section 305 s 307Additional endorsements to be made pursuant to section 305 s 308Additional procedure where sale by chargee extinguishes subsequent charges s 309Documents to accompany instruments executed under power of attorney s 310Procedure in respect of instruments so executed s 311Enquiries, etc., by Registrar s 312Summary of Registrar’s powers of cancellation s 313Cancellation of leases and subleases on determination otherwise than by surrender s 314Cancellation of charges discharged by payment s 315Cancellation of easements where extinguished by merger, time-expired, obsolete, etc.s 316Applications for endorsement s 317Procedure on application s 318Cancellation of endorsement s 319Nature and effect of Registrar’s caveats s 320Circumstances in which Registrar’s caveats may be entered s 321Procedure with respect to Registrar’s caveats and duration thereof s 322Nature and effect of private caveats s 323Applications for entry of private caveats s 324Procedure on applications s 325Withdrawal of private caveats s 326Removal of private caveats by Registrar s 327Removal of private caveats by the Court s 328Lapse of private caveats s 329Compensation for wrongful caveats, and limitation on repeated applications s 330Creation and effect of lienholders’ caveats s 331Determination of lienholders’ caveats s 332Nature and effect of trust caveats s 333Creation of trust caveats and duration thereof s 334Meaning of “prohibitory order”s 335Prohibitory orders ineffective until entered by Registrar s 336Effect of prohibitory orders s 337Sale of land or interest subject to prohibitory order s 338Lapse of prohibitory order by expiry of time s 339Other methods of determination s 340Registration to confer indefeasible title or interest, except in certain circumstances s 341Adverse possession not to extinguish titles or interests s 342Meaning of co-proprietorship, and when it arises s 343Incidents of co-proprietorship s 344Registration as trustee or trustees, and deposit of trust instrument s 345Survivorship s 346Registration of personal representatives s 347Effects of registration s 348Small estates distribution orders s 349Registration of Director General of Insolvency s 350Effect of disclaimer, discharge, etc.s 351Reversion to or vesting in State Authority on proprietor’s death without successors s 352Reversion to State Authority on abandonment of title by proprietor s 353Resurvey of land alienated before commencement by reference to natural feature boundaries s 354Procedure (including appeal) after resurvey, and provision as to costs s 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 date s 381APower of Registrar or Land Administrator to standardize express conditions and restrictions in interest s 382Supplementary provisions as to amendments, corrections and cancellations s 382AActions in relation to documents of title where alienated land becomes State land under section 49 s 383Certified copies of documents of title, etc.s 384Private searches s 385Official searches s 386Compensation s 387Interpretation s 388Land Administrator’s rights of way s 389Characteristics of Land Administrator’s rights of way s 390Creation of right s 391Procedure on creation of right s 392Cost of survey, construction, maintenance and repair s 393Compensation s 394Sharing of right by adjacent proprietors s 395Extinction of right s 396Manner in which survey is to be carried out s 396AAmendment of Survey Plan s 397Control and supervision of officers s 398Powers of Director of Survey and Mapping s 398ADuty to complete survey s 399Duties of Director of Survey and Mapping s 400Notice to secure attendance for purpose of pointing out boundaries, etc.s 400AUnauthorized survey s 401Notice to clear boundaries s 402Recovery of cost of boundary marks s 403Penalty for interference with boundary marks and survey reference marks s 404Removal and alteration of boundary marks s 404ARemoval and alteration of survey reference marks s 405Replacement of boundary marks which are damaged, etc.s 405AReplacement of survey reference marks which are damaged, etc.s 406Compensation for damage s 407Errors in survey s 408Director of Survey and Mapping’s certificate as to cost of work s 409Powers of Land Administrator and Settlement Officer s 409ASurvey by licensed land surveyor s 410Nature of deposited plan s 411Description of land by reference to deposited plan s 412Copies of deposited plans s 413Inspection of plans and inspection and provision of copies s 414Interpretation s 415Application for registration of a statutory vesting of a registered or registrable interest in land s 416Substitution of transferee for transferor in documents of entitlement s 416ARecording of reservation of land in favour of transferee s 416BProvisions in respect of lands falling under Clause (3) of Article 166 of the Federal Constitution s 416CProvisions as to rights in whole or part of alienated land vested in the transferee s 416DTransferee to succeed to applications by transferor, and to proceedings to which transferor is a party s 416EProcedure where transferee unable to produce the issue document of title or document of entitlement s 417General authority of the Court s 418Appeals to the Court s 419Power of Registrar and Land Administrator to refer questions to the Court s 420Registration of vesting orders s 421Taking of proceedings in name of proprietor, etc.s 421AInterpretation s 421AAPower of investigation s 421ABPower to require attendance of witnesses s 421ACExamination of witnesses s 422Penalty for false statements, etc.s 423Penalty for fraudulent alteration, destruction, etc., of documents s 424Penalty for failure to produce documents s 425Unlawful occupation, etc., of State land, reserved land or mining land s 425AUnlawful use of air space above State land or reserved land s 426Unlawful extraction or removal of rock material s 426APower of arrest, seizure, etc.s 426BCustody and delivery of things seized s 426CForfeiture of things seized s 426DNo costs or damage arising from seizure to be recoverable s 427Unlawful grazing of animals s 428Obstruction of Land Administrators’ rights of way, roads and other public places s 428AWrongful receipt of information s 428AAOffences committed by body corporate: officers deemed to be guilty s 429Miscellaneous penalties s 429AInstitution of prosecution s 429BCompounding of offences s 430Interpretation s 431Methods of service s 431AService where proprietor is dead s 432Substituted service s 433Publication of certain notices and notifications s 433AInterpretation s 433BNon-citizens and foreign companies may acquire, etc., land only with approval of State Authority s 433CDisposal, dealing, etc., in favour of a non-citizen and foreign company in contravention of section 433b to be null and void s 433DSaving s 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 void s 433GLevy to be paid within thirty days of service of notice of approval s 433HNon-application of this Part, etc.s 434Determination, and payment, of compensation under this Act s 435Rules relating to rice cultivation s 436Supplementary provision as to forms and procedure s 436AParticulars of identity card, etc., and of citizenship s 437Form of Presentation Book s 438Repeal and amendment of existing laws s 438AModifications for Federal Territory s 439Modifications for Penang and Malacca s 440Modifications for Kelantan s 441Transitional provision with respect to rules, orders, etc.s 442Transitional provision with respect to administrative areas s 443Transitional provision with respect to officers s 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 Schedules s 447Saving for rules of court, and procedure in cases not provided for

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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).

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