Second Schedule SECOND SCHEDULESupplementary
[Sections 2 and 69] FORM A Land Acquisition Act 1960 [Section 4] NOTICE THAT LAND IS LIKELY TO BE ACQUIRED It is hereby notified that lands in the locality described in the Schedule hereto, including those lands, if any, specified by lot number or by the lot numbers of neighbouring lands, are likely to be needed for the following purpose: ........................................................................................................................... ........................................................................................................................... 2. It is further notified that any person authorized by the State Director in that behalf may enter upon any land in such locality in order to examine it and undertake survey operations. If any damage is done in the course of such work compensation therefor will be paid. Any dispute as to the amount of such compensation will be referred to the Land Administrator at ....................................... Dated this ............ day of ........................, 20....... .................................................... State Director District........................................................................................………....................………… Mukim ..………………………………………………………………………….. Township Description of the locality............................................................................................ FORM B Land Acquisition Act 1960 [Section 5] AUTHORITY TO ENTER SURVEY To...................................................................... .......................................................................... .......................................................................... You and your servants and workmen are hereby authorized, subject to paragraph 2, to enter upon— *(i) any lands in a locality which has been the subject to a notification issued under section 4 of the Land Acquisition Act, or (ii) any lands in the locality scheduled in Gazette Notification No.......................... of ........................................................ and to do any or all the following: (a) survey and take levels of the land; (b) dig or bore into the subsoil; (c) do all other acts necessary to ascertain whether the land is adapted for the purpose for which it is to be acquired; (d) set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon; (e) mark such levels, boundaries and line by placing marks and cutting trenches; (f) cut down and clear away any standing crop, fence or jungle, where otherwise the survey cannot be completed, or the levels cannot be taken, or the boundaries or line of the work cannot be marked. 2. Neither you nor any of your servants and workmen may enter into any building or upon any enclosed court or garden attached to a dwelling house, unless you have first obtained the consent of the occupier thereof, or, failing such consent, have given such occupier three days’ notice in writing of your intention to do so. Dated this ............ day of ........................, 20....... ................................................... State Director *Delete which is inapplicable FORM C Land Acquisition Act 1960 [Section 7] SCHEDULE OF LANDS AFFECTED BY ACQUISITION District .............................................................................. Mukim/Township .............................................................. Survey Lot Title or Registered Area of lot Approximate No. Occupation Proprietor or area to be Recorded occupant acquired FORM D Land Acquisition Act 1960 [Section 8] DECLARATION OF INTENDED ACQUISITION It is hereby declared that the particular lands and areas specified in the Schedule hereto are needed for the following purpose: ..................................................................................................................................... ..................................................................................................................................... 2. A plan of the particular lands and areas so specified may be inspected during the normal hours of business in the Land Office of the District in which such lands and areas are situated. Dated this ............ day of ........................, 20....... ..................................................... State Director [Schedule as in Form C, amended, if necessary, in accordance with the decision of the State Authority] FORM E Land Acquisition Act 1960 [Section 10] INTENDED ACQUISITION: NOTICE OF ENQUIRY In accordance with the declaration of intended acquisition of the lands described in the Schedule hereunder, notice is hereby given that an enquiry to hear all claims to compensation for all interests in such land will be held on ......................................day of ............................... at ................................ hours at ......................................... 2. All persons having interests in the said land, whether as proprietor, occupier, lessee, chargee, tenant or otherwise, are hereby required to appear before the undersigned at the above time either personally or by agent and there to state— (a) the nature of their respective interests in the land; (b) the amount and particulars of their claims to compensation for such interests; (c) their objections, if any, to the measurements of approximate area given in the Schedule below; (d) the names of any other person known to the party or his agent to possess any interests in the land or any part thereof, and to produce all documents relating to their claims. 3. Notice is further given that the undersigned may require— (a) that in any particular case any such statement or statements should be reduced to writing and signed by the party or his agent; (b) that any person in possession of the issue document of title in respect of any land scheduled below deliver up such document at the time of inquiry. Dated this ............ day of ........................, 20....... ...................................................... Land Administrator [Schedule in Form D] FORM F Land Acquisition Act 1960 [Section 11] NOTICE TO REQUIRE EVIDENCE IN WRITING To ..................................................... ........................................................... ........................................................... Whereas the undersigned has reason to believe that you have particular knowledge of the land referred to in the attached notice (Copy of Form E to be attached): Take notice that you are hereby required to furnish, within ..................................... days of this date, a statement in writing declaring the following: (a) separate valuations of the land and of the improvements, if any, thereon, showing the basis upon which such valuations are made; (b) the name of every person possessing any interest in the land or any part thereof, either as co-owner, chargee, lessee, sub-lessee, tenant or otherwise; and (c) the nature of any such interests and the amount of the rents and profits, if any, received or receivable on account thereof for the three years immediately preceding the date of this notice. Dated this ............ day of ........................................, 20....... .................................................. Land Administrator I, the undersigned, .......................................................................hereby acknowledge receipt of the above notice. Dated this ............ day of ..........................................., 20....... FORM G Land Acquisition Act 1960 [Section 14] WRITTEN AWARD OF COMPENSATION Acquisition Hearing No ................................................. in respect of Lands scheduled in Gazette Notification ..................................................... The awards set out in the Schedule hereto are hereby made in respect of the areas of land specified therein, to the persons interested therein, as specified below. Lot No. Area Persons Nature of Apportionment For required interested interest of Award Official use Dated this ............ day of ....................................., 20....... .................................................. Land Administrator FORM H Land Acquisition Act 1960 [Section 16] NOTICE OF AWARD AND OFFER OF COMPENSATION To ............................................................... ............................................................... ............................................................... You are hereby informed that at the hearing before the undersigned on the ...................... day of ......................................... an award as in the Schedule hereto was made in respect of the lands specified therein in which you have an interest. 2. In accordance with this award I hereby offer you the sum of RM ......................... being the amount specified below as full compensation for your interest in this land. 3. Take notice that section 29A of the Land Acquisition Act 1960 requires me to withhold twenty-five per cent of the amount of the award in certain circumstances, subject to the provisions of that section. Dated this ............ day of ................................., 20....... ........................................................ Land Administrator [Relevant extract from Form C including all awards, if any, to other person/ persons interested in the land] I, the undersigned............................................................................... hereby acknowledge receipt of the above offer. 2. *(a)I accept the offer; and *(i) I am prepared to attend the Land Office on any appointed day to receive payment in *cash/cheque/money order; or *(ii) I request that the amount due be sent to me by cheque/money order at the above address. *(b)I accept the offer under protest. *(c) I do not accept the above offer. Dated this ............. day of ............................, 20....... *Delete as appropriate FORM I Land Acquisition Act 1960 [Section 19] CERTIFICATE OF URGENCY Acquisition Proceedings No...................... Gazette Notification No ............................ To: The District Land Administrator, .............................................................................................................................. Whereas the land scheduled below was declared by the above Gazette Notification to be required for a public purpose or for a public utility: And whereas such land is now urgently required for use for a public purpose or for a public utility: Now therefore in exercise of the powers conferred by section 19 of the Land Acquisition Act 1960, I hereby certify that such land is urgently required for use for a public purpose or for a public utility and DIRECT you forthwith to take possession of such land. Dated this...........day of..................................., 20....... ..................................................... State Director [Schedule as in Form D] FORM J Land Acquisition Act 1960 [Section 20] To: Occupier/Owner of the building on Lot No .................................... Title No ........................ Mukim/Township ................................... Whereas the above land has this day been acquired by virtue of a Certificate of Urgency signed by the State Director: Now I hereby require that you vacate the building referred to above and situated on the said land within ...................................... days of this date. 2. Take notice further that I hereby offer to the owner of the premises compensation to the amount of RM ......................................... which compensation represents— *(a) the value of the building* *(b) the cost of removing and reerecting such building elsewhere.* Dated this ............ day of ................................., 20....... ............................................... Land Administrator *Delete whichever is inapplicable FORM K Land Acquisition Act 1960 [Section 22] NOTICE THAT POSSESSION HAS BEEN TAKEN OF LAND Acquisition Proceedings No ............... Gazette Notification No ............................. It is hereby notified that I have today, pursuant to section 22 of the Land Acquisition Act 1960, taken formal possession of the land shown in the Schedule below to the extent declared in the last column of that Schedule. *A copy of a Certificate of Urgency issued by the State Director is annexed. Dated this ............ day of ...................................., 20....... ................................................... Land Administrator [Schedule as in Form D as amended] *Delete if inapplicable FORM L Land Acquisition Act 1960 [Section 24] NOTICE TO DELIVER UP DOCUMENT/S Acquisition Proceedings No ............................ Gazette Notification No ..................... To .............................................................. .............................................................. .............................................................. Whereas the whole/part of the land comprised in Title ................... Lot...................... Mukim/Township .............................. has been formally acquired by the State Authority: And whereas I have reason to believe that the documents of title hereinafter referred to are in your possession: Now therefore in exercise of the powers conferred by section 24 of the Land Acquisition Act 1960, I hereby require you to deliver to me the document/s of title specified in the Schedule hereto within a period of ............................ days from the date of the service on you of this Notice. Dated this ............ day of .................................., 20....... ..................................................... Land Administrator [Here list document/s of title] FORM M Land Acquisition Act 1960 [Section 36] REFERENCE TO COURT To....................................................................................................................... The High Court.............................................................................................. In the matter of................................................................................................. I........................................................, Land Administrator for the Distric of ................................ in the State of.......................................... in exercise of the powers conferred by subsection 36(2) of the Land Acquisition Act 1960, hereby refer the following question to the Court for its determination: 2. The parties interested, so far as I know or have been informed, are as follows: Dated this............. day of .................................., 20.......... ............................................... Land Administrator Form N Land Acquisition Act 1960 [Subsection 38(1)] APPLICATION THAT AN OBJECTION BE REFERRED TO COURT To: The District Land Administrator................................................................... ACQUISITION PROCCEDINGS NO........................................ I......................................of.......................................hereby make an objection to the award of the Land Administrator.....................dated..............................in respect of land Lot................................. Title......................... 2. My interest in the said land is as follows:....................................................... .......................................................................................................................... *3. My objection is to: (a) the measurement of the land; (b) the amount of the compensation; (c) the persons to whom it is payable; (d) the apportionment of the compensation. **4. The grounds of my objection are as follows: ....................................................................................................................................... ................................................................................................................................... ..................................................................................................................................... ........................................................................................................................... 5. In accordance with subsection 38(1) of the Land Acquisition Act 1960, I hereby require you to refer the matter to the Court for its determination. Dated this............. day of ................................, 20.......... ........................................... Signature of the applicant *Delete items inapplicable. **Here set out the grounds on which objection to the award is taken (in full). FORM O Land Acquisition Act 1960 [Subsection 38(5)] Acquisition Proceedings No................................ Gazette Notification.................... REFERENCE TO C OURT To: The Registrar, High Court, ................................................... Whereas I have received an Application under section 38 of the Land Acquisition Act 1960, requiring me to refer to the Court the following matter for its determination: *And whereas a due deposit of ..............................ringgit has been deposited with me as security for the costs of the reference and appeal: Now therefore pursuant to section 38 of the said Act I hereby refer the following objection to the Court: [Here summarize objection/s] 2. The following is the situation and extent of the land, and particulars of any trees, buildings, or standing crops thereon: [Here set out details] 3. The following are the names and addresses of all the persons whom I have reason to believe are interested in such land: (Name) (Address) (Interest) 4. The following notices have been served upon the parties interested: (Notice) (Name of party) 5. The following statements in writing have been made or delivered by the following interested parties: (Name of Party) (Particulars of statement) **6. The amount awarded for damages under section 6 of the said Act was............................ringgit. 7. The amount of compensation awarded under section was..............................................ringgit. **8. The following are the grounds on which the amount of compensation was determined: [Here set out grounds] 9. I attach hereto copies of the following documents: [Here list documents] Dated this ............day of ........................................, 20....... ................................................ Land Administrator [The above paragraphs may be completed by appropriate references to documents to be annexed thereto.] *Delete if inapplicable. **To be completed only where the objection is to the amount of compensation. F ORM P Land Acquisition Act 1960 [Section 43] NOTICE To.......................................................... ............................................................... LAND REFERENCE NO……………………… OF...................................... Notice is hereby given that on the...................................................day of .............................................at the hour of....................................................in the......................... noon, the High Court sitting at ...............................will proceed to hear and determine the objections contained in the above Reference, and relating to the following land: [Here insert details of land] 2. You are hereby directed to appear before the Court at such hearing. Dated this ............ day of .............................., 20........... . ................................... Registrar FORM Q Land Acquisition Act 1960 [Section 58] NOTICE OF TEMPORARY OCCUPATION OR USE OF LAND To.................................................. ....................................................... Owner of Lot...................Title.................. Mukim ................... Occupier Township All persons having any interest in the above land are hereby notified that it is required for temporary occupation/use for the term of..................................... from date .............................................. for the following purpose: ................................................................................................................................ .......................................................................................................................... 2. In exercise of the powers conferred by section 56 of the Land Acquisition Act 1960, I hereby give notice that I am prepared to *make an offer of .............................for the occupation/ *negotiate payment of compensation use of the above land and that I require every person having any interest in the land to appear before me on the...........................day of................................at .........................................at the hour of ............................................... in the fore/afternoon. Dated this ............ day of .................................., 20....... ...................................... Land Administrator *Delete whichever is inapplicable. T HIRD SCHEDULE [Section 45] EVIDENCE AND PROCEDURE IN LAND REFERENCE CASES Interpretation 1. In this Schedule, unless the context otherwise requires— “applicant” means the person upon whose application in accordance with section 38 reference to the Court is made in respect of an objection under section 37; “proceeding” means a proceeding in respect of an objection under section 37; “valuer’s report”, in relation to the report by the valuer of one party to the proceeding, includes his reply to the report of the valuer of the other party to the proceeding. Valuer’s report and oral evidence 2. (1) The applicant’s valuer’s report alone must establish a prima facie case for the applicant. (2) Oral evidence by the applicant’s valuer shall only be adduced during cross-examination and re-examination, if any. (3) The respondent’s valuer’s report must be sufficient to rebut the applicant’s valuer’s report. (4) Subparagraph (2) shall apply to the respondent’s valuer as it applies to the applicant’s valuer. Filing and service of valuer’s report 3. (1) Each party to the proceeding shall, not less than seven days before the date of hearing, file in Court four copies of his valuer’s report. (2) Each party to the proceeding shall, not less than twenty-one days before the date of hearing, serve on the other party a copy of his valuer’s report. (3) Each party to the proceeding shall, not less than seven days before the date of hearing, serve on the other party and file in Court his valuer’s reply to the other party’s valuer’s report. Common plan 4. (1) Where the reports of both the applicant’s and the respondent’s valuers contain comparable sales plans, the applicant’s valuer shall prepare a plan, to be known as the “common plan”, incorporating the comparable sales plans in both such reports. (2) The common plan shall be served on the respondent not less than seven days before the date of hearing. (3) The common plan shall be filed in Court not less than four days before the date of hearing. Evidence to be by way of affidavit except for valuer’s report 5. (1) Except in the case of a valuer, the evidence of any other person shall be adduced by way of affidavits. (2) Except for any statement in writing made or delivered by the applicant and included in or attached to Form O by which the matter is referred to the Court, subparagraph (1) shall also apply to the applicant. (3) Except in the case of a valuer’s report, any document to be tendered in evidence shall be tendered by way of an affidavit. (4) The provisions in paragraph 3 as regards the manner and time of service and filing in Court of a valuer’s report and reply shall apply to affidavits and affidavits in reply. (5) The deponent may be called to be cross-examined. (6) The party wishing to cross-examine a deponent shall give at least seven days’ notice of his intention to do so. Paragraphs 2, 3, 4 and 5 must be complied with 6. No report, affidavit or other document shall be admitted in evidence unless the provisions of paragraphs 2, 3, 4 and 5 are complied with. Submissions 7. (1) Unless otherwise ordered by the Court, the final submissions in Court of the counsel for each of the parties to the proceeding shall be written. (2) The Court shall determine the order, the manner and the time of service of the written submissions. LAWS OF MALAYSIA LAND ACQUISITION ACT 1960