s 76 Meaning of alienation
The alienation of State land under this Act shall consist of its disposal by the State Authority— (a) for a term not exceeding ninety-nine years; (aa) in perpetuity— (i) where the Federal Government requires the State Authority to cause a grant in perpetuity to be made to the Federal Government or to a public authority or where the Federal Government and the Government of the State agree to make a grant in perpetuity to the Federal Government; (ii) where the State Authority is satisfied that the land is to be used for a public purpose; or (iii) where the State Authority is satisfied that there are special circumstances which render it appropriate to do so; (b) in consideration of the payment of an annual rent; (c) in consideration, unless the State Authority thinks fit to exempt therefrom in any particular case, of the payment of a premium; (d) subject, unless the State Authority otherwise directs pursuant to subsection 52(5), to a category of land use determined in accordance with subsections 52(2) and (3); and NOTES Provisions of the Modification Section 76 In its application to the Federal Territory of Kuala Lumpur, the reference in the proviso thereof to the “State Authority” which appears for the second time shall be construed as reference to the “Selangor State Authority”. —see P.U. (A) 56/1974 In its application to the Federal Territory of Putrajaya, reference in the proviso to “State Authority” which appears for the second time shall be construed as reference to “Selangor State Authority”. —see P.U. (A) 213/2001 In its application to the Federal Territory of Labuan— (1) substitute for paragraph (a) the following paragraph: “(a) for a term not exceeding ninety-nine years, provided that any alienation exceeding ninety-nine years under any previous land law prior to the commencement of the extended Code shall lapse in accordance with the said law;”; (2) delete subparagraph (aa)(i); (3) in the proviso, substitute for the words “by the State Authority before the commencement thereof” the words “under any previous land law before the commencement of the extended Code”. —see P.U. (A) 454/2009 (e) subject to such conditions and restrictions in interest as may be imposed by the State Authority under, or are applicable thereto by virtue of, any provision of this Act: Provided that nothing in paragraph (aa) shall enable the State Authority to dispose of any part of the foreshore or seabed for a period exceeding ninety-nine years; and paragraph (d) shall not apply to the alienation of land under this Act in pursuance of an approval given by the State Authority before the commencement thereof.