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STATE OF LAND ORDINANCE ( ____________________ ARRANGEMENT
OF SECTIONS ____________________
To
regulate the alienation and occupation of State lands. [13th December, 1930] PART I PRELIMINARY 1. Short
title. This
Ordinance may be cited as the Land Ordinance.
2. (Omitted
under the Revised Edition of the Laws Ordinance and the Interpretation
Ordinance.) 3. Saving. Nothing
except as herein specially otherwise enacted shall affect the past operation
of any written law relating to land tenure heretofore in force in the
Mainland or in Labuan or of any order made or the validity or invalidity of
anything done or suffered or of any right, title or interest created
thereunder. 4. Interpretation. In this
Ordinance the following terms shall, if not inconsistent with the context or
subject matter, have the respective meanings hereby assigned to them - abandonment
means the failure on the part of any holder of a title to land to use such
land for the purposes for which it was alienated for such period and to such
extent as may be prescribed in each case; agricultural
purpose includes the cultivation of any crop (including trees cultivated for
the purpose of their produce), herbs, market gardening, the breeding and
keeping of honey-bees, livestock and reptiles, and aquaculture or any
combination thereof [En. 9/02]; alienate
means to lease, or otherwise dispose of State land on behalf of the
Government in consideration of the payment of such rent and of such premium,
if any, as may be required; charge
means any charge created on land for the purpose of securing the payment of
money, and also the instrument by which the charge is created; chargee
means the person in whose favour a charge is created, and includes the person
for the time being entitled to the benefit of such charge; Collector
means any Collector of Land Revenue or Assistant Collector duly appointed
under this Ordinance; country
land means all State or alienated land not included within the boundaries of
a town declared under this or any previous Land Ordinance; Court
means the High Court; cultivation
means the use and maintenance of the land for the purpose for which it was
alienated [Subs: En. 9/02]; dealing
means any transaction of whatever nature by which land is affected under this
Ordinance; deliver
includes to transmit by hand or post; Director
means the Director of Lands and Surveys or the Deputy Director of Lands and
Surveys; foreshore
means all that land lying between the high-water mark and low-water mark of
ordinary spring tides; guano
includes the excrement of bats and birds; forest
produce shall have the same meaning as that assigned to it under the Forest
Enactment, 1968 [En. 2/1968]; land
includes (a) the surface of the earth and all
substances forming that surface; (b) the earth below the surface and all substances
therein; (c) all vegetation and all natural products,
whether or not requiring the periodical application of labour to their
production, and whether on or below the surface; (d) all things attached to the earth or
permanently fastened to any thing attached to the earth, whether on or below
the surface; and (e) land covered by water [En. 2/96]; land
revenue means every sum now due or which shall hereafter become due to the
Government on account of premium or rent due in respect of land and fees of
any kind chargeable under this Ordinance; lease
means any lease of land given on behalf of the Government; Malay
Archipelago shall include the State of memorandum
means the document recording any dealing, decision or order required to be
registered under this Ordinance; Native
Title means an entry in the Native Title Register or in the Field Register
under Part IV; owner
means the individual person, incorporated company, or body corporate, for the
time being registered as the lessee of State land or as the holder of land
comprised in an entry in the Native Title Register or Field Register, and
includes a legally appointed trustee, executor, administrator, liquidator or
Official Receiver; prescribed
means authorised by this Ordinance; Register
of Titles means the files or volumes of the original titles to land; Registrar
means a Registrar of Titles appointed under this Ordinance, and includes a
Deputy Registrar of Titles; rent
means whatever is to be rendered on account of the use or occupation of land,
whether in money or in kind; sub-lease
includes a letting by the owner of land held under Part IV; State
land means all lands which have not been and may not hereafter be reserved
for any public purpose, or which have not been and may not hereafter be
leased or granted to or are not and may not hereafter be lawfully occupied by
any person, and includes all lands which, at the commencement of this
Ordinance, may have become or which hereafter may become forfeited by reason
of any breach of the conditions on which the same have been lawfully
occupied, or which have been or may hereafter be surrendered to the
Government by the lawful owner thereof; survey
means emplacing boundary marks and making, recording or computing such
measurements as are necessary to define the position of boundary marks or to
establish the situation and area of any land; title
means any Lease, Provisional Lease, or entry in the Native Title Register or
in the Field Register issued under the provisions of this Ordinance; transfer
used in connection with land or a charge means the passing of such land or
charge by act of the owner or chargee or by order of the Collector or
Director or of the Court, and also the memorandum in which such passing is
recorded. 5. Government
property in land. The entire
property in and control of State land or land reserved for a public purpose
is and shall be vested solely in the Government. 6. Unlawful
occupation not to establish any rights. (1) Notwithstanding anything to the contrary
contained in this Ordinance or in any written law relating to limitation of
suits in force in Sabah, no unlawful occupation of State land or land
reserved for a public purpose or residential purpose or occupation under
temporary licence for however long a period shall establish any right, title
or interest in State land or land reserved for a public purpose or
residential purpose or create any right to demand a title to such land from
the Government. (2) Adverse possession of land for any length
of time whatsoever shall not constitute a bar to the bringing of any action
for the recovery thereof by the owner or any person entitled to an interest
therein, and accordingly, any written law relating to the limitation of suits
in force in Sabah shall in no circumstances operate to extinguish any title
or interest inland [En. 2/96]. 7. Classification
of State land. State land
for the purpose of this Ordinance is divided in the following classes- (a) Town Lands. (b) Country Lands. 8. Declaration
of town land. The
Minister may declare any land within certain specified limits to be town
land. After the date of such declaration no more land within the defined
limits may be alienated, except under section 18, otherwise than in
accordance with Part III. 9. Alienation
of State land. (1) Subject to any general or special direction
of the Cabinet the Director may alienate State land on such terms or in such
manner as is authorised by this Ordinance and may also impose special
conditions in respect thereof to be set out in the title. (2) In particular such conditions may specify
the particular product or class of products which or which alone is to be
cultivated, and may forbid the cultivation of any particular product or class
of products. 10. State land to whom alienable. State land
may be alienated only to (a) an individual person or persons: Provided
that in the case of a minor an adult person shall be added as guardian; (b) a company, body corporate or society
registered or specifically exempted from registration under any written law: Provided
that it is not prohibited by its constitution from holding land; (c) (Deleted); (d) any other person or body which may
hereafter be empowered by the Minister by rule hereunder to hold land within 11. Coproprietors. Except in
the case of land held by trustees, when land is held by co-proprietors they
shall be entitled to the land in undivided shares equally, unless some other
proportion shall have been registered. 12. Application for State land. Applications
for State land may be made to the Director, or to the Collector, and shall be
substantially in the form of Schedule III. 13. Enquiry as to native rights. Upon the
receipt of any application for unalienated country land it shall be the duty
of the Collector to publish a notice calling upon any claimant to native
customary rights in such land who is not yet in possession of a registered
documentary title to make or send in a statement of his claim within a date
to be specified in the notice. If no claim is made the land shall be dealt
with as if no such rights existed. 14. Collector to decide claims. Claims to
native customary rights shall be taken down in writing by the headman or by
the Collector, and shall be decided by the Collector. 15. Definition of customary rights. Native
customary rights shall be held to be (a) land possessed by customary tenure; (b) land planted with fruit trees, when the
number of fruit trees amounts to fifty and upwards to each hectare; (c) isolated fruit trees, and sago, rotan, or
other plants of economic value, that the claimant can prove to the
satisfaction of the Collector were planted or upkept and regularly enjoyed by
him as his personal property; (d) grazing land that the claimant agrees to
keep stocked with a sufficient number of cattle or horses to keep down the
undergrowth; (e) land that has been cultivated or built on
within three years; (f) burial grounds or shrines; (g) usual rights of way for men or animals
from rivers, roads, or houses to any or all of the above. 16. Procedure when rights established. (1) Native customary rights established under
section 15 shall be dealt with either by money compensation or by a grant of
the land to the claimant and in the latter case a title shall be issued under
Part IV. (2) Where the Collector decides that native
customary rights established under section 15 shall be dealt with by money
compensation, the affected land together with all buildings, erection and
crops thereon shall vest in the Government free from all encumbrances and
shall be deemed to have been surrendered by the lawful claimant thereof upon
such decision being made [En. 4/97].
17. Land dealings with natives. (1) Except with the written permission of the
Minister all dealings in land between non-natives on the one hand and natives
on the other hand are hereby expressly forbidden and no such dealings shall
be valid or shall be recognised in any court of law unless they shall have
been entered into and concluded before the 16th day of January, 1883, or in
the terms of the next following clause. (2) Any non-native desirous of purchasing
land from a native shall address his application to the Secretary of Natural
Resources who, if he sees fit to sanction such purchase, shall, if the native
owner consent, require such native owner to execute a memorandum of surrender
of the title and shall fix the premium and rent at which the land shall be
leased by the Government to the applicant and such new lease shall be issued
under Part II or III. (3) Nothing in subsection (1) or (2) shall be
held to prevent dealings in land between any non-native and a native who is
the holder of a lease issued under Part II or Part III in respect of such
land. (4) Notwithstanding the provisions of this
section and of section 64 it shall be lawful for the owner of land held under
the provisions of Part IV to execute a memorandum of charge over such land in
favour of the Sabah Credit Corporation incorporated under the provisions of
the Credit Corporation Enactment 1981 [En.
22/1981] or any bank or finance company licensed under the provisions of
the Banking and Financial Institutions Act 1989 [Act 372], any Islamic bank licensed under the provisions of the
Islamic Banking Act 1983 or any other company or body corporate approved by
the Yang di-Pertua Negeri*,* and in such case
the Corporation, bank or other authorised person, for the purposes of the registration
of any such charge or the exercise of any legal powers vested in it by the
terms of such charge or under the provisions of this Ordinance in respect of
such charge shall have and may exercise all the rights and powers as if such
land were charged to a native and may transfer its interest under such charge
or, if thereto entitled, cause the land to be transferred to any such persons
as, having regard to the conditions of title, may obtain registration of such
transaction. Sublease of Native Title to non-native. (5) Notwithstanding the provisions of this
section and of section 64, it shall be lawful for the owner of land held
under the provisions of Part IV to grant a sublease of such land to a
non-native for a term not exceeding thirty years. 18. Temporary titles. (1) The Collector may issue Temporary
Occupation Licences in the form of Schedule IV for the use of any State land
for temporary purposes as may be specified in such licences. Any Temporary
Occupation Licence issued under this subsection shall be non-transferable and
shall be subject to the payment of such fee and to such other conditions as
the Collector shall be endorse on such licence. (2) No such licence shall be issued for a
longer period than three years: Provided
that the Collector may renew such licence from time to time for any period
provided that no licence shall be extended so that the total consecutive
period of such licence, including any renewals, extends beyond three years
unless the Director by writing under his hand agrees to such extension. 19. Survey. (1) Except as provided in subsection (2) all
lots shall be surveyed, and lines, boundary stones or other landmarks be set
up and kept in repair by or at the expense of the lessees to the satisfaction
of the Collector. (2) The survey of lots held under Temporary
Occupation Licence may be dispensed with if the Collector shall think
fit. 20. Boundaries how determined. A title
shall be deemed to alienate only the land within the boundaries as marked on
the ground at the time of the survey on which the title is based. 21. Date of commencement how determined. The date
of commencement of any title shall be the date on which the selection of the
block of land has been approved, unless otherwise expressly provided. 22. Land revenue to be paid before issue of title. No
definitive lease or title shall be issued until survey shall have been
completed and all expenses and fees that may be due to Government in
connection with the land comprised in the title shall have been paid by the
owner: Provided
that the Minister may in particular cases or generally permit the
postponement of payment of such expenses and fees on such conditions as he
may deem fit. 23. Title to convey surface rights only. In the
absence of any express provision to the contrary, every document of title
issued under the provisions of this Ordinance shall be deemed to vest in the
holder thereof a surface right only in the land granted, and no right shall
be conveyed thereby to extract, remove or transport within or beyond the
boundaries of the said land, without licence, any timber or other forest
produce or any earth, gravel, stones, coral, shell, guano, sand, loam or
clay, or any bricks, lime, cement or other commodities manufactured from the
materials aforesaid. 23A. Materials in rivers or sea. [En. 15/04] It shall
be an offence for any person to extract, remove or transport any stone, sand,
coral, shell, loam, clay, root or vegetation from any river or sea without
licence: Provided
that the Director may authorise in writing the doing of any act which would
otherwise be prohibited by this section. 24. Minerals reserved to the Government. (1) All coal, minerals, precious stones and
mineral oils are, and are deemed always to have been, reserved to the
Government, together with the right to enter upon any lands and to search
for, win, carry away and dispose of such articles in, on or under the same,
and to resume such portions of land as may be necessary for examining or working
any mines or for the removal of the products thereof, upon payment of
compensation to the owner for damage to such lands or buildings
thereon. (2) It shall be lawful, and shall be deemed
always to have been lawful, for the Minister to grant licences under this
Ordinance to others to search for, win, carry away and dispose of mineral
oils and to grant leases of the same, together with the right to enter upon
and occupy any lands for the purpose of operations under any such licences or
leases, and all such other rights incidental or supplementary thereto as to
him may seem proper. (3) Every such licence or lease shall be for
such period and upon such terms as the Minister may think fit, provided that
such licence or lease shall be subject to the condition that the licensee or
lessee shall pay reasonable compensation for all damage or injury to the
property and rights of other persons which may be done or caused by such
licensee, lessee or his servants or agents in exercise of the powers and
liberties conferred by such licence, lease or right. (4) In this section the expression mineral
oils includes natural petroleum gas, bitumen, asphalt and other bituminous
substances, with the exception of coal. 25. (Repealed). [En. 6/97] 26. River and seashore reserves, and ridges of hills. (1) Unless otherwise expressly provided in
any title, the entire property in and control of the waters of all rivers,
creeks, streams and watercourses, and of the seashore below high water mark
is and shall be vested solely in the Government. (2) The Government also has power to reserve
such portion of land as may be deemed advisable along the banks of rivers,
streams or creeks, or along the seashore above high water mark, or along the
ridges of hills. Such reservations shall be shown on all documents of
title. 27. Amount of compensation. The amount
of compensation payable under sections 24, 25 and 30 shall be determined, in
so far as may not be inconsistent with the provisions of these sections, in
accordance with the procedure laid down in the Land Acquisition Ordinance [Cap. 69]. 28. Reserves for public or residential purpose. (1) The Yang di-Pertua Negeri may reserve any
State lands which in his opinion are required for any public purpose or for a
residential reserve. Such reservation shall fully describe the land and the
purpose for which it is reserved and shall be conclusive evidence that the
land is reserved for a public or residential purpose. (2) When any land has been reserved under
this or any previous Land Ordinance and such reservation has not been
revoked, every disposition thereof, except for the purpose for which such
reservation was made, shall be void: Provided
that the Yang di-Pertua Negeri may, in any case in which a reserve has been created
solely for the protection and furtherance of public works, authorise the
officer for the time being having the control of such reserve to sanction the
issue of leases by the Collector of the whole or any portion thereof, for any
period not exceeding twenty-one years. (3) The Yang di-Pertua Negeri may revoke any
such reservation in whole or in part: Provided
that except in the case of any reserve created solely for the protection and
furtherance of public works, there shall be no revocation unless (a) notice that it is proposed to revoke such
reservation together with particulars of a time and place at which persons
desiring to show cause against such revocation will be heard shall have been
posted locally, and shall also have been published in two consecutive
ordinary issues of the Gazette; and (b) the persons attending at the time and
place so appointed shall have been heard. 29. Implied obligation in titles. In every
title there shall, by virtue of this Ordinance, be implied, in the absence of
an express provision to the contrary, the following obligations on the part
of the owner - (a) the owner will duly pay, at the time and
place and to the person prescribed for that purpose, the rent specified in
the title, and any other land revenue that may be or become due: Provided
that when the land is held by co-proprietors they shall be jointly and
severally liable; (b) all landmarks by which the boundaries of
such land are defined shall be duly maintained; (c) no portion of such land shall be used for
the burial of a human body without the written authority under the Burials
Ordinance [Cap. 19]. The
aforesaid obligations shall run with the land, and shall bind the owner or
owners thereof for the time being in like manner as if their name or names
were substituted in the title for that of the original owner. 30. Specific rights reserved. (1) The following specified rights are
reserved to the Government (a) the right at all times to take timber,
earth, stone, clay, sand and other road-making material for the construction
and repairs of railways, telegraphs, roads, bridges and other public works
from alienated lands on payment of compensation for actual damage sustained
by the owner; (b) the right of making drains and sewers, constructing
irrigation works and survey stations, laying down water pipes, erecting wires
for telegraphs and other electric communications, and using, repairing and
maintaining the same upon such land without paying compensation therefor. The
officers of the Government and all persons thereunto duly authorised shall,
at all reasonable times, have free access to such land for such purposes: Provided
that, where such works interfere with improvements, buildings or cultivated
ground, compensation shall be allowed for disturbance or damage and the
amount of such compensation shall be determined in accordance with the
procedure laid down in the Land Acquisition Ordinance; (bb) the right of constructing supply lines for
conveying, transmitting or distributing electricity, laying down gas
pipelines, fibre optic cables and any other cable for the purpose of
communication in the form of sound, data, text, visual images, signals or any
other form or any combination of those forms, constructing telecommunication network
facilities, and using, repairing and maintaining the same upon such land with
payment if full compensation to all persons interested for any disturbance,
damage or disability that may be caused thereby and the amount of such
compensation shall be determined in accordance with the procedure laid down
in the Land Acquisition Ordinance [Cap.
69]. The officers of the Government and all person thereunto duly
authorised shall, at all responsible times, have free access to such land for
such purposes [En. 1/02]; (c) the right to authorise others to exercise
the powers reserved in paragraphs (a),
(b) and (bb); (d) the right to resume without payment from
any land held under a Provisional Lease or entry in a Field Register a
section not exceeding twenty metres in width for the purpose of making a
public road, railway, tramway, right of way, canal, irrigation channel,
aqueduct, watercourse, drain or sewer through the said land in any direction
provided always that reasonable compensation shall be paid to any person for
any actual damage caused to his property by exercise of such right; (e) the right to the Collector to cause any
tree on alienated land to be felled, trimmed or removed on payment of
compensation for the actual damage involved; (f) the right of the Collector of the
district in which the land referred to is situated, on payment of
compensation for the actual damage involved, to mark out over the said land a
road or way to provide means of approach or access to any State land or
Forest Reserve for the purpose of the removal therefrom of timber or other
forest produce whether by a public servant or by any person duly authorised
by the Government in that behalf, and in such case public servants and
persons duly authorised as aforesaid shall for the purpose of the removal of
such timber or other forest produce, but not otherwise, be entitled to the
use and benefit of such road or way in the same manner and to the same extent
as if the said road or way were a public road or way and the owner of the land
shall not obstruct such use; (g) the right to the Collector and the
officers duly authorised by him to have free access at all reasonable times
to any alienated land. (2) The amount of compensation payable under
paragraphs (a), (d), (e) and (f) of
subsection (1) shall be assessed by the Collector subject to an appeal to the
Director whose decision shall be final. 31. Implied conditions in titles. (1) Every title shall, by virtue of this
Ordinance, be subject, in the absence of an express provision to the
contrary, to the following implied conditions in respect of the land
contained therein (a) the land revenue due in respect of such
land shall be a first charge on such land; (b) a Provisional Lease or Field Register
shall give no claim to any area occupied in excess of the area mentioned
therein; (c) payment of rent on the area mentioned in
a Provisional Lease or Field Register shall give no right to registration of
a Lease or Native Title to the whole extent of that area if on survey the
area is found not to be available; (d) any owner of alienated land, whether his
title be of a date prior or subsequent to the commencement of this Ordinance,
may apply to the Collector of the district in which his land is situate for a
right of way from his land over any other alienated land to the nearest
public road or a river or foreshore, or for permission to construct a drain
or irrigation channel across such land, and the Collector shall deal with the
application in the manner prescribed; (e) any owner of alienated land shall not
commence any development on the land which shall change the use of the land
except with the permission of the Minister [En. 15/04]. (2) The owner or occupier of any land over
which a road or way shall be marked out under the provisions of subsection
(1) (d) shall have no claim to compensation in respect thereof otherwise than
as prescribed. (3) When a right of way has been marked out
under the powers conferred by section 30 or by this section the Collector
shall have power to call for the production to him of any document of title
involved and to endorse, or cause to be endorsed, on any such document of
title a description and plan of such right of way. 32. Revision of rent. (1) Subject to the provisions of the following
subsections, the rent of all State lands sold or alienated prior to or after
the coming into force of this Ordinance shall be liable to periodical
revision, which may result in either enhancement or reduction. (2) The first revision under this section may
take place on or after 1st January, 1940, and subsequent revisions may take
place at successive intervals of not less than fifteen years. (3) At each such revision the rent reserved
to the Government in respect of any such land may be revised by the
Collector, but in making such revision no improvements made by the landowner
or his predecessors in title shall be taken into account. 33. Fulfilment of conditions. (1) In the case of any owner who shall have
fulfilled the condition of his lease as to cultivation, there may be endorsed
on his lease and signed by the Director a memorandum to the effect that such
condition has been fulfilled and that no further liability attaches to the
said land in respect thereof. (2) No memorandum endorsed on a lease under
this section shall be held to bar or nullify any subsequent action that may
be taken under section 36 in the event of the abandonment of the land held
under the said lease. 34. Breach of conditions. (1) In the absence of an express condition to
the contrary in the document of title, there shall by virtue of this section
be implied in every document of title the condition that in case of a breach
or default in the observance of any of the conditions of the said title,
whether expressed or implied by this Ordinance, or any previous Land
Ordinance, the Government may re-enter upon the land held thereunder and
resume the whole or any portion thereof. (2) The retention by an owner of land
alienated under Part III or Part IV of such an area under jungle or
uncultivated as may be necessary in the opinion of Government for the purpose
of protecting existing cultivation or for the proper and effectual management
of the estate shall not be held to be a breach of conditions of title within
the meaning of this section. 35. Non-enforcement of conditions not to constitute waiver. (1) No acceptance by or on behalf of the
Government of any land revenue nor any permission to occupy in expectation of
registration of title nor any omission by the Government to enforce any right
of resumption or escheat arising from the failure of an owner to comply with
the terms of any cultivation clause or other condition of title shall be held
to have operated or to operate as a waiver by the Government of any right of
forfeiture or resumption or escheat accruing by reason of any breach of or
default in the observance of any term or condition expressed or implied to
which such title or permission may be subject. (2) This section shall apply to all titles
whether issued prior to or after the date of this Ordinance. 36. Abandoned land. (1) When any land or portion of any land held
under this Ordinance shall appear to the Collector to have been abandoned by
the owner thereof for three years or upwards notwithstanding that rent may
have been paid during the whole or any part of such period, the Collector
with the sanction of the Minister may declare, by a notice substantially in
the form of Schedule V published three times at least in the Gazette, served,
if possible, upon the owner and posted on the land or in places of public
resort in the district, that if the cultivation or occupation of such
land or such portion thereof as may be specified is not resumed within six
months, he will re-enter upon the land on behalf of the
Government. (2) At the expiration of the period so
allowed the Collector shall make a report to the Yang di-Pertua Negeri of the
proceedings taken by him, which report shall contain a description of the
land, together with the boundaries thereof, and shall state whether such
cultivation or occupation shall have been resumed. (3) Upon receipt of such report the Yang
di-Pertua Negeri may declare that such land or such portion thereof as may be
specified has been resumed by the Government, and the same shall thereupon
revert to and become the property of the Government: Provided
that when cultivation or occupation has been partially or wholly resumed in a
bona fide manner at the time of the report mentioned in subsection (2), the
portion of the land so cultivated or occupied shall not be liable to
resumption under this section. (4) In the absence of special conditions (a) agricultural land shall be deemed to have
been abandoned if not kept under cultivation to the extent of one third of
its area by the owner or by any person on his behalf, (b) residential or shop lots shall be deemed
to have been abandoned if the buildings thereon shall have been demolished or
not maintained for the period prescribed in a habitable or usable state of repair. 36A. Reversion where owner is absent from the State. (1) When it shall appear to the Collector
that the owner of any land has left the State and for a period of ten years
has been absent continuously from the State and has failed to appoint an Attorney
or an agent resident in the State in relation to the said land, the Collector
with the sanction of the Minister may, notwithstanding that rent may have
been paid during the whole or any part of such period, declare by a notice
published in the Gazette to that
effect and that if the owner shall fail to disprove such facts within three
months, he will re-enter upon the land on behalf of the Government. (2) If at the end of the three months from
the date of the publication of the Gazette,
the fact that the owner has left the State and has been absent from the State
continuously for a period of ten years without appointing an Attorney or
agent resident in the State in relation to the said land shall not be
disproved, the Collector shall present to the Registrar a memorandum to that
effect, and upon registration thereof the entire property in and control of
the said land shall revert to and vest in the Government, and all rights and
interests of any person thereunder shall cease. 37. Reversion where no representative. (1) If the Collector shall at any time have
reason to believe that there is no owner of any land surviving, he shall
present to the Registrar a memorandum to that effect, and the Registrar shall
thereupon register it as prescribed in Part V. (2) Within three months from the date of such
memorandum the Collector shall, by a notice in the form of Schedule VI to be
published in four ordinary issues of the Gazette
and posted, if practicable, upon the land, declare that he has reason to believe
that there is no owner surviving and that if, by a date to be specified in
the notice, the fact that there is no owner surviving shall not have been
disproved, or no proceedings shall have been instituted for the appointment
of a legal representative or successor to the late owner, the land shall be
resumed by the Government. (3) The date to be specified in the notice
shall be five years from the date of the memorandum mentioned in subsection
(1). (4) If upon the specified date the fact that
there is no owner surviving shall not have been disproved, and no proceedings
shall have been instituted for the appointment of a legal representative or
successor, the Collector shall present to the Registrar a memorandum to that
effect in the form of Schedule VII, and upon registration thereof the entire
property in and control of the said land shall revert to and vest in the
Government, and all rights and interests of any person thereunder shall
cease. 38. Surrender of title. Land held
under a title issued either before or after the commencement of this
Ordinance may at any time be surrendered to the Government in accordance with
the procedure laid down in section 112 and the document of title delivered
up, and upon registration of such surrender as hereinafter provided, the land
shall vest in the Government free of all encumbrances: Provided
that (a) notice of the intention to surrender
shall have been served upon all persons having interests registered against
the title, and they have had an opportunity of showing cause to the Collector
why such surrender should not be accepted; and (b) the Collector may refuse to accept a
surrender unless all arrears of rent or other land revenue that may be due
from such land shall have been paid. 39. Combination of titles. In the
absence of an express condition to the contrary in the document of title any
owner of two or more contiguous lots may, subject to the provisions of any
written law for the time being in force relating to Town Planning or governing
the size, shape or area of land to be held under any single title, combine
the same in one lot, and the title to such one lot shall be subject to such
of the conditions set forth in the documents of title to the several lots as
the Director may select. 40. Sub-division of titles. (1) If the owner of any land comprised in any
document of title is desirous of dividing or partitioning such land,
application shall be made to the Collector to accept a surrender of such
title and to issue new leases or make new entries in the Register relating to
the land comprised therein in such lots as the owner may desire. The
Collector shall thereupon in lieu thereof and subject to the provisions of
any written law for the time being in force relating to Town Planning or
governing the size, shape or area of land to be held under any single title,
issue such titles as may be required, on the terms of the original title: Provided
that all arrears of rent and charges, if any, due under the original title
shall have been satisfied: And
provided further that the Director shall impose additional premium and the
rent payable to the Government in respect of each of such sub-divisions and
shall enter such amounts on the new titles and also impose special conditions
in respect thereof to be set out in the titles. The rent,
if any, reserved on each parcel shall not be less than fifty sen in the case
of a lease or twenty sen in the case of a Native Title. (2) When land is held by co-proprietors, any
one of them may claim to have a partition of the land made: Provided
that if the land be subject to a charge or sublease no partition shall be
made unless the chargee or lessee as the case may be shall have given his
consent to such partition. (3) In the absence of agreement between the
parties the question of partition shall be decided, in the case of Native
Titles by the 41. Appeal. (1) An appeal shall lie from any order or
decision of a Collector, Surveyor or Registrar given under this Ordinance to
the Director, and again from any order or decision of the Director, whether
original or an appeal, to the Court: Provided
that no appeal shall be admitted (a) after the expiration of thirty days from
the date of the order or decision appealed against; (b) until the prescribed fees shall have been
paid; (c) if it is expressly provided that the
order or decision shall be final or if any other form of appeal is
prescribed; (d) from any decision of the Director under
section 9 of this Ordinance. Jurisdiction of Courts barred. (2) Except as herein expressly provided, no
Court shall exercise jurisdiction as to any claim or question in respect of
which jurisdiction is given by this Ordinance to a Collector or the Director. 42. Revision. The
Director may at any time call for the record of any case heard by any
Collector or other officer under this Ordinance and may of his own motion
revise or overrule the decision on given, or make such order thereon as may
appear just. An appeal shall lie from any order given on such revision in
accordance with the provisions of section 41: Provided
that no order or decision shall be made to the prejudice of any person unless
such person has been given an opportunity of being heard. 43. Enforcement of orders. Any order
or decision of a Collector or of the Director given under this Ordinance may
be enforced as regards monetary payments by the procedure prescribed in Part
VII: Provided
that no order for the sale of land shall be made during the pendency of any
appeal that may have been instituted under section 41. Orders affecting land
shall be registered as required by Part V and may be enforced under section
121. 44. Power to enforce attendance of witnesses. (1) For the purpose of any enquiry made by a
Collector or by the Director, the Collector or Director, as the case may be,
may require by a summons under his hand any person being within Sabah to
attend before him and, if necessary, to produce all documents in his
possession relating to any right to or interest in such land. (2) The Collector or Director, as the case
may be, may also examine upon oath, or solemn affirmation having the force of
an oath, any person so summoned touching any right to such land or interest
in the same. (3) Every person so summoned or examined
shall be legally bound to attend as required by the summons, and to produce
all such documents as aforesaid, and to answer on oath or affirmation any
lawful question put to him. 45. Copies of documents to be evidence. A copy of
any application, letter, document or instrument of any kind whatsoever
relating to any purchase, reservation, grant or title in respect of land,
certified as correct by the officer having the custody thereof, shall be
admissible in evidence in every case in which the original would be
admissible. 46. Yang di-Pertua Negeri may make rules. The Yang
di-Pertua Negeri may (a) make rules* not inconsistent
with the provisions of this Ordinance for more effectually carrying out the
land administration of Sabah, and in particular, but without prejudice to the
generality of the foregoing, may by such rules make provision with respect
to- (i) the mode and manner in which
applications for State land are made; (ii) the issue of licences for the purposes
of removal of articles specified in sections 23, 24 and 25 and the regulation
and control of the operations under such licences; (iii) the control and management of land
reserved under sections 28 and 78; (iv) the procedure for the sale of land by
public auction required by or under the Ordinance to be sold; (v) the payments to be made under licences
and permits issued under the Ordinance; (vi) the fees to be paid in connection with
any matter arising under the Ordinance; (vii) the forms to be used in connection with
any matter arising under the Ordinance; (viii) the mode and manner of collection of land
revenue; (ix) the manner and procedure for dealing with
any enquiry and application under the Ordinance; (x) the mode of service of notices required
to be served under the Ordinance; (xi) the partition of land under section 40
(3); (xii) the user of land alienated under the
Ordinance; (xiii) the powers and duties of any officer
appointed under section 47; (xiv) offences for the contravention of such
rules and penalties thereof; and (xv) all procedural and other matters which by
this Ordinance are required or permitted to be prescribed or which are
necessary or convenient to be prescribed; (b) add to, alter or rescind any of the forms
contained in the Schedules or substitute other forms therefor or prescribe
additional forms. 47. Appointment of officers. (1) The Minister may from time to time, by
notification in the Gazette,
appoint, and when appointed cancel the appointment of, a Director of Lands
and Surveys, a Deputy Director of Lands and Surveys and such Land Officers,
Collectors, Assistant Collectors, Surveyors, Registrars and other officers,
for such districts and for such duties as he may consider necessary for
carrying out the provisions of this Ordinance and he may by such notification
or by subsequent notification declare that any duty imposed upon or power
vested in any appointee under this subsection may or shall be carried out by
or exercised by any other such appointee. (2) In any district in which there may be one
or more Assistant Collectors as well as a Collector, every Assistant
Collector shall exercise his powers and perform his duties in conformity with
the directions of the Collector. (3) In addition to the powers conferred upon
him by this Ordinance the Director may exercise the powers of a
Collector. PART II COUNTRY
LANDS 48. Form of lease. Subject to
any special exceptions made by the Minister in particular cases every lease
under this part shall be substantially in the form of Schedule VIII, and
shall be for a term not exceeding ninety-nine years. 49. Collector may authorise occupation pending survey. (1) If the immediate survey of any land is
impracticable, the Collector may authorise the use and occupation of such
land and shall thereupon issue a Provisional Lease in the form of Schedule IX
subject to the conditions on which a lease would ordinarily issue. (2) Such document shall specify the extent
and describe as nearly as may be the situation of the land to which it relates,
and after the survey of the land so occupied it shall be called in and
cancelled and a lease issued in lieu thereof. 50. Terms for Subject to
any general or special direction by the Minister the premium, rent and other
terms upon which a lease may be granted under this Part shall be subject to
the approval of the Director. 51. Premium. (1) In cases where premium is required, the
situation and quality of the land and the value of the timber thereon will
form the basis for calculating the amount of premium chargeable. Payment of premium. (2) The premium must be paid on or before the
issue of the title: Provided
that the Collector may, in his discretion, allow premium to be paid in
instalments over a period not exceeding six years. If default is made in the
due payment of any premium the land shall revert to the Government and any
monies paid on account thereof shall be forfeited. 52. Country
lands may also be disposed of in lots by public auction, the upset price,
rent and other particulars being clearly stated in the conditions of sale. 53. Cultivation. (1) In all cases a bona fide commencement to bring land under cultivation must be
made within six months from the date of the commencement of the
title. (2) In cases where the area does not exceed
40 hectares the whole area shall be brought into cultivation within three
years. (3) In cases where the area exceeds 40
hectares but does not exceed 250 hectares one-fifth of the total area shall
be brought into cultivation during each successive year. (4) In the case of lands exceeding 250
hectares the lease shall be granted in accordance with the provisions of this
Ordinance, but with such conditions as to cultivation, rent, forfeiture or
otherwise as may be imposed in each case by the Minister: Provided
that in the event of the sub-division of any such lease, and the sale or
transfer of any part thereof, every part so sold or transferred shall be
subject to such rent per acre and to such other conditions as to cultivation,
forfeiture and otherwise as the Minister may think fit in each case to
impose: And
provided further that no rent shall be chargeable on sub-division of
rent-free leases. (5) In the absence of any special condition
as to cultivation, every sub-division of any grant shall be subject to the
provisions of subsection (2), (3) or (4) above according as the area of such
sub-division does not exceed 40 hectares, exceeds 40 hectares but does not
exceed 250 hectares or exceeds 250 hectares; and the date from which the
cultivation clause shall take effect shall be the date of registration of
such sub-division. (6) This section shall only apply to land
held under a document of title which contains no special conditions as to
cultivation. 54. Land to be used for agricultural purposes only. Land which
has been alienated under this Part or under similar part of any previous Land
Ordinance shall not be used for other than agricultural purposes except 9with
permission of the Minister who may impose additional premium or rent or add
or substitute such terms and conditions as he may think fit. 54A. Implied conditions affecting land alienated for agricultural
purposes. [En. 9/02] (1) Whenever any land is alienated for agricultural
purposes, there shall be implied the condition that no building shall be
erected on the land other than a building or buildings to be used for one or
more purposes specified or referred to in subsection (2). (2) The purposes referred to in subsection
(1) are the following: (a) one dwelling house for the owner of the
land or any other person lawfully in occupation thereof; (b) such other buildings as may be necessary
for accommodating any domestic servants of the owner of the land or of any
other person lawfully in occupation thereof; (c) such other buildings as may be necessary
for accommodating persons lawfully employed on the land in connection with
the use of the land for agricultural purposes as may be approved by the
Director. PART II TOWN LANDS 55. No Provided
that the Cabinet may in any particular case authorise the alienation of such
land without auction and in such case the terms, conditions, covenants and
restrictions applicable to such alienation shall be as the Cabinet may
direct. 56. Terms and conditions of auction and land tenure to be
approved by Minister. (1) No (a) the land shall have been delineated on a
survey plan; (b) the upset price (if any) of the land to
be auctioned and the terms and conditions of the auction thereof shall have
been approved by the Minister; (c) the terms, conditions, covenants and
restrictions applicable to such alienation shall have been approved by the
Minister; and (d) a notice of the intended auction and of
the terms and conditions thereof shall have been published in the Gazette not less than one month prior
to such auction. (2) No Government officer having any duty to
perform in connection with any auction of land under this Part shall either
directly or indirectly bid for, acquire or attempt to acquire any interest in
the land offered at such auction without the permission of the State
Secretary first had and obtained. 57. Form and term of lease. Subject to
any special exception made by the Minister in the form or term of any particular
lease, every title to 58. (Repealed). 59. Use of land. Where any
Town Land has been classified under the provisions of any former written law
or made the subject of a restrictive covenant or condition as to its use,
such land shall not be used for any other purpose and any use of Town Land
otherwise than in accordance with such classification, covenant or condition
shall be deemed to be a breach of condition as referred to in section
34. 60-63. (Repealed). PART IV NATIVE
LANDS 64. Application limited to lands held by natives. (1) This Part shall apply only to lands held
by natives, and no non-native may purchase any land held under this Part,
unless in accordance with the terms of section 17, or acquire any interest
therein by way of charge or otherwise. (2) Notwithstanding the provisions of any
written law, any power of attorney whereof the donee or any donee is a
non-native, if it relates to any land held under this Part, shall be null and
void. (3) In respect of any country land held in
Labuan under any title by any native prior to the 31st day of December, 1952,
such native may, at any time not later than the 1st day of February, 1954,
apply in writing to the Director through the Collector for the district of
Labuan to be registered as the owner of such land by entry in the Register of
Natives Titles kept in the Labuan district under this Part and upon being
satisfied that such applicant is a native and that the land is used for any
of the purposes set out in subsection (2) of section 70 the Director may,
upon the registration of a memorandum of surrender of the former title to
such land executed by the applicant, direct the Collector for the district of
Labuan to register a Native Title for such land in the name of the applicant.
Every such Native Title shall be subject to payment of an annual rent at the
rate of fifty sen per acre from the date of registration thereof and to such
express conditions as may be imposed by the Director. 65. Customary tenure. Customary
tenure means the lawful possession of land by natives either by continuous
occupation or cultivation for three or more consecutive years or by title
under this Part or under the Poll Tax Ordinance#*, or Part IV of the
Land Ordinance, 1913. 66. Rights and obligations of customary tenure. Customary
tenure shall confer upon the holder thereunder a permanent heritable and
transferable right of use and occupancy in his land subject only, in addition
to the general provisions of Part I of this Ordinance to (a) the duty of preparing his padi fields and
planting padi, cleaning, working and cultivating his garden, orchards or sago
lands in such manner as may be prescribed; (b) the liability to give his labour free,
when required by the Collector or Native Chief or Headman, for the
performance of such works and duties for the common benefit of himself and
neighbouring land holders as may be prescribed. 67. Native title Register. (1) A Register of Native Titles shall be kept
in each district in the form of Schedule X. Title for land held on customary tenure. (2) Any native who holds his land under
customary tenure without documentary title may be required by order of the
Collector in writing to take out title by entry in the Native Title Register
and to pay the prescribed fees for such title. Extract from Register. (3) A certified copy of the entry in the
Native Title Register may be issued to the owner and shall be signed by the
Collector and shall have marked thereon a plan of the land to which it
refers. 68. Field Register. (1) If the immediate demarcation of any land
is impracticable the Collector shall authorise by entry in the Field Register
in the form of Schedule XI the use and occupancy of such land subject to the
conditions which attach to title by entry in the Native Title Register, and
may issue to the owner a copy of the entry in the Field Register. (2) Such entry shall specify the extent and
describe as nearly as may be the situation of the land to which it relates
and, after the demarcation of the land so occupied, it shall be cancelled and
an entry in the Native Title Register made in lieu thereof. 69. Claims to land based upon customary tenure. Claims to
land based upon customary tenure shall be decided by the Collector acting
under section 82 subject to the appeal provided for in sections 41 and 84. 70. Applications for State land. (1) Applications for State land under this
Part shall be made to the Collector, and shall be dealt with without delay
and as far as possible in the order in which they are received. Use of land for agricultural purposes. (2) Land which is to be or has been alienated
under this Part or under similar part of any previous Land Ordinance shall
not be used for other than agricultural purposes except with the permission
of the Minister who may impose additional premium or rent or add or
substitute such terms and conditions as he may think fit. Limit of area. (3) No State land shall be alienated under
this Part for an area which shall exceed twenty hectares: Provided
that the Director may, with the consent of the Secretary of Natural
Resources, alienate any area exceeding twenty hectares upon such special
terms and conditions as he may think fit to impose including any conditions
expressed in the consent of the Secretary of Natural Resources. Cultivation conditions. (4) When an application for State land under
this Part has been approved, bona fide
cultivation shall be commenced within six months and the whole area shall be
brought into cultivation within three years. In the event of failure to
comply with the terms of this subsection there shall be reserved to the
Government the right to re-enter on the land in question and to resume such
portions thereof as are not then under cultivation. 71. Rent payable. Land
alienated under this Part shall be free of rent for the first six years and
shall thereafter be liable to an annual rent at the appropriate rate set
forth in Schedule XIA. No rent shall be payable on native reserves declared
under section 78 or 79: Provided
that in respect of any land alienated under this Part, other than land
referred to in subsection (3) of section 64 (a) held in the ownership of any one native
the rent to be charged in respect of any area in excess of twenty hectares
shall be such amount as the Director may fix; (b) which has previously been alienated and
improved and subsequently surrendered or resumed by Government, re-alienation
of such land shall be subject to such premium as the Director may fix
having regard to the improvements on the land and to such rent as the
Director may fix. 72. Rents due on 1st January. (1) All rents fall due on the first day of
January in each year but no Notice of Demand shall be issued under the
provisions of Part VII in respect of any rent until the first day of May of
the year the rent falls due. Part VII to apply. (2) Subject to the terms of this section the
provisions to Part VII for the collection of land revenue shall apply of land
held under this Part. 73. Mutations of title to be registered. All
mutations of title and dealings therewith shall be registered by the
Collector in accordance with the procedure laid down in Part V except as
herein otherwise directed, on payment of the fees prescribed for registration
under this Part. 74. Succession to land. On the
death of a native land holder the question of succession to his land held
under this Part shall be decided in accordance with the provisions of the
Administration of Native and Small Estates OrdinanceĪ*. 75. Exchange of title. The owner
of a native title may with the consent of the Director exchange his title for
a lease under Part II or Part III on payment of the fees prescribed for
leases under such Part, and of such premium and rent as may be imposed in
each case. 76. Communal titles. In cases
where a claim to customary tenure of land has been established or a claim to
native customary rights has been dealt with by a grant of land and such land
is held for the common use and benefit of natives and is not assigned to any
individual as his private property it shall be lawful for the Minister to
sanction a communal native title for such land in the name of the Collector
as trustee for the natives concerned but without power of sale. Such communal
native title shall be held to be a title under this Part, but shall be
subject to such rent as the Minister may order. 77. Sub-division of communal title. A communal
title may, with the sanction of the Collector, be sub-divided and wholly or
in part assigned to individual owners, who shall thereupon receive native
titles in their own names. In such cases it shall be lawful for the Collector
to sign a transfer on behalf of the community. 78. Native
Reserves. (1) The Yang di-Pertua Negeri may, if he
thinks it necessary to protect the present and future interests and
well-being of the natives of (2) Every such declaration shall (a) fully describe the land declared to be a
Native Reserve and for this purpose a reference to such land by its Survey
Lot number shall be taken and deemed to be a full description thereof; (b) state the purpose for which land has been
reserved; (c) state the term of and the conditions upon
which such reservation has been made; and (d) be published in two consecutive issues of
the Gazette. (3) The Yang di-Pertua Negeri may, if he
thinks fit, appoint one or more trustees to control and manage, subject to
the directions of either the Secretary of Natural Resources or District
Officer as the Yang di-Pertua Negeri may direct, any Native Reserve declared
under this Ordinance for the purposes declared. (4) In any case when it is proved to the satisfaction
of the Secretary of Natural Resources that (a) a trustee so appointed refuses, neglects
or fails to carry out with efficiency his duties as trustee or has died, it
shall be lawful for the Secretary of Natural Resources to discharge a defaulting
trustee and to appoint a new trustee in lieu of the trustee who was formerly
appointed or has died; or (b) the members of the native community in
whose interest and for whose benefit a Native Reserve has been declared
wilfully or without reasonable cause will not comply with the conditions to
which such reserve is subject, he shall certify his opinion to the Director
who shall recommend to the Yang di-Pertua Negeri that such reserve be
revoked. (5) The Yang di-Pertua Negeri may, if he
thinks fit, at any time by order revoke and cancel the declaration of any
area of State land which has been declared a Native Reserve or a Provisional
Native Reservation under this or any former written law and may add to, vary
or revoke any terms or conditions attached to such Reserve or
Reservation. 79. Restriction on alienation in Reserve. (1) No document of title shall be registered
in respect of any land lying within a Native Reserve declared under the
provisions of this or any previous Land Ordinance but the Yang di-Pertua
Negeri may, if he deems fit either generally or in any particular case,
sanction the alienation to natives by entry in the Register of Native Titles
or Field Register of any area of land within a Native Reserve declared under
section 78 or under any such previous Land Ordinance to be a Native Reserve
for the purpose of providing land for future cultivation by natives. (2) The Yang di-Pertua Negeri may, if he
deems fit either generally or in any particular case, sanction the alienation
to natives in accordance with any of the provisions of this Ordinance of any
area of land lying within any provisional reservation for native use declared
under the provisions of any previous Land Ordinance. 80. Proclamation of settlement. The Yang
di-Pertua Negeri may by notification in the Gazette+*and by notices
locally promulgated proclaim any area or district in 81. Native claims to be sent to Collector. It shall
be obligatory on all natives claiming land within the district or area
proclaimed who do not already hold a documentary title therefor, or who claim
other native customary rights therein, to state their claims to the Collector
or his agent either verbally or in writing within the period stated in the
notification, which period shall not be less than four months from the date
thereof. 82. Collector to register and decide claims. The
Collector shall enter in a register all claims submitted within the period
assigned in the notification and being guided by the conditions laid down in
the definitions of customary tenure and of native customary rights in this
Ordinance he shall record his decision as to the ownership of the land and
the claims to other native customary rights. 83. Compensation or resumption by Government. The
Collector may if so directed order that any land, the claim to which is admitted
by him under the preceding sections, shall be resumed by Government; and in
such cases he shall proceed in the manner provided in the Land Acquisition
Ordinance [Cap. 69], to determine
the amount of compensation to be paid: Provided
that no land held under a documentary title shall be liable to resumption
under this section. 84. Unclaimed land to become State land. All land
which has not been claimed or the claim to which has been rejected shall
become absolutely the property of Government: Provided
that if a claim has been rejected by the Collector, the claimant may lodge an
appeal to the Director in accordance with the provisions of section
41. 85. Compulsory registration of title. The Yang
di-Pertua Negeri may, in the notification referred to in section 80, order
that on completion of the settlement all natives whose claims to land within
the area or district proclaimed have been established shall be required to
take out titles under this Part and to pay the necessary fees. When the settlement
has been completed no later claim to land based upon customary tenure or upon
other native customary rights shall be admissible within the area or district
settled. 86. Powers of Collector. For the
purposes of this Part the Collector shall have the powers assigned to
Collectors and Surveyors under Part VIII. PART V REGISTRATION 87. Application of this Part. The
provisions of this Part shall unless otherwise expressly provided apply to
all dealings after the coming into operation of this Ordinance, whether the
title concerned was issued prior or subsequent to the coming into operation
of this Ordinance. 88. No title or claim to land valid unless registered. No new
title and no dealing with, claim to or interest in any land except land still
held under native customary tenure without documentary title shall be valid
until it has been registered in accordance with the provisions of this
Part. 89. Meaning of term registration. Every
title shall be deemed to be registered under the provisions and for the
purposes of this Ordinance so soon as the same shall have been marked by the
Registrar with the folium and volume or number so as to indicate its place in
the Register and every dealing shall be so deemed to be registered as soon as
a memorial thereof as hereinafter described shall have been entered in the
register upon the folium constituted by the existing title on the land
affected. 90. Titles to be in duplicate. All
Leases, Provisional Leases and Temporary Occupation Licences shall be in
duplicate, one of which shall be delivered by the Registrar to the lessee and
the other retained by him. 91. Separate Register to be kept. Separate
Registers shall be kept for Leases, Provisional Leases, Native Titles, Field
Registers and Temporary Occupation Licences and the Registrar shall record
therein all titles and dealings required or entered in the Register. 92. Continuation of titles. The
Registrar, when in his opinion any register or issue document of title cannot
for want of space or other cause conveniently bear any further endorsement,
may require the owner to take a fresh issue document of title and may insert
additional sheets in the Register document of title, and such fresh issue
document of title shall be prepared on the terms of the original title, in
the name of the owner for the time being, and shall have endorsed thereon
only the memorials of any then existing registered interest. The Collector
shall sign and date such endorsements, and such fresh title shall be deemed
to be in continuation of and not in substitution for the original title,
which shall be surrendered and destroyed. 93. Register of Memorials. The
Registrar shall keep a book to be called the Register of Memorials in which
shall be entered a short description of every memorandum registered. Such
book shall be in the form of Schedule XII. 94. Notice of all changes to be given to the Collector. (1) Every person acquiring the possession of
land or the profits thereof or any interest therein whether as purchaser or
on the death of the owner, or as chargee, or otherwise, howsoever, shall give
notice of such acquisition, immediately after it has taken place, to the
Collector: Provided
that no land shall be transferred or sub-leased except to an individual
person or persons, company or body corporate such as is defined in section
10. (2) The Collector on receiving such notice
shall call upon the parties concerned to comply with the requirements of this
Part. (3) Any person neglecting to comply with the
requirements of this section within six months from the date of the dealing
or transfer or acquisition of interest or omitting without reasonable excuse
to comply with any order of the Collector made under subsection (2) within
the time stated in such order shall be guilty of an offence against this
Ordinance and shall be liable to a fine of five thousand ringgit and to the
payment of a sum equivalent to double the amount of any unpaid stamp duties
and fees payable on the dealing and registration thereof. 95. Place of registration. All
dealings shall be registered in the office in which the title concerned is
registered. 96. Presentation. Any person
may upon payment of the fees prescribed for registration, deliver or transmit
to the Registrar a duly attested memorandum of the dealing to be registered,
together with the issue document or documents of title concerned. Such
memorandum may be in duplicate or more, if required by the parties concerned. 97. Attestation. (1) The signature of each party to every
memorandum and title shall be attested by any officer specially appointed by
the Minister or by one of the following persons (a) in a
Magistrate, Justice of the Peace, Notary Public, Commissioner for Oaths, an
Advocate or the Collector; (b) in any place within a
Magistrate, Justice of the Peace, Notary Public or Commissioner for Oaths; (c) in any other place a
Malaysian Consular Officer or a Notary Public: Provided
that in the case of a document executed under seal of a company incorporated
or registered under the laws of (2) Upon receipt of such memorandum, if he be
satisfied as to its authenticity, the Collector shall affix his own signature
thereto and thereafter it shall be registered. 98. Power of Attorney. (1) Subject to sub-section (2) of section 64,
where any memorandum purports to be signed by any person as attorney for
another, such person's power of attorney shall, unless registered under the
provisions of any written law providing for such registration, be attested in
the manner prescribed in section 97 for the attestation of signatures, and
shall be delivered with the memorandum, and it or a copy thereof shall be
filed in the Land Office with the memorandum to which it refers: Provided
that in the case of a subsequent memorandum executed under the same power of
attorney, it shall not be necessary to file another copy, but a reference
shall be made on the memorandum to the previous dealing. (2) The Registrar may require proof to his
satisfaction of the continuance in force of any power of attorney and may
reject any instrument executed under such power of attorney if such proof is
not furnished. 99. Rejection of memorandum. If the
Registrar on examination of the document presented shall decide that it is
unfit for registration or defective, he may either refuse registration or
return the document for the necessary rectification or correction. 100. Registration how effected. If the
Registration shall decide that the document presented is in order and fit for
registration, he shall, in the absence of any lawful prohibition of
registration thereof and on receiving payment of the prescribed fees, endorse
upon the document of title and upon the issue copy or extract from the
Register a brief memorial showing the nature of the dealing and date of registration
and also, except in cases of discharge of charge, satisfaction of charge and
surrender of title for cancellation, exchange or sub-division, the names of
the parties and hour of registration. Every such endorsement shall made be or
attested by the Registrar and shall contain a reference to the memorandum on
which it is based and its serial number in the Register of
Memorials: Provided
that if the document presented is a judgment, order or decree issuing from
any Collector or any court in 101. Memorandum to be filed. An
original of every such memorandum shall be filed in the Land Office in which
registration takes place: Provided
that if the memorandum be a judgment, order or decree issuing from any court
in Malaysia, a true copy thereof, certified by the Registrar or other
official of the said court, may be accepted in place of an original. 102. Return of title. After
registering the dealing as hereinbefore described, the Registrar shall return
to the party entitled to the custody thereof the issue document of title or
extract from the Register, together with the duplicate, if any, of the
memorandum. 103. Priority. All
memorials and memoranda shall be numbered serially in order of priority of
registration. For purposes of priority the time of presentation shall be
taken as the time of registration, without regard to the date of execution of
the memorandum, or to any express or implied or constructive notice contained
in the document: Provided
that if a memorandum has been returned for correction under section 99 it
shall take priority from the time it is presented afresh. 104. Form of memorandum. When any
land or interest therein is intended to be transferred or charged or
sub-leased, the parties shall execute a memorandum substantially in one of
the forms in Schedule XIII, XIV, XV, or XVI, with such variations as the
Registrar may permit, which are necessary or desired and not inconsistent
with anything in any Ordinance for the time being in force. 105. Proviso for sub-leases. (1) Any sub-lease of land granted for a term
not exceeding one year shall be valid without registration: Provided
that no right to purchase the land contained in any such sub-lease shall be
valid as against any subsequent purchaser of the land unless such sub-lease
be registered: And
provided further that the registered owner shall be liable jointly and
severally with the sub-lessee for all rents which shall become payable to the
Government during the continuance of the sub-lease. (2) Any sublease registered under this
Ordinance may, with the agreement of the person for the time being entitled
to the reversion expectant thereon, be surrendered to that person by a
memorandum in the form of Schedule XVIIIA and the interest of the sublease
shall determine as from the date on which the memorandum is registered: Provided
that a sublease which has been charged shall only be surrendered with the
consent thereon in writing of the chargee. 106. Undivided share and undivided part. An
undivided share in land may be transferred or charged, but no area not being
the whole area of the land comprised in any document of title shall be
transferred or charged until the land shall have been sub-divided and fresh
documents of title registered for each sub-division. 107. Transfer of charged land. In every
dealing by which any land is transferred subject to a charge, there shall be
implied the following agreement by the transferee with the transferor and, so
long as the transferee shall remain the owner, with the chargee, that is to
say, that the transferee will pay such sums as are secured by the charge in
accordance with the terms thereof, and will carry out such other conditions
as are specified therein: Provided
that unless the memorandum of transfer shall have been signed also by the
chargee with an express statement that the transferor is exempt from all
further liability in respect of the charge, the chargee shall, in the event
of the transferee failing to observe the conditions of the charge, retain the
right to recover from the transferor the whole or any part outstanding of the
principal and interest secured by the charge. 107A. Release of one of several titles charged. (1) When any charge is registered against
more than one title any of the titles under the charge may be released from
the said charge upon registration of a memorandum substantially in the form
of Schedule XVIIA hereto signed by the chargee. (2) Such memorandum shall be attested and
registered in the manner hereinbefore prescribed and the Registrar shall also
cause the word released to be written or stamped across the memorial
relating to such charge in the Register and on the titles released together
with the relative memorial number and the date of release and shall also
endorse on the relative memorandum of charge a memorial showing the titles
released and the amount, if any, repaid. 108. Transfer of charge. Upon the
registration of the transfer of a charge, the right to recover the principal
and interest secured thereunder shall be transferred so as to vest the same
in the transferee. 109. Satisfaction of charge how effected. When any
charge has been satisfied, the chargee shall sign a memorandum substantially
in the form of Schedule XVII and such memorandum shall be attested and
registered in the manner hereinbefore prescribed; the Registrar shall also
cause the word satisfied to be written or stamped across the memorial
relating to such charge in the title and Register, and across the office copy
of the memorandum of Charge and shall append his signature thereto. 109A. Satisfaction of charge with full payment. [En. 4/97] Notwithstanding
the provisions of section 109, any chargee may without receiving full
satisfaction of payment for his charge, by a memorandum in the form of
Schedule XVIIA, discharge the land or sublease to which his charge relates
(or, if it relates to more than one title or sublease, all or any of them)
from further liability thereunder, and the discharge shall take effect as
from the date on which the memorandum is registered. 110. Satisfaction in case of absence of charge from If any
person shall be entitled to pay off the charge and the chargee cannot be
found within Sabah and there be no person authorised to give a receipt for
the money, the Registrar for the district in which the charged land is
situated may receive such money with all arrears then due in trust for the
person entitled thereto, and may upon being satisfied that the correct amount
has been paid make an order discharging such charge which order shall upon
registration have the same force and effect as a satisfaction signed by the
chargee. 111. If default
be made in the payment of the principal sum, interest or periodical payment
or any part thereof secured by a charge, or in the observance of any
agreement expressed or implied in such charge, it shall be lawful for the
Collector, on the application of the chargee and on being satisfied that such
default has been made and has continued for the space of one month after the
notice has been served by the chargee upon the chargor, in accordance with rules
hereunder to order the sale by auction of the whole or any part of the land
comprised in the charge. 112. Registration of surrender or cancellation of title. (1) When any title is surrendered for
cancellation, exchange or sub-division, the owner shall execute a memorandum
substantially in the form of Schedule XVIII which shall be registered in the
manner prescribed in this Part. (2) When any title has been cancelled the
fact of such cancellation shall be endorsed upon the Register of Titles, with
a reference to the number of the Gazette
notification and date, and shall be signed by the Registrar. 113. Consent to surrender by charge or sub-leasee. No title
to charged land shall be so surrendered as aforesaid without the consent
thereto in writing of the chargee or chargees, and no surrender of a title
whether by operation of law or by act of parties shall effect any registered
sub-lease, or any unregistered sub-lease for a term not exceeding one
year. 114. Registration of title by executors, etc. (1) An executor or administrator or person
claiming by any form of succession may become the registered owner of land by
the registration as provided by sections 100 and 101 of the probate or
letters of administration granted to him. (2) A trustee in bankruptcy, or receiver of
any insolvent estate, or other person claiming by any order of court or act
of law, may, in like manner, become the registered owner of land upon
satisfactory proof of his title thereto: Provided
that no land, charge or interest shall vest in the trustee in bankruptcy or
receiver of an insolvent estate or any other person above-mentioned until it
has become registered in his name pursuant to this provision [En. 4/97]. (3) Registration under subsection (1) or (2)
of this section shall entitle the person registered to deal with the land
comprised in his title as though he were absolute owner, but shall in nowise
be held to affect or vary his fiduciary position or his responsibility to the
Court which appointed him for the due performance of his duties. 115. Change of name. Upon
presentation of an official certificate or other sufficient proof of the
change of name of an owner or chargee, such as by marriage, or by a company
under the provisions of the Act or Ordinance under which it is incorporated,
the Collector may register a memorial of such change of name. 116. Caveat. (1) A caveat substantially in the form of
Schedule XIX may be registered at any time with respect to any lands by any
person claiming to be entitled to any interest in such lands, and a memorial
of such caveat shall be endorsed on the register in the manner prescribed in
section 100: Provided
that it shall not be necessary for the issue copy of the title to be
presented for endorsement. No such caveat except a caveat by the Collector
shall be in force for a period exceeding three years from the time of
registration. Notice to caveatee. (2) Upon the registration of a caveat, the
Registrar shall cause a notice of such registration to be served upon the
caveatee in the form of Schedule XX.
Effect of caveat. (3) So long
as any caveat shall remain in force, the Registrar shall not register any
memorandum executed by the caveatee unless such memorandum shall be in accordance
with the requirements of such caveat.
Withdrawal of caveat. (3A) (a) A
caveat may be withdrawn at any time by a notice in the form of Schedule XXA
accompanied by the prescribed fee and presented to the Registrar by the
person at whose instance it was entered. (b) On receiving any notice of withdrawal,
the Registrar shall (i) cancel the entry of the caveat on the
document of title, noting thereon for the cancellation and the date thereof;
and (ii) give notice of the withdrawal to the
person in whom the land or interest formerly bound by the caveat is for the
time being vested; (c) Every cancellation under sub-paragraph
(i) of paragraph (b) shall be
signed and sealed.
Removal of caveat. (4) Any person whose land or interest is
bound by a caveat may. except in the case of a caveat by the Collector, make
application to the Collector in writing to remove the caveat, and thereupon
the Collector may serve a notice upon the caveator in the form of Schedule
XXI requiring him to show cause why the said caveat should not be removed,
and the Collector shall, after hearing the parties, make such order as he
shall think just.
Caveat by Collector. (5) The Collector may present a caveat in the
form of Schedule XXII prohibiting any dealing with any land in which an
interest is claimed by the Government or with regard to which it shall appear
to him that an error has been made, or for the prevention of suspected fraud
or improper dealing, and such caveat shall remain in force until withdrawn by
the Collector or cancelled by the Court. Such caveat shall taken priority
over any memorandum already presented but registration of which has not been
completed. 117. Rectification of title. If any
document of title under which land is claimed by any person contains, in the
opinion of the Collector, no means within itself of identifying with
reasonable certainty the land to which it relates, or contains errors or
omissions either in the original title or in later endorsements, the
Collector may, by notice in writing under his hand, require such person to
deliver up the same in order that such corrections or additions may be made
thereto, whether by the endorsement of a plan thereon or otherwise, and such
person shall be bound so to deliver up the same within one month from the
date of the service of the notice. When such corrections or additions as
aforesaid have been duly made the Collector shall return such document of
title to the person entitled to the custody thereof. 118. Rectification of register, etc. (1) Except as is provided by subsections (4)
and (5) any person claiming any estate or interest in land may at any time
apply to the Collector for an order that any register, book or journal kept
in his Land Office under this Ordinance shall be rectified, or that any entry
may be made or interpolated in any such register, book or journal, or that
any entry therein may be cancelled; and the Collector, after giving such
notice of the application and making such enquiry as he may think fit, may
either refuse such application, or, if satisfied as to the justice of the
case, may make such order in reference thereto as he may think just. (2) The Assistant Collector and every other
person affected by such order of the Collector shall obey the same upon being
served with a copy of such order. (3) If in the opinion of the Collector any
alteration or rectification of the Register should be made, his order shall
be in the form of Schedule XXIII and shall be registered in the manner
prescribed in this Part. (4) Whenever any application made by a native
is based upon an alleged native custom, the Collector shall refer the matter
for decision to the (5) Nothing in this section shall be held to
affect or vary the procedure prescribed for claims to succession to a
deceased owner. 119. Rectification by the Director. It shall
be lawful for the Director at any time on this own motion after giving the
parties affected an opportunity of being heard to revise or over-rule the
decision of the Collector, or to take such proceedings as he may deem fit for
the purpose of cancelling, altering, rectifying or otherwise dealing with the
registration of any title. 120. Loss of title. (1) If any document of title is lost or
destroyed the person lawfully entitled to the custody thereof together with
other persons, if any, having knowledge of the circumstances may file in the
Land Office of the district in which the land is situated an affidavit or
statutory declaration containing a full description of such document of title
and the circumstances under which it was lost or destroyed. (2) The Collector shall thereupon cause to be
published in the Gazette or locally
in the district, for the period of not less than one or more than three
months a notice in the form of Schedule XXIV. (3) If no objection is lodged within the
period stated, the Collector shall thereafter, on receipt of the prescribed fees,
issue to the person lawfully entitled to the custody thereof a certified copy
of the document of title, and such certified copy shall be available for all
purposes and uses for which the original title so lost or destroyed would
have been available, and as valid to all intents as such title: Provided
that the Collector shall not in any case issue such certified copy unless he
is satisfied as to the truth of the affidavit or declaration and the good
faith of the applicant for the same. 121. Delivery of titles for cancellation or endorsement. (1) When any document of title or extract
from the Register is cancelled or is forfeited or expires or is superseded or
is required for the purpose of correcting any error or of endorsing any
memorial thereon, the Collector may by a notice in the form of Schedule XXV
served on the holder thereof require him to deliver up such document, and the
holder shall thereupon be legally bound so to deliver it.
Penalty for-non-delivery. (2) If default be made in delivering up any
document of title required to be delivered up under subsection (1) the
Collector may impose a penalty not exceeding one thousand ringgit which
penalty shall be recoverable in the manner prescribed in Part VII, and may
further with the sanction of the Director declare that such title has been
cancelled by the Government, and thereupon all rights and interests
thereunder shall cease. (3) Where a title has been cancelled under
subsection (2), the Director may issue a new title for the purpose of
registering Schedule XXXIV under section 146 [En. 15/04]. 122. Inspection of Registers. The
Register of Title, the Register of Memorials and all instruments registered
shall be open to public inspection on every working day during office hours,
on payment of the prescribed fees, and shall be public documents within the
meaning of the Evidence Act, 1950 [Act
56]. 123. Official searches. On receipt
of the prescribed fee and a requisition in writing containing full
particulars of the search required to be made in any of the Registers or
documents referred to in the previous section the Collector or Registrar
shall direct a diligent search to be made, and shall give a certificate of
the result of search to the person making the requisition, and every such
certificate shall be receivable in evidence. 124. Certified copies. On payment
of the prescribed fees, copies or extracts certified by the Collector or
Registrar, of or from any document or Register referred to in section 122
shall be given to any person making application for the same. PART VI (Repealed) PART VII COLLECTION
OF LAND REVENUE 130. Application of Part. The
provisions of this Part shall unless otherwise expressly provided apply to
all titles whether issued prior to or after the coming into operation of this
Ordinance. 131. Proviso for Native Titles. Nothing
contained in this Part shall be held to vary the special provisions in Part
IV with regard to rent due on Native Titles. 132. Rents when due. All rents shall
become due on the 1st January in each year except where otherwise specially
provided. 133. Land revenue how recoverable. Every sum
now due or payable or which shall hereafter become due or payable to the
Government on account of land revenue or any amount assessed or ordered to be
paid as compensation or fine or otherwise by the Collector or Director in any
order under this Ordinance, or any other sums which may be expressed in any
other Ordinance to be recoverable in the manner provided for the recovery of
rent or land revenue, may be recovered in the manner hereinafter
provided. 134. Arrear and defaulter. When any
such sum has fallen due and a written notice of demand, in the form of
Schedule XXVIII has been served on any one of the persons liable therefor,
and a period of fifteen days, or such further time as may have been allowed
by the Collector, has elapsed from the date of such service without such sum
having been paid or satisfied a surcharge equivalent to 24 per centum of
such sum shall be levied and such sum together with the surcharge thereof
shall be deemed an arrear and every person liable for it shall be a
defaulter: Provided
that the Director, with the approval of the Secretary of Natural Resources,
may in any particular case for reasons to be endorsed by him on the document
concerned exempt any person from payment of the whole or any part of the
surcharge thereof. 135. Proceedings for recovery of arrear. With a
view to the recovery of an arrear, the Collector may issue an attachment in
the form of Schedule XXIX, and may seize, by virtue thereof, any movable
property of the defaulter wherever the same may be found, and may also seize
any effects or any crops to whomsoever belonging which may be found on the
land in respect of which the arrear is due, and may, not less than three days
after such seizure, sell the same by public auction: Provided
that in the case of growing crops it shall be lawful for the purchaser to
retain possession thereof on the ground until ripe, and thereafter to reap or
remove the same. 136. Attachment of property. (1) The attachment may be made by an officer
deputed by the Collector for that purpose, who shall issue a notice, in the
form of Schedule XXX and shall take an inventory of the property attached. If
he is unable to execute the warrant he shall return it to the Collector with
an endorsement stating the reason of his failure. (2) Such officer shall be deemed to be a
public servant within the meaning of the Penal Code [F.M.S. Cap. 45]. (3) The expense of maintenance or custody of
any property or thing seized under this Part shall be part of the costs of
the attachment. 137. Attachment of property may be dispensed with. It shall
be lawful for the Collector to dispense with the issue of a warrant of
attachment under section 135 and to proceed at once against the land in the
manner next hereinafter provided. 138. Proceedings against land. If the
arrears and costs are not paid in full within the time required in the notice
issued under section 134, or have not been recovered by the sale of any
movable property attached under the provisions of section 135 the Collector
may proceed against the land in respect of which the arrears and costs are
due. 139. Notice of sale. (1) The Collector shall issue a notice of
sale substantially in the form of Schedule XXXI and serve it if possible upon
the defaulter, stating that after the expiration of three months from the
date of the said notice the land will be sold for the recovery of arrears and
costs: Provided
that no failure to serve or irregularity in serving any notice of sale under
this subsection shall invalidate any sale which has been or which shall be
held under the provisions of this Part or give rise to any cause of action
against the Government or any officer thereof by reason of such failure or
irregularity. (2) The Collector shall also issue and post
at the District Land Officer or other public place, and publish in the Gazette, notices of sale substantially
in the form of Schedule XXXII specifying the lands in respect of which rent
has not been paid and notifying that such lands will be sold for the recovery
of arrears and costs at a specified place and date, which date shall not be
less than one month from the date of issue of the notice in each case. 140. Land to be auctioned. (1) Except as hereinafter provided, all lands
so specified shall at the time and place notified, or on the day to which the
Collector may postpone the sale, be put up to public auction by the
Collector, and shall be sold to the highest bidder. (2) No officer employed in the Land Office of
the district and no officer having any duty to perform in connection with any
sale under this Part shall either directly or indirectly bid for, acquire or
attempt to acquire any interest in property offered at such sale. 141. Power to stop sale. If any
person tenders to the Collector the amount of the arrears and costs at any
time previous to the sale, the Collector shall upon receipt of the same
desist from all further proceedings in respect thereof. 142. Procedure if sufficient bid not made. Land to revert to
Government. If at any
such sale as aforesaid there shall be no bid at all or no bid sufficient to
cover amount due for arrears and costs, the Collector shall record the fact
in the auction sale book, and shall register in the manner prescribed in Part
V a memorandum in the form of Schedule XXXIII, and upon such registration
being made the land shall revert to and be vested in the Government and all
right, title and interest of the defaulter therein shall cease. 143. Application of proceeds of sale. The
proceeds of any sale under sections 135 and 139 shall be applied in the first
place in satisfaction of the arrears and costs, and in the event of there
being any surplus remaining, the Collector shall, if he is satisfied as to
the right of any person claiming such surplus, pay the amount to such person
and, if he is not so satisfied, shall place the amount on deposit in the
Treasury to be held in trust for the person who may ultimately succeed in
establishing his claim thereto. 144. The
Collector shall declare at any sale under section 139 to what bidder, if any,
the land has been sold, and his decision on this point shall be final, and
the sale shall become final and conclusive on payment of the full amount of
the purchase money. 145. Default of payment and re-sale. In default
of the payment of purchase money or of any part thereof within the time
required, the land shall be put up for re-sale, and the defaulting purchaser
shall forfeit any amount already paid. 146. Title conferred on purchaser. On payment
of the purchase money and the prescribed fee, the Collector shall deliver to
the purchaser an order in the form of Schedule XXXIV, and the purchaser shall
thereupon be entitled to have the title to the land so purchased by him duly
registered in his name in the manner provided in Part V without the payment
of any further fee therefor, and such registration shall have the effect of
transferring to and vesting in him such land or interest free of all
encumbrances created by or derived from the defaulter or his predecessor in
title, except such as are expressly reserved by the Collector at the time of
sale. 147. Notice to deliver title. (1) The Collector may, by a notice in the
form of Schedule XXV, require the defaulter or any person in possession of
any document of title relating to the land which, or a part of which, has
been so sold as aforesaid, to deliver to him such document of title, and such
defaulter or other person shall be legally bound to comply with such notice. (2) In any case in which it may be found
impossible to recover such document of title, the Collector shall proceed in
accordance with the provisions of section 121. 148. Penalty for dishonest and fraudulent use of title. Any person
dishonestly and fraudulently using any document of title relating to the land
which, or a part of which, has been so sold as aforesaid, in a manner
inconsistent with the rights of the purchaser, after service on him of the
notice required by the preceding section, shall be deemed to have committed,
or to have attempted to commit, the offence defined in section 415 of the
Penal Code [F.M.S. Cap 45]. 149. Application to Court against attachment. If any
person whose property, crops or land has been attached or advertised for sale
under the provisions of this Part disputes the property of such attachment or
sale, he may, in the case of movable property, apply to the Court of the
nearest Magistrate and, in the case of immovable property, to the High Court
for an order to stay the proceedings, and such Court, after hearing the
Collector and making such further enquiry as may be necessary, shall make such
order as may seem just. 150. Recovery through court. If after
the procedure prescribed by this Part has been followed the arrears together
with costs and expenses have not been recovered in full the Collector may
recover any balance outstanding by suit in a court of competent jurisdiction. PART VIII DEMARCATION
AND SURVEY 151. Application of Part. The
provisions of this Part shall, unless otherwise expressly provided, apply to
all titles whether issued prior to or after the coming into operation of this
Ordinance. 152. General powers under this Part. Any
Collector or Surveyor may, at any reasonable time, enter upon all lands which
he is required to survey or settle and upon lands contiguous thereto and may
make all enquiries and may fix or place any stone, post, or pillar or other
boundary mark in or upon the land and may dig up any ground for the purpose
of fixing the same and may cut down and remove any timber or other growth
which may obstruct any survey line or any boundary: Provided
that as little damage as possible shall be done to the land or to any
property thereon. 153. Notice to procure attendance. (1) The Collector or Surveyor may cause a
notice, substantially in the form of Schedule XXXV, to be served on any
person owning, occupying, or otherwise interested in any such land and any
land abutting thereon or on any person employed on or connected with such
land requiring such person to attend before him at a time and place to be
stated in the notice for the purpose of pointing out the boundaries of such
land or rendering aid in setting up or repairing the boundary marks or of
affording assistance or information for the purpose of the survey or
settlement. (2) Every person upon whom such notice may be
served shall be legally bound to attend as required by the notice and, so far
as he may be able, to do any of the things mentioned therein. 154. Clearing of boundary lines. The
Collector or Surveyor may cause a notice, substantially in the form of
Schedule XXXVI, to be served on any owner or occupier of or applicant for
such lands requiring him to clear any boundary line or to cut any line which
may be necessary for the purposes of survey or to provide labour or otherwise
assist in such work; and if it is necessary to employ hired labour for such
purposes the surveyor may assess and recover from such owner, occupier or
applicant the cost of the same. 155. Compensation for injury done by clearance. (1) If it is necessary to remove or destroy
any trees, fences, crops or other property of value in order to effect the
clearance of any line, the surveyor shall assess the value of the same and
shall pay or tender the amount so assessed to the owners thereof. (2) The assessment shall be made before the
property is removed or destroyed. (3) Any dispute regarding the sufficiency of
the amount so paid or tendered shall be referred to the Collector for
decision. 156. Notice to persons to give information or to produce
documents. (1) The Collector or Surveyor may issue a notice,
substantially in the form of Schedule XXXV, calling upon any person who
can give any information respecting the boundaries of the land, or in whose
possession or power any document relating to such boundaries is alleged to
be, to attend before him and give such information or produce such document
on a date and at a place to be mentioned in the notice. (2) Every person on whom such notice is
served shall be legally bound to attend and to give such information and
produce such document as is required by the notice. 157. Boundary marks to be erected. (1) The Collector or Surveyor may after
making due enquiry mark out the boundaries of the land and may, unless
permanent boundary marks of a suitable description have already been erected,
cause the same to be erected in such manner and number as he may consider
sufficient, and may recover the cost thereof from the owner. (2) No sub-division or combination of
existing titles shall be allowed which contravenes the provisions of any
approved town plan or any Town Planning or other Ordinance for the time being
in force and affecting the land sought to be divided or combined. 158. Power to re-erect and repair boundary marks.
Whenever a
Collector becomes aware that any boundary mark in his district has been
injured, destroyed or removed he may cause the same to be replaced or
repaired and may recover the expenses of so doing from the person who is
bound to preserve such mark. 159. Duties of headmen. It shall
be the duty of every headman to report immediately to the Collector any
boundary mark found to be defaced, obliterated, moved, altered, injured,
missing or otherwise impaired, destroyed or rendered useless. 160. Removal of or interference with survey and land marks. (1) No landmark, boundary mark,
trigonometrical station, semaphore or other survey mark shall be defaced,
obliterated, moved, injured or otherwise impaired, destroyed or rendered
useless, except by a person duly authorised thereto by the officer having
control of such station or mark, and any person acting in contravention of
such station or mark, and any person acting in contravention of his this
section shall be liable, upon conviction by a Magistrate, to the penalty
provided by the Penal Code [F.M.S. Cap
45] and may further be ordered to pay a sum not exceeding ten times the
cost of repairing or replacing such station or mark and of making any survey
rendered necessary by the act for which such conviction was had, the amount
to be recovered by the process provided for the recovery of fines. (2) If any person shall have occasion to
require the temporary or permanent removal or alteration of any such station
or mark he shall make an application in writing to that effect to the officer
having control of the same, setting forth the reasons for such application,
whereupon such officer may comply with such application and shall be entitled
to recover from the applicant the cost of such work as may be thereby
entailed. 161. Collector may order boundaries to be defined. If at any
time the owner of any land which shall have been surveyed is called upon to
point out or define his boundaries and shall neglect or be unable to do so,
it shall be lawful for the Collector after fourteen days notice to survey and
define the said boundaries and to recover from the owner of the land the cost
of such work as may be thereby entailed: Provided
that such cost shall not exceed the sum as prescribed by rules. 162. Duties of Director. (1) The Director shall cause such
computations to be made from the records of the surveying officer as may be
necessary, in the opinion of the Minister, to prove the accuracy of the
survey of the land and the accurate emplacement thereon of the boundary marks
together with the dimensions of the land surveyed, and shall cause such
computations or measurements to be made as shall define the geographical
position of the land surveyed to the satisfaction of the Minister. (2) The Director shall cause to be prepared a
plan embodying, in such form as the Minister may direct, the measurements and
dimensions obtained by the surveying officer. (3) The Director shall be responsible for the
safe keeping of all records of survey. 163. Survey fees. The fees
leviable for surveys shall be as prescribed#
but it shall be lawful for the Director in special cases to charge for
surveys by lineal measurement at the special rate prescribed. PART IX TRESPASSES
AND PENALTIES 164. Information of unlawful occupation. It shall
be lawful for a Magistrate, upon the information of the Collector or other
public servant charging any person or persons with being in unlawful
occupation of State land or land reserved for a public purpose, to issue a
summons for the appearance before him of the party or parties so informed
against, and of any other person or persons whom it may be necessary or
proper to examine as a witness or witnesses on the hearing of any such
information. 165. Removal of unlawful occupants. (1) The Magistrate shall proceed in a summary
way, in the presence of the parties, or, in case of wilful absence of any
person against whom such information shall have been laid, then in his
absence, to hear and determine such information; and, on being satisfied of
the truth thereof, such Magistrate shall issue his warrant, addressed to any
police officer, requiring him forthwith to dispossess and remove such person
from such land and on behalf of the Government to take possession of the
land, together with all crops growing thereon and all buildings and immovable
property upon and affixed thereto and the person to whom such warrant is
addressed shall forthwith carry the same into execution. (2) The said information, summons and warrant
may be in the form or to the effect, respectively, of Schedules XXXVII,
XXXVIII, and XXXIX. 166. Penalties for unlawful occupation. Any person
who shall be found after due warning unlawfully occupying any State land, or
land reserved for a public or residential purpose, either by residing or by
erecting any house, hut or other building thereon, or by clearing, enclosing
or cultivating any part thereof or cutting timber or produce thereon, or who
shall directly or indirectly abet the commission of such act or trespass by
another person, shall be guilty of an offence under this Ordinance and shall
be liable to a fine not exceeding one hundred thousand ringgit or to
imprisonment not exceeding five years, or to both fine and
imprisonment. 167. Penalty for unlawful grazing. Any person
who shall graze animals on State land or land reserved for a public or
residential purpose except under and in accordance with the terms of a permit
issued by the Collector shall be guilty of an offence against this Ordinance
and shall be liable to a fine not exceeding one thousand ringgit, or in
default of payment thereof, to imprisonment not exceeding six months. 168. Penalty
for other offences. Any person
not licensed or otherwise authorised in that behalf under section 23, 23A,
24, 25, or 30 who shall cut, dig or take from any land any product in such
section mentioned, or extract, remove or transport or sell the same, shall be
guilty of an offence against this Ordinance and shall be liable to a fine not
exceeding one hundred thousand ringgit or to imprisonment not exceeding five
years, or to both fine and imprisonment. 169. Recovery of expenses and revenue. (1) It shall be lawful for a court of
competent jurisdiction before whom any person shall convicted of an offence
under this Ordinance to order such person to pay to the Government, in addition
to any fine which shall have been imposed for such offence (a) a sum equivalent to the value of any
material under sections 23, 23A, 24 or 25 extracted, removed or
transported; (b) a sum equivalent to the value of any
timber or other forest produce cut, collected, converted, felled, removed or
transported within or from State land; (c) a sum equivalent to the value of any
property destroyed or injured; (d) the cost of repairing any damage in
respect of the offence committed; (e) a sum equivalent to the rent or other
payments which would have been payable under this Ordinance; (f) the cost of custody or holding of any
thing seized; (g) the expense of any survey which shall
have become necessary for proving any activity contrary to this Ordinance or
for ascertaining the extent thereof; (h) the expense of conducting the
investigations; and (i) any other charges payable to the
Government. [Subs: En. 15/04] (2) For the purpose of ascertaining such
value and expense, a certificate under the hand of the Collector shall be
held until the contrary be proved, to be proof that the sum therein set down
is the true amount to be recovered from such person in respect of such value
and expenses as aforesaid. Any sum so ordered to be paid may be re- covered
by the process provided for the recovery of fines. 170. Penalty not otherwise provided. Any person
offending against the provisions of any section of this Ordinance or of any
rule made thereunder for which no penalty is expressly provided, shall be
liable, on conviction before a Magistrate, to a fine not exceeding five
thousand ringgit, or in default of the payment thereof to imprisonment not
exceeding two years. 171. Encroachment on road, etc. [Subs: En. 15/04] (1) Any person who interferes with or
encroaches on any public road, street, highway or waterway by building any
structure, or by putting up enclosures or by planting, or by filling up or
obstructing any ditch, or by making any drain or water-course, or by breaking
up or injuring such road, street, highway or waterway or otherwise shall,
unless authorised by the Director, immediately abate and remove such
interference or encroachment on the written order of the Collector, and pay
such damages and expenses of such abatement as the Collector shall
order. (2) Any person who contravenes this section
shall be guilty of an offence and shall upon conviction before a court of
competent jurisdiction be liable to a fine not exceeding one hundred thousand
ringgit or to an imprisonment not exceeding five years or to both. 171A. Penalties for breach of provision, term or condition, etc. (1) When the alienation of State land or
state rights in land has been approved or granted subject to such provisions
and conditions contained in this Ordinance or any previous Land Ordinance and
subject to such terms and conditions as may be imposed by the Director or a
Collector to be set out in the title or an agreement, a breach or default in
the observance of any such provisions, terms or conditions shall render the
owner or prospective owner of such land or rights in land liable, on
conviction, to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding two years, or to both. (2) This section shall apply to all titles or
agreements whether issued or entered into by the Director or a Collector
prior to or after the date of this Ordinance. 171B. (Deleted) [En.
15/04] 171C. Compounding of offences. (1) The Director or any officer authorised by
the Director may, with the general or special approval of the Minister
compound any offence under this Ordinance or rules made thereunder by making
a written offer to such person to compound the offence upon payment to the
Government of such amount not exceeding the maximum fine for that offence
within such time as may be specified in the offer. (2) (Deleted) [En. 15/04] (3) An offer under subsection (1) may be made
at any time after the offence has been committed but before any prosecution
for it has been instituted, and where the amount specified in the offer is
not paid within the time specified in the offer or within such extended
period as may be granted by the Director, prosecution for the offence may be
instituted at any time thereafter against the person to whom the offer was
made. (4) Where the amount specified in the offer
is paid up within the time specified in the offer or within such extended
period as may be granted by the Director, no prosecution shall thereafter be
instituted in respect of such offence against the person to whom the offer to
compound was made and anything seized in connection with the offence under
paragraphs (g) and (h) of subsection (1) of section 173
shall be deemed to be forfeited. (5) An offer to compound shall substantially
be in the form of Schedule XXXX. 172. Repeal. The Labuan
Ordinance of the Provided that for the purposes of
the Reconstitution of Land Office Records (Labuan) Ordinance [Cap. 119], and
for no other purpose, such Ordinance, rules, regulations, orders,
appointments, notifications and forms shall be deemed to continue in
operation until such date as the Yang di-Pertua NegeriΆ may appoint. PART X ENFORCEMENT [En. 15/04] 173. Powers of entry, inspection, seizure and
arrest. (1) The Director or any officer authorised by
the Director or any police officer may, without warrant- (a) arrest any person who he has reason to
believe is about to commit or has committed and offence under this Ordinance; (b) enter, search and inspect any land,
premises, place, vehicle, tractor, boat, agricultural implement, conveyance
or other things whatsoever which he has reason to believe has been used in
the commission of an offence under this Ordinance; (c) inspect any land title, license, permit,
record, certificate or any other documents which he has reason to believe has
been used in the commission of an offence under this Ordinance, and make
copies of the same; (d) take photographs, video or audio
recordings or make sketches of the premises or any thing on the premises
which he has reason to believe has been used in the commission of an offence
under this Ordinance; (e) secure the land, premises, place or
conveyance which he has reason to believe has been used in the commission of
an offence under this Ordinance; (f) seize any conveyance, agricultural
implement, machinery or other things whatsoever which he has reason to
believe has been used in the commission of an offence under this Ordinance; (g) seize any material under section 23, 23A,
24 and 25 which he has reason to believe has been extracted, removed or
transported from any land without license or authority; or (h) take possession of any building or crop
which he has reason to believe has been erected, planted or cultivated
unlawfully on State land or land reserved for a public or residential
purpose. (2) In effecting any seizure and detention
under subsection (1), the Director or any officer authorised by the Director
or any police officer may use such force as may be reasonably
necessary. (3) A person arrested under subsection (1)
shall be brought to the police station or be produced before a Magistrate to
be dealt with as provided under the Criminal Procedure Code [Act 593]. 174. List of things seized. (1) The Director or any officer authorised by
the Director or any police officer who seizes any thing or document under
this Ordinance shall prepare a list of things seized and forthwith sign the
list of things seized. (2) The Director or any officer authorised by
the Director or any police officer shall request the owner, his agent or
servant from whom the thing or documents were seized to acknowledge the list
of things seized. (3) Except where the seizure is made in the
presence of the owner, his agent or servant, as the case may be, the Director
or any officer authorised by the Director or any police officer shall
whenever possible post a list of things seized conspicuously at the place or
premises. 175. General powers to investigate. (1) The Director or any officer authorised by
the Director may without the order of the Public Prosecutor exercise all or
any of the special powers in relation to police investigations given by the
Criminal Procedure Code [Act 593] in
any seizable offence under this Ordinance. (2) The Director or any officer authorised by
the Director may in any non-seizable offence under this Ordinance exercise
the special powers in relation to police investigations given by the Criminal
Procedure Code [Act 593] after
obtaining an order to investigate from the Public Prosecutor. 176. Disposal of perishable things seized. (1) The Director or any officer authorised by
the Director or any police officer may dispose in a manner he deems proper
anything seized if such thing is subject to speedy and rapid natural decay or
deterioration. (2) The Director or any officer authorised by
the Director or any police officer shall keep any proceeds of sale under
subsection (1) in a Government trust funds until a court of competent
jurisdiction disposes of the case. (3) The Government shall not be liable to any
person for any deterioration, however caused, in the quality of anything of
perishable nature seized under this Ordinance. 177. Forfeiture of things seized. (1) Anything seized under this Ordinance
shall be liable to forfeiture. (2) Anything seized under this Ordinance in
respect of which there is no prosecution, shall be held for a period of one
month from the date of seizure and at the end of which period, it shall be
deemed to be forfeited, unless a written claim thereto is received within the
said period. (3) Any person asserting that he is the owner
of any thing seized under this Ordinance and that it is not liable to
forfeiture, may personally or by his agent authorised in writing, given
written notice to the Director or any officer authorised by the Director or
any police officer of his claim for the same and the grounds thereof. (4) Upon receipt of such notice, the Director
or any officer authorised by the Director or any police officer shall refer
the claim to a court of competent jurisdiction for an enquiry. (5) The court to whom reference is made under
subsection (4) shall issue a summon requiring the person asserting that he is
the owner of the thing seized to appear before him, and upon his appearance
or default of appearance after due service of such summons, the court shall
proceed to examine the claim and upon proof that an offence under this
Ordinance has been committed and such thing was the subject matter or was
used, or reasonably suspected of having been used in the commission of such
offence, order such thing to be forfeited, or in the absence of such proof
order its release. 178. Temporary release of things seized. (1) Where anything has been seized under this
Ordinance, the Director may temporarily return the thing seized to the owner
thereof or to the person from whose possession, custody or control it was
seized, subject to such terms and conditions as the Director may impose and
subject, in any case, to sufficient security being furnished to the
satisfaction of the Director that the thing seized shall be surrendered to
him on demand and that the said terms and conditions, if any, shall be
complied with. (2) Any person who- (a) fails to surrender on demand to the
Director the things seized temporarily returned to him under subsection (1);
or (b) fails to comply with or contravenes any
of the terms or conditions imposed under subsection (1), shall be
guilty of an offence and shall be liable on conviction to a fine not
exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding
three years or to both. 179. Costs of holding things seized. The costs
of holding the seized item pending completion of investigation or pending
disposal of the case shall be borne by the owner and shall be a debt owed to
the Government. 180. Forfeiture and disposal of things seized. (1) Where any person is found guilty of an
offence under this Ordinance, a court of competent jurisdiction shall, in
addition to any other penalty that may be imposed- (a) order that the things used in the commission
of such offence or in relation to which such offence has been committed be
forfeited; or (b) order that any other things whatsoever
seized in the commission of such offence or the proceeds of the sale of
anything of perishable nature be forfeited, (2) The cost shall make an order that
anything forfeited under subsection (1) be delivered to the Director or any
officer authorised by the Director for disposal. 181. Offences committed by body corporate. (1) Where a person charged with an offence
under this Ordinance is a body corporate, every person who at the time of the
commission of the offence is a director or officer of the body corporate, may
be charged jointly in the same proceedings with the body corporate, and where
the body corporate is convicted of the offence charged, every such director
or officer shall be deemed to be guilty of that offence unless he proves that
the offence was committed without his knowledge or that he took reasonable
precautions to prevent its commission. (2) Any person who would be liable in this
Ordinance to any penalty for anything done or omitted if the thing had been
done or omitted by him personally shall be liable to the same penalty if the
thing had been done or omitted by his agent unless he proves that he took
reasonable precautions to prevent the doing or omissions of the thing. 182. Non-liability of Director and officers. (1) No suit shall lie against the Director or
any officer authorised by the Director or any police officer in respect of
anything done or omitted to be done by him in good faith and in the intended
exercise of any power conferred or performance of any duty imposed by this
Ordinance. (2) No suit shall lie against the Government,
the Director or any officer authorised by the Director or any police officer
for any damage caused to any thing whatsoever seized under this Ordinance in
the exercise of his powers and duties. 183. Power to prosecute. Prosecutions
in respect of any offence committed under this Ordinance may be conducted by
any public officer authorised in writing in that behalf by the Public
Prosecutor. 184. Presumption and proof. Where in a
prosecution of any offence under this Ordinance, in so far as it may be
necessary to established the offence charged, it shall be presumed until the
contrary is proved- (a) that any map, plan or chart made by the
authority of the Director is so made and accurate; and (b) that any co-ordinates derived from the
Global Positioning System surveying made by the authority of the Director are
true and accurate.
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