Sarawak Land Code Chapter 81 (1958 Edition) [Cap 81 ]- Part 2
81. Bar of suits to set aside awards. 81.
No suit shall be brought to set aside an award or apportionment under this Part.
[Deleted by A78].
83. Interpretation of this Part.
For the purpose of this Part-
(a) a person shall not, in relation to the Government or an officer of the Government, be deemed to be interested in any land being resumed or occupied under this Part, or entered upon under any of its provisions, unless such person either has an interest which is protected under section 132, although it is not registered, or has an interest which is protected by registration under Part VII or has any rights lawfully created under section 5,6 or 7; but nothing in this definition shall be deemed to preclude the Court, in from giving effect to any right or equity which a person may have against a person receiving or entitled to receive compensation under this Part; and
[Am. by A78]
(b) "Court" means the High Court.
84. Settlement Notification.
(1) Whenever it appears to the Director that in any area there may be doubt or uncertainly as to whether the existing documents of title properly define the rights and interests of those entitled or the boundaries of the land included therein, or where it appears likely that rights of ownership have been acquired by natives by the exercise of their customary rights, or whenever for any other reason he is of the opinion that it is expedient to affect a settlement of rights, he may publish in the Gazette a Settlement Notification in accordance with subsection (2).
(2) The Settlement Notification shall state the situation and limits of the area, hereinafter called "the settlement area", within which the settlement of rights to land and registration thereof shall be effected and shall declare that, after a period to be defined in the Settlement Notification, the demarcation of parcels and presentation of claims may begin in any block within the settlement area.
(3) On or after the publication of the Settlement Notification under this section, the Director shall assign a Settlement Officer and such Assistant Settlement Officer as may be necessary to carry out the settlement.
85. Notice by Settlement Officer.
(1) The Settlement Officer shall cause a preliminary notice of the intended survey, settlement and registration of rights in any block within the settlement area to be published at the office of the District Officer and at convenient places in the neighbourhood of such block.
(2) The notice shall be published not less than thirty days before any exercise by the Settlement Office of the powers conferred upon him by section 88 and shall contain-
(a) directions as to the clearance of boundaries and the presentation of documents of title in support of claims;
(b) notice of the consequence of failure to present claims in due time; and
(c) such instructions as the Settlement Officer may think fit for obtaining assistance and information in respect of native customary rights.
86. Staying actions after publication of any notification.
(1) No proceedings concerning rights to land in any block within the area for which a Settlement Notification has been published shall be commenced in any court.
(2) Any proceedings commenced before the notification in published may be continued, and the Settlement Officer may delay dealing with the rights in the land concerned until such proceedings have been finally determined. Any such proceedings may, by leave of the court, be withdrawn upon such terms as the court may, in all the circumstances, consider equitable.
87. Notice of progress to be published.
Before and during the course of the settlement, the Settlement Officer shall publish from time to time notices stating the order in which he intends to proceed. The notices shall be published in the District Office and at convenient places within the settlement area.
88. General powers of Settlement Officer.
Subject to this code, the Settlement Officer, in execution of his duties, may-
(a) publish notices ordering the attendance at any time and place of claimants to land in the settlement area;
(b) order any claimant to cut the boundaries of the land claimed by him before such date as he may direct; and in default of compliance, may cause such boundaries to be cut at the expense of such person;
(c) issue notices or orders requiring the attendance of any person or the production of any documents that he may deem necessary for carrying out the settlement, and may administer oaths in any inquiry made for the purpose of the settlement;
(d) dispense with the attendance of any person or the production of any document;
(e) make a copy of any document produced, and endorsed or stamp such document with some writing to show that it has been produced to him;
(f) authenticate any document signed and attested before him; and
(g) extend the time for the performance of any act to be done under this code.
89. Scheduled of alienated land.
(1) If any parcels of lawfully alienated land are situated within the limits of the settlement area, the Settlement Officer shall, after an examination of registers, counterparts or issue documents of title, instrument, survey plans and maps and other evidence, draw up a Schedule of Alienated land which shall be in Form D in the First Schedule and shall show in respect of alienated land in the block-
(a) the name of the district in which the land is situate;
(b) the name and number of the block;
(c) the reference numbers of all parcels in the block;
(d) the area of each parcel;
(e) the name and address of the proprietor of each parcel or of each proprietor, if there are more proprietors than one;
(f) where there are more proprietors than one of any parcel, the share held by each proprietor;
(g) the nature of the title to each parcel;
(h) the commencement date, and the term, of the title to each parcel;
(i) any other interests in each parcel, and the name and address of every person holding any such interest;
(j) the annual rent payable in respect of each parcel;
(k) any special conditions of title in respect of each of any parcel; and
(l) any other particulars which may be prescribed by rules made under section 213.
(2) During the preparation of the Schedule of Alienated land, it shall be lawful for the Settlement Officer to introduce corrections, amendments and additions in respect of the following particulars relating to any parcel of alienated land, namely-
(a) the spelling of names of persons and places;
(b) references to survey plans and maps;
(c) statement of areas;
(d) diagrams of alienated land;
(e) the phrasing of special conditions;
(f) particulars required to give effect to subsection 40(3) or (4) and any other particulars requiring clarification:
Provided that any person aggrieved by the exercise of the power aforesaid may lodge an objection thereto with the Settlement Officer during the period when the Schedule of Alienated land is open to public inspection, and such objection shall be investigated and dealt, with for all purposes, including appeal under section 102, as if it were a claim presented under section 91.
90. Publication of Schedules of Alienated Land.
(1) Every Schedule of Alienated land together with the appropriate survey plans shall be open to public inspection during the normal land Registry officer hours of business for a period of three calendar months at the office of the Superintendent of the division, in which the land, the subject matter of the Schedule, is situate, and copies of the Schedules shall be posted at the office of the District Officer in whose district the land is situate and at some convenient place in the neighbourhood of the land, the subject matter of the Schedule.
(2) A notice to the effect that the Schedule of Alienated land has been prepared and stating the places and times at which it can be inspected shall be published in the Gazette and in such other publications as may effect the widest possible publicity, not less than fourteen days before the date on which the Schedules are first open to public inspection.
91. Amendments to Schedule of Alienated Land.
(1) Every person possessing any claim to a right, title, share or interest requiring and capable of registration under the this code, which has not been entered into the Schedule of Alienated land, shall present such claim to the Settlement Officer during the period when such Schedule is open to public inspection.
(2) The Settlement Officer shall publicly investigate all claims presented in accordance with subsection (1) and shall have power to make a decision thereon or may, in the case of conflicting claims, permit the parties to refer the determination of the same to arbitration under the Arbitration Act 2005 [Act 646].
92. Entries in Register, etc.
(1) On expiry of the period of three calendar months during which the Schedule of Alienated land is open to public inspection, the Registrar shall enter in the Register all necessary particulars of each parcel specified in the Schedule of Alienated land, other than any parcel the subject matter of any dispute which has not been finally decided.
(2) Where the particulars relating to any parcel of land have not been entered in the Register by virtue of the fact that a dispute in respect thereof has not been finally decided, the Registrar shall, as soon as the matter in dispute has been finally decided, make the necessary entries relating to the title of such parcel in the Register in accordance with the terms of such decision, and subsection (1) shall then apply to such title.
(3) If the Settlement Officer considers that the document of title relating to any parcel of land, in respect of which particulars have been entered in the Register under this section, should for any reason be replaced by a new document of title, he shall give a certificate under his hand to the effect and upon production to him of that certificate, the Registrar shall issue an appropriate certificate in Form F in the First Schedule.
93. Presentation of claims to State land.
(1) All claimants to State land in the block shall appear at such time and such place as the Settlement Officer, by notice under section 88, direct.
(2) Claimants may appear in person, or by advocate, or by any representative approved by the Settlement Officer and shall produce to the Settlement Officer all documents held by them, or under their control, affecting the State land which they claim. A claimant who fails to appear may submit to the Settlement Officer a statement of his claim in writing.
94. Investigation of claims to State land.
(1) The Settlement Officer shall investigate publicy all claims to State land, whether based upon documentary evidence, native customary tenure or otherwise, and shall have power to determine in whose favour the rights to such land shall be shown in the Settlement Order made under section 95 or may, in the case of conflicting claims, permit the parties to refer the determination of the same to arbitration under the Arbitration Act 2005. [Act 646].
(2) In the case of native customary rights, the Settlement Officer may provide for the termination thereof by the payment of compensation or shall show the same in the Settlement Order and, if the rights are such as would enable a lease to be issued to the persons entitled, shall enter also all the particulars to enable a lease to be issued:
Provided that, if the Settlement Officer provides for the termination of any native customary rights under this section and there is a dispute as to the amount of compensation to be paid, the Settlement Officer shall refer the matter for arbitration in accordance with section 212.
[Am. by A78]
(3) If, before the Settlement Order has been published as provided for in section 95, the Settlement Officer is satisfied that any person who has not presented a claim is entitled to any right to land, he may proceed as if such person had presented a claim within the time prescribed.
95. Settlement Order.
(1) After full investigation and final determination of all claims, the Settlement Officer shall make a Settlement Order which shall be in Form E in the First
Schedule and shall contain any other particulars which may be prescribed by rules made under section 213.
(2) Every Settlement Order shall be published in the Gazette, and copies thereof shall, at the same time and for a period of one month thereafter, be exhibited at the office of the Superintendent in whose division, and at the office of the District Officer in whose district, the land is situate and at any other place which may be prescribed.
(3) After the publication of the Settlement Order, the Settlement Officer may by notice in the Gazette, with copies exhibited in the same manner as in the case of the Settlement Order, correct any clerical errors and make any clerical amendments or additions to the Settlement Order, as may be necessary to give effect to his decision.
96. Registration of new grant or lease in respect of land specified in Settlement Order.
(1) A new folio in the Register prescribed by section 112 shall be prepared for each parcel of land shown in the Settlement Order and a grant or lease, as the case may be, for each such parcel, in respect of which the Settlement Order specifies some person as the proprietor of such parcel, shall be prepared by the Superintendent and registered in accordance with section 112, and any such grant or lease shall be for such tenure and upon such conditions as may be prescribed by this code.
(2) [Deleted by Ord. No 2/74].
97. Representation of absentees, minors, persons under disability and others and also of members of a class.
(1) Subject to any general or special direction of the * Minister, the Settlement Officer shall, after consultation with-
(a) any local authority having jurisdiction over any part of the settlement area; and
(b) the Probate Officer,
[Am. by Ord. No 2/74]
[*Modified by Swk. L.N. 68 of 1964]
appoint a committee of suitable persons to advise him on any relevant system of customary law, to represent the interests of absent persons, minors, and persons under disability and to bring to the attention of the Settlement Officer any claims which may not for any reason have been presented.
(2) The appointment of a committee under subsection (1) shall not without further order give such committee the right to appear before the Settlement Officer or upon any appeal, but the Settlement Officer shall take into consideration any representations made by such committee and the Settlement Officer or any court to which appeal lies may, if satisfied that there is not other person entitled to represent a party who is absent or under disability and that it is desirable to make such appointment, by order appoint such committee, or some of them, to represent such party in the proceedings before the Settlement Officer or upon such appeal, as the case may be:
Provided that no appointment under this section shall render the committee liable to pay the costs of any other party.
98. Exclusion of areas from Settlement Area for Native Communal Reserves.
(1) After consultation with the committee appointed in accordance with section 97(1) the Settlement Officer may exclude from the provisions of this Part any area which is subject to, or likely to become subject to, section 6, and he shall forthwith submit a report on the area to the Director for submission to the Minister.
[Modified by Swk. L.N. 68 of 1964.]
(2) Provided that, if the part of such area to which the declaration under subsection (1) relates is comprised in a block in respect of which a notice under section 85 relates, the Settlement Officer shall-
(a) amend such last mentioned notice accordingly; and
(b) take all reasonable steps to inform any persons whose attendance he may have required under section 88 in connection with such part and such other persons, if any, who may have presented claims in connection with such part.
99. Government rights to unclaimed land.
All land in any settlement area to which rights are not established by any claimant and registered in accordance with section 112, other than land in in respect of which a dispute has not been finally decided shall belong absolutely to the Government and shall be entered as such in the Register.
100. Restriction on dealing pending settlement.
(1) After publication of any notice under section 85, no dealing affecting the title to any land in the block affected by such notice, whether such dealing purports to be a disposition affecting the whole or part of the land in the title or an undivided share therein, shall be accepted for registration until after the posting of the Schedule of Alienated land provided for in section 90(1) and the expiry of the period within which an appeal may be made under section 102 or, if such an appeal is made, until such is disposed of pursuant to the said section:
Provided that any such dealing may be produced to and accepted by the Settlement Officer and duly taken into consideration by him in drawing up the Schedule of Alienated land.
(2) Nothing in subsection (1) shall be so interpreted as to allow registration after the date of the posting of the Schedule of Alienated land, or the extended time referred to in that subsection, of any instrument which could not be registered before that date, unless such instrument complies with the appropriate provisions of this code and contains a sufficient description of the land dealt with therein to enable the land to be properly identified.
101. No claim to compensation on account of failure to locate parcel in existing Registers.
No claim to compensation shall lie, and no action shall be maintainable against the Government-
(a) on account of any failure during the settlement to locate a parcel to which the record in any existing Registers, or any existing title deed, or the judgement of any court relates.
(b) on account of any failure to establish any right to land which purports to be based on any record in an existing Register or an existing title deed; or
(c) on account of any error in the establishment of any boundaries in the partition of any land or in the statement of any area.
102. Appeal from a decision of Settlement Officer or of the Superintendent under section 18.
(1) Any person aggrieved by any act or decision of the Settlement Officer, or by any decision of the Superintendent to exercise or refrain from exercising the power conferred by section 18, may, notwithstanding anything to the contrary in section 7 of the Subordinate Courts Ordinance [Act 92]* contained, appeal to the court of a Magistrate of the First Class by a petition in writing made within three months from the date of the publication in the Gazette of the Settlement Order containing the decision which is the subject of appeal or, in the case of a decision arising out of a claim investigated by the Settlement Officer in accordance with section 91(2), within three months from the date on which a copy of such decision was served on the person so aggrieved, and, for the purpose of any further appeal, any such decision made by a Settlement Officer or the Superintendent as is mentioned in this section shall be deemed to have been made in civil proceedings.
[Am. by Ord. No 3/79]
(2) Any court to which an appeal is made shall notify the Director of any such appeal and shall also notify the Director in writing of its decision.
(3) A fee as prescribed by rules made under section 213 shall be payable on the presentation of any appeal under subsection (1).
*See also sections 3 & 111 of the Subordinate Courts Act 1948 [Act 92]
103. No appeal after period prescribed.
After the expiration of the period prescribed, not appeal shall lie from any decision recorded in the Settlement Order, except as provided for in section 203, and neither the Schedule of Alienated land nor the Settlement Order shall be open to the inspection of any person, whether entitled to an interest in the land or not, without the express permission of the Superintendent.
104. General powers.
Any Surveyor or Settlement Officer or any fit and proper person authorized in writing in that behalf by a Superintendent may, at any reasonable time, enter upon all lands which he is required to mark out or survey, and upon any neighbouring land, and may make all inquiries, and may affix or set up and boundary mark in or upon such land, and dig up any ground for the purpose of so doing, and may cut down and remove any timber or other growth which may obstruct any survey line or any boundary:
Provided always that as little damage as possible shall be done to the land or to any property thereon.
105. Note to secure attendance.
(1) Any Surveyor or Settlement Officer may cause a notice to be served on any person owning, occupying, applying for 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 of rendering aid in placing or repairing the boundary marks, or of affording assistance or information for the purpose of marking out or survey.
(2) Every person upon whom such notice may be served shall be legally bound to attend as required by the notice, and to do, so far as he may be able, any of the things mentioned therein. A contravention of this section shall constitute an offence: Penalty, a fine of two hundred ringgit.
106. Clearing boundary lines.
(1) Any Surveyor or Settlement Officer may cause a notice to be served on any proprietor or occupier of, or applicant for, such land requiring him to clear any boundary line, or to cut any line which may be necessary for the purposes of marking out or survey, or to provide labour or otherwise assist in such work.
(2) Every proprietor, occupier or applicant upon whom such notice may be served shall be legally bound to comply with the requirements thereof.
(3) If any proprietor, occupier or applicant fails to comply with the requirements of such notice he shall be guilty of an offence: Penalty, a fine of one hundred ringgit, any such officer may hire labour for the purposes specified in the notice, and the Superintendent may, in the proceeding before the Magistrate taking cognizance of the offence recover the cost of such labour from such proprietor, occupier or applicant.
107. 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 clear any line, the Surveyor or Settlement Officer shall assess the value of the same and shall pay or tender the amount so assessed to the proprietor thereof:
Provided that the assessment shall be made before the property is removed or destroyed.
(2) Any dispute regarding the sufficiency of the amount so paid or tendered shall, unless the proprietor requires that it be referred to arbitration, be determined by the Superintendent whose decision shall be final.
108. Boundary marks to be set up.
Any Surveyor or Settlement Officer may, after making due inquiry, mark out the boundaries of such land, and may, unless sufficient permanent marks of a suitable description have already been set up, cause the same to be affixed or set up in such manner and number as he may consider sufficient, and the Superintendent may recover the cost thereof from the proprietor or applicant.
109. Power to re-erect and repair boundary marks.
Whenever a Superintendent becomes aware that any boundary mark in his district has been injured, destroyed, removed or not properly maintained 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.
110. Removal of or interference with survey and boundary marks.
No land mark, boundary mark, trigonometrical station or other survey mark shall be defaced, obliterated, moved, injured or otherwise impaired, destroyed or rendered useless, except by a person duly authorized thereto by the officer having control of such station or mark, and any person acting in contravention of this section shall be guilty of an offence: Penalty, imprisonment for six months and a fine of one thousand ringgit, and the offender may further be ordered to pay the costs 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. Should any person have occasion to require the temporary or permanent removal or alteration of any such station or mark, he may make an application in writing to that effect to the Superintendent, setting forth the reasons for such application, whereupon the Superintendent may comply with such application and shall be entitled to recover from the applicant the cost of such work as may be thereby entailed.
111. Recovery of cost.
Whenever it is provided in this Part that the Superintendent may recover the cost or the expenses of doing any act or thing, the same may, if not paid on demand, be sued for by the Superintendent by summons returnable before any Magistrate having jurisdiction over the recovery of debts.
(1) Every Registrar shall keep a Register in such form as may be prescribed and shall record therein particulars of all instruments, dealings and other matters required to be registered or entered on the
(2) Any existing land Register under the former land Ordinance [Cap. 27 1948 Edition] or the former land Settlement Ordinance [Cap. 28 1948 Edition], hereinafter referred to as "a previous register', shall notwithstanding any difference in form, be deemed to form part of the Register, and any instruments or other dealings affecting land in either of these registers may be registered in accordance with this code.
(3) Notwithstanding subsection (2), upon the expiration of the term of a lease, Occupation Ticket or other document of title now registered in any previous register or upon the replacement of such a lease, Occupation Ticket, or document of title by a new lease or leases, whether upon a subdivision or otherwise, any new lease or leases shall, if the survey of the land has been completed to the satisfaction of the Superintendent, be registered in the Register and the prior record in the previous register shall be cancelled.
(4) The Registrar may at any time, if he is satisfied as to the sufficiency of the survey of the land in any lease, Occupation Ticket or other document of title in a previous register under the former land Ordinance [Cap. 27 1948 Edition], cancel the record in that register and transfer to the Register all the necessary particulars relating to the lease, Occupation Ticket or other document of title.
(5) In this section a reference to a lease shall include a grant.
(6) Notwithstanding anything in this section, if registration of an estate or interest, or of any entry in a previous register, has been made otherwise than in the name of a person, or has been made in the name of a person who would not be entitled to be registered as a proprietor under this code, then that registration, and any other registration in the previous register affecting that registration, shall not form part of the Register until it has been included in the Register pursuant to an order of a competent court made under the provisions of section 224 or has, otherwise, lawfully been included in the Register; and, if by any failure to appreciate that this subsection applies or by any error or omission, the registration of that estate, interest or entry, as the case may be, is included in the Register, such inclusion shall be void and shall not for the purposes of section 119 be deemed to have been registered in accordance with this Part.
113. When instruments deemed to be registered.
Every grant and lease of State land and every instrument or other dealing affecting land under this code shall be deemed to be registered under the
provisions and for the purposes of this code as soon as particulars regarding the same, together with the name of the person entitled to the interest therein, have been entered on the Register and the entry signed by the Registrar:
Provided that any grant, lease or provisional lease of State land shall also be deemed to be registered as soon as one part of such grant or lease, duly completed is permanently annexed to, or forms party of, the Register.
114. Provision for counterparts.
(1) Whenever there is no duplicate of any instrument tendered for registration, the Registrar shall retain and file such instrument.
(2) If, upon application for registration, any instrument tendered for registration has been executed in duplicate or in more parts, the Registrar shall, after retaining and filing one such part and upon payment of the prescribed fee, affix his signature to such other parts as have been executed:
Provided that nothing in this subsection contained shall be construed as imposing any obligation on the Registrar to affix his signature on more parts than there are parties to the grant, lease or other instrument excluding the part retained and filed by him in pursuance of this subsection.
(3) Nothing in this section shall preclude the Registrar in his discretion, in any particular case or class of case, from making an additional copy of a lease of State land or other dealing.
(4) Where there is any conflict between the Register, or of any instrument retained by the Registrar pursuant to subsection (2), and the issue document of title delivered to the person entitled, the Register shall prevail.
115. Registered proprietor.
The person named in any grant, lease or other instrument registered in accordance with section 113 as entitled to or taking any estate or interest shall be deemed to be the registered proprietor thereof.
116. Priority of registration.
(1) Every instrument shall be registered in the order of time in which it is presented for registration and, in the case of an instrument drawn up, at the request of the parties concerned, by the Registrar or any other officer in accordance with rules prescribed for the purpose, it shall be deemed to have been presented for registration when it has been signed by the parties, all fees and duties have been paid and all other matters have been completed by them to enable the registration to be effected.
(2) In the case of instruments received by post, whether these have been prepared by a Government officer or not, they shall be deemed to have been presented for registration at the time the office closed for business on the day they were received properly drawn and attested and with all necessary matters relating thereto duly completed.
(3) Instruments registered with respect to or affecting the same estate or interest shall, notwithstanding any express, implied or constructive notice, be entitled in priority the one over the other according to the date of registration and not according to the date of each instrument itself.
(4) If two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest in any land are presented to the Registrar for registration at the same time the person, if any, in possession of the issue document of title of the land shall have the better claim to registration.
117. Issue document of title.
(1) The expression "issue document of title" does not include a document of title other than a document of title issue by the Government to a person holding directly from the Government by way of grant, lease, Occupation Ticket or other similar disposition for a term of years and, subject as aforesaid, means-
(a) in the case of any document of titled issued under the provisions of-
(i) this code;
(ii) the former land Ordinance [Cap. 27,(1948 Edition)]; or
(iii) any Order of the Rajah affecting land,
that part which pursuant to those provisions is or has been issued to the person entitled thereto;
(b) in the case of a grant or lease under the former land Settlement Ordinance [Cap. 28 1948 Edition], subject as hereinafter provided, the photostat copy thereof issued to the person entitled to such grant or lease; or
(c) in any case in which a certificate in Form F in the First Schedule is issued, that certificate.
(2) In any case in which the only issue document of title subsisting is that referred to in subsection (1)(b), any person who is able to satisfy the Registrar that he is entitled as lessee or grantee to any land comprised therein shall be issued with a certified document of title in Form F in the First Schedule.
118(1). Production to Registrar of issue document of title upon registration.
In the event of any transfer, charge, sub-lease or other dealing affecting land comprised in a document of title, the issue document of title shall, unless the Registrar dispenses with the same as provided by section 123, be produced to the Registrar upon registration of such transfer, charge, sub-lease or other dealing.
118(2). Particulars to be endorsed on issue document of title.
Whenever particulars regarding any instrument have been entered on the Register, the Registrar shall except in the case of a transfer or other dealing endorsed on a sublease or on a charge, record the like particulars on the corresponding issue document of title unless the Registrar, as provided by section 123, dispensed with the production of the same.
119. Instrument not effectual until entry in Register.
(1) No instrument shall be effectual to pass any land or any interest therein, or render any land liable as security for the payment of money until it has been registered in accordance with this Part.
(2) No court of competent jurisdiction shall recognise, assist, enforce or protect, as against a registered proprietor or a person claiming through or under a registered proprietor, any claim to the possession, enjoyment or occupation of any land, or any interest affecting land, which is founded upon or arises from any instrument which by reason of subsection (1) is not effectual:
Provided that nothing in this subsection shall operate to defeat a claim to damages or for specific performance founded upon, or arising from, such an instrument.
(3) An instrument which, by virtue of this section, is ineffectual shall be treated as ineffectual by every court of competent jurisdiction until it has been registered in accordance with the provisions of this code, notwithstanding the existence of a right to specific performance.
(4) The deposit with any person, by way of security for the payment of money, of any document affecting or relating to land may operate as an agreement to create a charge, but shall not give rise to any claim to enforcement as a charge, unless and until a charge relating to the same transaction has been executed and registered on the Register.
120. Informal instruments not to be registered.
No Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this code, except in the manner herein provided, nor unless that instrument is in accordance with the provisions hereof.
121. Register to be open for search.
Any person may, upon payment of the prescribed fee and subject to the provisions of any rules that may be made in that behalf, have access to the Register for the purpose of inspection during the hours that the office is open for business.
122. Arrears of rent, fees, etc., to be paid before registration.
No instrument of transfer, charge or sub-lease of, or of any other nature effected by the lessee relating to, land under this code shall be registered, unless all arrears of rent and other fees and dues payable to the Government have been paid.
123. Registrar may dispense with issue document of title or charge.
(1) The Registrar may for reasonable cause dispense with the production of any issue document of title, or any charge, for the purpose of entering the particulars by this code required to be entered upon the transfer, or other dealing with land, under this code.
(2) When the production has been dispensed with under subsection (1), the Registrar shall, after giving one month's notice in the Gazette of his intention so to do, notify in the Register that the particulars of the registration have not been entered on the issue document of title or charge, and the registration shall thereupon be as valid and effectual as if the particulars had been so entered.
124. Registration in name of deceased person.
(1) The death of any person, either before or after the presentation of any instrument executed by him, shall not prevent the registration of such instrument, but such instrument may be registered and shall be valid, notwithstanding such death.
(2) A lease or grant of State land, a transfer, charge or any other instrument may be registered notwithstanding that the person acquiring the interest therein has previously died, and the interest thereby acquired shall devolve in like manner as if the instrument had been registered immediately prior to the death.
125. Stamp duty to be paid before registration.
No Registrar shall register any instrument liable to stamp duty unless the full amount of stamp duty payable thereon has been duly paid, but no registration shall be invalidated by reason of any error in this respect.
126. Instruments requiring correction.
(1) The Registrar may refuse to complete or proceed with the registration of any instrument, or to do any act to make any entry in relation thereto, if he is of the opinion that, because of some defect or error therein or because of an omission to furnish certain documents or for any other reason, it is not capable of registration.
(2) Notice of such refusal shall be given to the person who presented the instrument for registration, or to the person entitled thereunder, requiring him to correct the error or do such other things as may be necessary to make the instrument capable of registration. In the event of such person omitting, for a period of one month after the date of such notice, to comply with the requirements thereof, the Registrar may deliver the instrument to the person who presented it for registration, or send it by registered letter through the post to such person or to the person entitled thereunder, and thereupon all fees and duties paid thereon shall be forfeited.
127. Certified copies.
Upon payment of the prescribed fee, the Registrar shall furnish to any person applying for the same a certified copy of any registered instrument, and every such certified copy signed by him and sealed with his seal shall be received in evidence for all purposes for which the original instrument might be put in evidence.
128. The issue of new document of title in case of loss of original.
(1) In the event of any issue document of title being lost, mislaid or wholly or partly destroyed, the registered proprietor, together with other persons, if any, having knowledge of the circumstances, may make a statutory declaration as to the facts giving the names and descriptions of the registered proprietors and particulars of all charges or other dealings affecting the land and the title thereto.
(2) The Registrar, if satisfied as to the truth of the declaration, may issue a new issue document of title which shall be an exact copy of the original document of title, or contain the same particulars, and shall also give particulars of every registered charge or other dealing that affects the land and the title thereto.
(3) The Registrar shall at the same time enter in the Register notice of the issuing of the new issue document of title, and the date thereof, and the circumstances under which it was issued.
(4) The Registrar before issuing the new issue document of title shall give at least one month's notice of his intention so to do, and shall publish the same locally and also in the Gazette.
(5) Every such new issue document of title shall be available for all purposes and uses for which the original issue document of title so lost, mislaid or destroyed would have been available, and shall be as valid to all intents as the lost issue document of title.
(6) This section shall, as far as they are applicable and with the necessary modifications, apply to any sub-lease or charge which the outstanding duplicate has been lost, mislaid or destroyed.
(1) Except in the case of any land held by trustees, when land is held by co-proprietors they shall be entitled to the land in undivided shares equally, or in such other proportion as may be registered, and, subject as hereinafter provided, any one of them may claim to have a partition of the land made.
Provided that no partition shall be effected except in accordance with Part X and subject to such terms and conditions as may be imposed by the State Planning Authority.
[Am. by Cap. A50]
(2) No such partition of land subject to a charge or sub-lease shall be made unless the chargee or sub-lessee, as the case may be, shall in writing delivered to the Registrar have given his consent to such partition.
(3) No such partition of land shall in any case be made unless either the consent of all the co-proprietors has been obtained or the same has been ordered by a competent court.
(4) [Deleted by Cap. A50].
130. Joint tenants.
In the case of any land or any charge, sublease or other interest acquired by two or more persons as trustees, the words "as trustees" may be inserted in the document of title at the time of the issue thereof, or in the instrument whereby the interest is acquired, and an entry to the same effect shall be made in the Register. The persons named therein shall thenceforth hold the land or the interest therein as joint tenants and, subject to any lawful appointment of a new trustee or trustees, with the right of survivorship.
(2) Nothing in this section shall require the Registrar to concern himself with the terms of any trust and, subject to this code, the land, charge, sub-lease or interest may be dealt with by the registered proprietors as if they were the absolute proprietors.
131. Title guaranteed to registered proprietor.
No title or right to land included in the Register shall be acquired by possession or user adversely to, or in derogation of, the title of the registered proprietor holding directly from the Government.
132. Indefeasibility of title.
(1) Subject to this code, the registered proprietor of any estate or interest in land to which this section applies shall, except in the case of fraud, hold such estate or interest subject to the interests subject to the interests noted on the Register but free from all other interest except-
(a) the estate or interest of a proprietor included in the Register in priority to the title under or through which the first mentioned registered proprietor claims, being an estate or interest to which this section applies;
(b) as regards any portion of land included in the issue document of title by virtue of a wrong description:
Provided that this exception shall not apply if the registered proprietor is a purchaser in good faith and for value of the portion of land affected, or derives title through such a purchaser;
(c) the implied conditions, obligations and restrictions referred to in section 32;
(d) the interest of a tenant in possession of land for a term not exceeding one year;
(e) any charge affecting the land under any written law; and
(f) any easement lawfully created and subsisting on the 1st day of January, 1958, or at such later date when the estate or interest affected by such easement becomes included in the Register.
(2) This section shall apply to any estate or interest in land included in the Register, other than an estate or interest included in a previous register under the former land Ordinance [Cap. 27 1948 Edition] and included in the Register by reason only of section 112(2) or an estate or interest acquired by a foreign person, foreign company, foreign corporation or foreign body in contravention of section 13A, 13B, 13C or 13E.
[Am. by Cap A50]
133. Doctrine of notice not to apply.
(1) No person, whether or not he has become registered as the proprietor of any interest, who contracts or deals with, or takes a transfer from, a registered proprietor or with or from a person who is entitled to be registered as proprietor shall, except in the case of fraud, be concerned to ascertain the circumstances under which such proprietor, or any previous proprietor, was registered, or to see to the application of the purchase money, or be affected by notice actual or constructive of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding.
(2) The knowledge that any trust or unregistered interest is in existence shall not of itself be imputed as fraud for the purpose of this section.
134. Effect of fraud.
(1) Any issue document of title or entry or alteration in the Register procured or made by fraud shall be void as against any person defrauded, or who may be defrauded, thereby, and no person who is a party or privy to the fraud, or who claims solely as a volunteer under such person, shall take any benefit thereform.
(2) Nothing in this code shall be so construed as to place in doubt the title of any person who is a purchaser in good faith and for value of any interest, and who is registered as the proprietor of such interest, on the ground that the registered proprietor through or under whom he claims was registered as proprietor through fraud or error, whether such fraud or error consisted in a misdescription of the land or otherwise.
135. No compensation for failure to locate land in old Registers.
In cases where documents of title have been issued under the former land Ordinance [Cap. 27 1948 Edition] and the entries on the register under that Ordinance have not been cancelled and replaced by new entries in the Register, no claim to compensation shall lie, and no action shall be maintainable, against the Government on account of any failure to locate the parcel of land to which the document of title relates or on account of any error in the marking out or establishment of any boundaries, or in the statement of any area.
136. Rectification of the Register.
(1) Subject to any rules made under section 213, the Registrar may, upon such evidence as appears to him sufficient, correct errors or omissions in any document of title or other instrument, or in the Register, and may make any entry necessary to supply any such omission, and any errors so corrected or entries so applied shall have the errors so corrected or entries so supplies shall have the like validity and effect as if such error or omission had not been made, except as regards any entry in the Register prior to the actual time of correcting that error or omission.
(2) Where it appears to the satisfaction of the Registrar that -
(a) any document of title or other instrument has been issued in error or contains any mis-description of land or of boundaries;
(b) any document of title, instrument, entry or endorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongfully retained; or
(c) the production of any document of title or other instrument is required for the purpose of enabling the Registrar to exercise his powers under subsection (1),
he may require the person to whom that document of title or instrument has been issued, or by whom it is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require.
(3) If any such person refuses or neglects to comply with any such request or cannot be found, the Registrar may apply to the High Court to issue a summons for such person to appear before the Court and show cause why such grant, lease or other instrument should not be delivered up to be cancelled or corrected.
(4) If such person, in answer to such summons as aforesaid, is unable to show cause or, when served with such summons, neglects or refuses to attend before the Court at the time therein appointed, or shall have absconded before such summons is served upon him, the Court may direct the Registrar to cancel or correct any document of title or other instrument, or any entry in the Register relating thereto, and to substitute and issue such other document of title or instrument or make such other entry as the circumstances of the case may require.
137. Transfer by registered proprietor.
(1) When any land or any estate or interest therein is intended to be transferred, the transferor and transferee shall execute for the purpose of registration a memorandum of transfer in Form G in the First Schedule, which memorandum shall give such description of the land as may be necessary, shall refer to the entry in the Register relating thereto and shall contain a precise statement of the estate or interest intended to be transferred. Every transfer shall be subject to section 31.
(2) A right of way or other easement over or affecting any land may be created by a grant in Form G(1) in the First Schedule modified to suit the circumstances, and may be made appurtenant to other land, but no such right of way or other easement in respect of land subject to a charge shall be binding on the chargee, except so far as he has consented thereto.
[Am. by Cap. A17]
(3) Upon any lawful transfer or part of the land comprised in any existing document of title, a new document of title shall be issued for the part transferred and another document of title shall be issued for the balance, pursuant to section 25.
138. Where land is subject to a charge.
In every memorandum transferring any land subject to a charge, there shall be implied the following agreement by the tranferee with the transferor and, so long as the transferee shall remain the proprietor, with the chargee, that is to say, that the transferee will pay the principal sum, interest and other moneys secured by such charge at the rate and at the time or times specified in the instrument creating the same, and will indemnify and keep harmless the transferor from and against the principal sum, interest and other moneys secured by such instrument and form and against all liability in respect of any of the agreements therein contained, or by this code implied, on the part of the transferor.
139. Transfer of sublease and charges.
(1) A registered charge or sublease may be transferred by a memorandum of transfer in Form G in the First Schedule.
(2) Upon the registration of any memorandum of transfer of a charge or sublease, the interest of the transferor as set forth in the charge or sublease, with all rights, powers and privileges thereto belonging or appertaining, shall pass to the transferee.
(3) The transferee shall thereupon become subject to, and liable for, the same requirements and liabilities to which the transferor would have been subject and liable if such transfer had not been made; and, by virtue of every such transfer, the right to sue upon the charge or sublease, and to recover any money or damages thereunder, and all interest in any such money or damages, shall be transferred so as to vest the same in the transferee thereof.
140. Implied agreement by transferee of sublease.
In every transfer of a sub-lease, there shall be implied the following agreement by the transferee with the transferor, that is to say, that the transferee will
henceforth pay the rent by the sublease reserved and perform and observe all the agreement and conditions in the sublease expressed or implied on the part of the sublessee to be performed and observed, and will indemnify and keep harmless the transferor against all actions, claims and expenses in respect of the non-payment of such rent or the breach or non-observance of such agreements or conditions, or any of them.
141. Removal of easement.
Where an easement has been determined or extinguished, the Registrar shall, upon proof to his satisfaction of the determination or the extinguishment, make an appropriate entry upon the Register and upon any relevant instrument relating thereto:
Provided that, unless the determination or extinguishment was by effluxion of time or merger, the Registrar before making the entry in the Register shall give notice of his intention so to do to all persons appearing to him to be entitled to any interest under the easement or shall give at least one month's notice of his intention in the Gazette.
142. If transfer has been lost or has not been executed.
Any person claiming to be rightfully entitled to any estate or interest in land by reason of the payment by him to the registered proprietor of the full amount agreed upon as purchase money and who has lost or inadvertently destroyed the instrument of transfer before registration thereof, or who has not obtained a registrable instrument of transfer executed by the registered proprietor and who, by reason of the continued absence of the registered proprietor from sarawak without having appointed an attorney or because the whereabouts of the registered proprietor is unknown and it is not known whether he be alive or dead, is unable to obtain an instrument of transfer from the registered proprietor to replace the instrument that has been lost or destroyed or a registrable instrument of transfer, where one has not already been given, may apply to the High Court for an order declaring him to be entitled to the estate or interest claimed and to be registered as proprietor thereof and the Court, upon production of such evidence as it considers necessary and upon proof to its satisfaction that all the purchase money has been duly paid, may make such order accordingly. Such order shall be liable to stamp duty as an instrument of transfer.
143. Forms of charges.
(1) Whenever any estate or interest in land is intended to be charged with, or made security for, payment of any money, the registered proprietor and chargee shall execute a memorandum of charge in Form H(1) or H(2) in the First Schedule, which memorandum shall give such description of the land as may be necessary, shall refer to the entry in the Register relating thereto and shall contain a precise statement of the estate or interest intended to be charged. Any such charge may contain such other special conditions as may have been agreed to by the parties, but shall not contain a charge over property other than land or an estate or interest in land.
(2) If the proprietor and the chargee agree that no dealing shall be registered against the land during the period of the charge, the following convenent shall be included in the charge-
"I (We) ................................. registered proprietor(s) and I (We) ........................ chargee(s), hereby agree that during the period of this charge no dealing shall be registered against the property unless the chargee has given his consent to such registration."
(3) Upon registration of the charge the covenant shall operate as a caveat against the registration of any dealing affecting the land during the period of the charge, unless it is with the written consent of the chargee:
Provided that nothing in this subsection shall operate to prohibit the registration of any transmission affecting the land in consequence of the death or bankruptcy of the chargor or a dealing pursuant to an order of a court of competent jurisdiction.
143A. Profits and other money secured by any charge where an Islamic bank is the Chargee.
For the purposes of section 144 to 157, "interest " shall be construed to mean, in relation to any charge where any bank licensed under the Islamic Banking Act 1983 [Act 276] is the registered Chargee, the gain, profit or other moneys due thereon in accordance with the terms of the charge.
[Ins. by Cap. A17]
144. Conditions implied.
In every charge there shall be implied the following covenants and conditions-
(a) that the chargor will pay to the chargee the principal sum mentioned in the charge with the interest thereon in accordance with the provisions of the charge;
(b) that the chargor will, during the continuance of the charge, punctually pay all rates, taxes and charges as and when the same become due in respect of the said land;
(c) that the chargor will maintain and keep in a reasonable state of repair all buildings or other improvements erected or made upon the land and that the chargee may at all reasonable times, until such charge is satisfied, upon giving to the chargor two days previous notice, enter by himself or by his agent into upon such land to view and inspect the state of repair of such buildings or improvement;
(d) that the chargor will, in the case of a charge of country land, continue to maintain and cultivate in a proper manner all parts of the land, other than such parts as may lawfully be used for other than agricultural purposes, and that the chargee may at all reasonable times, until such charge is satisfied, enter upon such land to view and inspect the state of maintenance and cultivation;
(e) in any case where a charge is subject to a prior charge, there shall also be implied a covenent by the chargor that he will duly and punctually pay all principal, interest and other moneys secured by, and perform and observe all the covenants and conditions contained or implied in, any charge having priority to this present charge.
(1) A chargor shall be entitled to redeem the land charged, at any time before the same has been actually sold under the power of sale, on payment of all moneys due and owing under the charge at the time of payment.
(2) A chargor shall be entitled to redeem the land charged although the time for redemption appointed in the charge has not arrived, but, in that case, he shall pay to the chargee, in addition to any other moneys then due or owing under the charge, interest on the principal sum secured thereby for the unexpired portion to the term of the charge.
(3) A chargor seeking to redeem after the expiry of the term of the charge, or of any further term for which it has been renewed or extended, shall give to the chargee three clear months' notice in writing of his intention to redeem or shall pay to the chargee three months' interest in lieu thereof:
Provided that there shall be no right to redeem in any case which the chargee has entered into possession of the land charged, or any part thereof, or has taken any step to realise his security.
(4) Where the chargor has made default in payment of the principal sum at the expiry of the term of the charge, or of any period for which it has been renewed or extended, and the chargee has accepted interest on the said sum of any period not being less than three months after default has been so made, then, so long as the chargor performs and observe all covenants expressed or implied in the charge other than the covenant for payment of the principal sum the chargee shall not call up and compel payment of the said sum without giving to the chargor three clear months' notice of his intention so to do.
146. Alteration of terms of the charge.
(1) In the case of every charge under this code-
(a) the amount secured by the charge may be increased or reduced;
(b) the rate of interest may be increased or reduced; and
(c) the term or currency of the charge may be shortened, extended or renewed by a memorandum in one of the Forms I,J or K in the First Schedule, as is applicable:
Provided that it shall not be necessary for the chargor to execute a memorandum of reduction, or for the chargee to execute a memorandum of increase, of the amount of the charge.
Provided further that it shall not be necessary for the chargor or chargee to execute a memorandum of reduction or increase of the rate of interest payable under the charge.
[Ins. by Ord. No.5/90]
(2) The memorandum may include all or any of the matters referred to in subsection (1) and the said Forms may be modified accordingly.
(3) A memorandum varying the terms or conditions of any charge of land subject to be subsequent charge shall not be binding on any chargee unless he has consented thereto in writing, but that consent shall render such memorandum binding on the chargee so consenting.
(1) The registered holder of a charge may create a sub-charge and this code as to registered charges shall apply, with the necessary modifications, to registered sub-charges.
(2) A charge subject to a sub-charge shall not be discharged, nor shall the terms thereof be varied, nor shall the chargee exercise any of his rights in the case of default, without the consent in writing of the sub-chargee.
148. Remedies for default.
(1) If default be made in the payment of the principal sum, interest or other moneys secured by a charge, or in the observance of any agreement, expressed or implied in any charge, the chargee may give to the chargor, his personal representatives or assigns, notice in writing that the chargee will resort to all available remedies unless such default be remedied.
(2) If the chargor fails to comply with the requirements of any notice lawfully given, the chargee shall be at liberty to apply to the High Court-
(a) for an order entitling him to enter into possession and to be registered as proprietor of the charged land;
(b) to receive the rents and profits of the charged land; or
(c) for the sale of the charged land,
and the Court after hearing the evidence may make such order as in the circumstances seems just.
Provided that where a licence for the establishment of a planted forest has been granted under section 65B of the Forest Ordinance [Cap. 126 1958 Ed.] and a caveat has been lodged by the holder thereof against the land prior to the registration of the charge favouring the chargee-
(i) no relief shall be granted under this section unless and until a copy of the application made by the chargee and all relevent document in support thereof have been duly served on the holder of such licence; and
(ii) any order for the possession of the charged land or the sale thereof and any memorandum of transfer excuted pursuant to section 150(3) shall be made expressly subject to the rights, interests and caveat of the holder of any licence for the establishment of a planted forest granted under section 65B of the Forest Ordinance [Cap. 126 1958 Ed.] unless such holder is the purchaser of the charged land.
[Ins. by Cap. A42]
(3) The notice under subsection (1) shall comply with the terms of the charge:
Provided that, without prejudice to section 145(4), if no period of notice for the purposes of this section is stipulated by the charge, not less than thirty days' notice shall be given.
149. Second or subsequent charges.
The proprietor of land subject to a charge may create a second and subsequent charge and, when such a charge has been registered, this code shall apply to such second or subsequent charge, but any sale under the power expressed or implied in any such charge shall be expressed to be subject to all prior charges.
150. Sale by order of court.
(1) Where any competent court orders the sale of any land subject to a charge, it shall notify the Superintendent of its decision and shall serve a notice of the intended sale upon the chargor and upon the registered proprietor of every other estate or interest in the land. It shall also give notice of the intended sale by advertisement in the Gazette and by such other means as it may deem sufficient. The sale shall be by public auction or tender or such other mode of sale as may be directed by the court subject to such conditions of sale as shall be approved by the court. The court shall also fix the date of the sale, which shall be not less than thirty days from the date of the order of sale, and shall authorize such other acts as may be necessary for the conduct of the sale. A reserve price shall be put on the land which shall be approximately equal to its estimated fair market value.
[Am. by Cap. A17]
(2) The chargee and the holder of a licence for the establishment of a planted forest granted under section 65B of the Forest Ordinance [Cap. 126 1958 Ed.]
may be a bidder at any sale to which subsection (1) relates and become the purchaser of the land or any part thereof.
[Am. by Cap. A42]
(3) Where a sale has been affected either to the chargee or to any other person, a memorandum of transfer shall, after payment of the purchase price and such other moneys as may be necessary, be executed in favour of the transferee by such person, including an officer of the court, as the court may order and shall, with the necessary document of title, be presented to the Registrar for registration.
(4) Upon the registration of any memorandum of transfer executed in accordance with this section, the estate or interest of the chargor therein expressed to be transferred shall vest in the transferee, freed and discharged from the liability under the charge under which the power of sale has been exercised and from any other estate or interest, except an estate or interest which has priority over the charge or which the reason of the consent of the chargee is binding on him, and the Registrar may make in the Register any entry necessary to show that every such liability, estate or interest has been so determined.
151. Application of purchase money.
Purchase money arising from any sale under section 150 shall be applied in the order following-
(a) in payment of any rents, taxes, rates and other fees due to the Government;
(b) in payment of the expenses and costs of, and incidental to, the notices, summonses and sale;
(c) in payment of the moneys which may then be due or owing to the chargee;
(d) in payment of subsequent charges, if any, in order of their priority and the surplus, if any, shall be paid to the chargor.
152. Procedure if no sale.
When no bid has been made at or above the reserve price, it shall be lawful for the court to adjourn the sale and to order that the land be again put up for auction with the same or with a reduced reserve price:
Provided that, in every case, it shall be the duty of the court to have the time of the sale publicly notified by advertisement and in such other manner as shall be advisable, or as shall be regulated by any rules made under this code, or by order of the court.
153. Protection of purchaser.
Any memorandum of transfer executed in accordance with section 150(3), upon a sale shall, in favour of any person claiming by, through or under that memorandum of transfer in good faith and for valuable consideration be conclusive proof that all this code relating to the sale have been complied with and that all things have happened, and all times have elapsed, to authorize the memorandum of transfer to be made.
[Am. by Cap. A42]
154. Discharge of charge.
(1) Upon the production of any memorandum, by endorsement on the charge or otherwise signed by the chargee and duly attested, acknowledging receipt of the moneys secured or discharging the land, estate or interest from the whole or part of the principal sum, or discharging any part of the land comprised in the charge from the whole or any part of that principal sum, the Registrar shall make an entry in the Register and on the issue document of title noting that the charge is discharge wholly or partially.
(2) Upon the making of any such entry, the land, estate or interest mentioned or referred to in the memorandum shall cease to be subject to, or liable for, the principal sum or for the part so noted in the entry as discharged. Where the charge is wholly discharged, any caveat included therein shall cease to have any effect.
(3) The duplicate of every charge wholly or partially discharged as aforesaid shall be surrendered to the Registrar to be cancelled or partially cancelled, as the case may be, unless the Registrar sees reasonable cause to dispense with this surrender.
155. Repayment when chargee cannot be found.
(1) Where any person entitled to receive, or having received, payment of any money secured by a charge is not in sarawak, cannot be found or is unknown, or is dead, or it is uncertain who is entitled, the High Court, upon the application of the person entitled to redeem the charged premises, may order the amount of the debt to be ascertained in such manner as the Court thinks fit and may direct the amount so ascertained to be paid into Court or, as the case may be, may by order declare that all moneys secured by the charge have been paid in full.
(2) A certificate by the Registrar of the Court that such payment as is referred to in subsection (1) was directed and has been made, or a copy of the order of the Court declaring that all moneys secured by the charge have been paid in full, shall be registrable and shall, upon registration, operate as a discharge of the land from the charge in the same manner as a memorandum of discharge operates under section 154. As between the chargor and chargee, any amount which is eventually shown by the person entitled to the charge to have been in fact due and payable over and above the amount so paid shall continue to be a specialty debt due under the charge.
(3) The Court shall order the amount so paid into Court to be paid to the person entitled upon the application of that person and on proof that the charge and all other necessary documents have been delivered to the person by whom the amount was so paid into Court or have been otherwise satisfactory accounted for.
156. When an order of Court is made.
Upon the registration of any order made by the Court under section 148(2)(a), the estate or interest of the chargor shall vest in the chargee subject to any charges which may have priority but freed and discharged from any other estate or interest, and the liability of the chargor for the payment of any principal sum, interest or other moneys secured by the charge shall be discharge, except and to the extent that the order of the Court otherwise decrees.
157. When chargee becomes purchaser.
Where the chargee becomes the purchaser at a sale conducted under section 150, the amount at which the property was sold, whether that amount is the reserve price at the auction or an amount in excess thereof, shall be treated as the value of the property and, subject to any directions that may be given by the court, that value shall be adopted for the purpose of determining the amount of debt, if any, still owing by the chargor to the chargee after due allowance is made for any moneys owing by the chargor under any prior charges, if any.
158. Form of sub-lease.
When any land is intended to be subleased for any term exceeding one year, the proprietor and the sublessee shall execute for the purpose of registration a memorandum of sublease in Form L in the First Schedule, which memorandum shall give such description of the land as may be necessary to identify the same and shall refer to any entry in the Register relating thereto. Any such sublease may also include an agreement by the sublessee that he will insure and keep the property insured against loss or damage by fire and also such other conditions as may have been agreed to by the parties.
159. Sublease not binding on chargee without consent.
No sublease of charged land shall be binding upon the chargee except so far as he has consented thereto.
160. Covenant for right to purchase.
A right for, or covenant by, the subleassee to purchase the land may be stipulated in a memorandum of sublease and in case the sublessee pays the purchase money and otherwise observes his covenants expressed or implied in the instrument, the lessor shall be bound to execute a memorandum of transfer and to perform all other necessary acts for the purpose of transferring to the sublessee the land included in the sublease.
161. Sublease for term not exceeding one year.
Any sublease, or agreement for a sublease, granted for a term not exceeding one year shall be valid without registration, and every registered dealing with the land shall be subject to the rights of a tenant in possession under a prior sublease or agreement for a sublease for a term not exceeding one year:
Provided that no right to purchase the land contained in any sublease, or agreement for a sublease, for a term not exceeding one year shall be valid against any subsequent transferee, sublesse or chargee, unless the memorandum of sublease or agreement be registered or unless a caveat giving notice of such right to purchase be registered.
162. Agreements implied in subleases.
In every sublease there shall be implied the following agreements by the sublessee-
(a) that he will pay the rent thereby reserved at the time therein mentioned, provided that in case the premises or any part thereof shall at any time during the continuance of the sublease be destroyed or damaged by fire, flood, storm or tempest so as to render the same unfit for the occupation and use of the sublessee, then the rent thereby reserved or a proportionate part thereof according to the nature and extent of the damage shall abate and all or any of the remedies for the recovery of the rent shall be suspended until the premises shall have been rebuilt or made fit for the occupation and use of the sublessee;
(b) that he will at all times during the continuance of the sublease keep and, at the dermination thereof, yield up the premises in good and tenantable repair having regard to their condition at the commencement of the sublease, accidents and damage from fire, flood, storm and tempest and fair wear and tear excepted.
163. Powers in the lessor.
In every sublease there shall be implied the following powers in the lessor-
(a) that whenever the rent reserved is in arrear, he may levy the same by distress;
(b) that he may by himself of by his agent at all reasonable times during the term, upon giving to the sublesse two days previous notice, enter upon the property and view the state of repair thereof,and may serve upon the sublessee, or leave at his last or usual place of abode or upon the property, a notice in writing of any defect requiring him within a reasonable time to be therein mentioned to repair the same; and
(c) that, whatever the rent or any part thereof, whether legally demanded or not, is in arrear for the space of three months, or whenever the sublesse has failed to perform or observe for a space of three months any of the covenants, conditions or stipulations contained or implied in the
sublease, and on the part of the sublessee to be performed or observed or whenever repairs required by a notice in terms of paragraph (b) have not been completed within the time specified, he may re-enter upon the premises and recover possession thereof and thereby determine the estate of the sublesse, but without releasing him from liability in respect of breach or non-observance of any such covenant, condition or stipulation.
164. Agreement implied in sublease.
There shall be implied in every memorandum of sublease an undertaking by the lessor that he shall, during the continuances of the sublease, pay all rent, taxes and other charges, if any, which are payable to the Government and shall keep the sublessee indemnified against all claims and demands in respect of such rent, taxes and other charges, and in respect of any moneys payable under any charges on the property.
When any land which is included in a sublease already registered is intended to be subleased for a term exceeding one year, the sublessor and the sublease shall execute a memorandum of sublease in substantially the same form as that referred to in section 158, and all the provisions of this code in respect of lessors and subleesses shall, with the necessary modifications, apply to such sublease and the sublessor and sublessee.
166. Extension or variation of sublease.
(1) The term of any sublease may, from time to time, be extended by a memorandum of extension in Form M in the First Schedule signed by the lessor and the sublessee for the time being and registered before the expiry of the then current term of the sublease.
(2) Subject to the provisions of this section, a memorandum of extension shall have the same effect as if it were a memorandum of sublease for the extended term, subject to the same convenents, conditions and restrictions, with the necessary modifications, as are contained or implied in the sublease. Upon the registration of a memorandum of extension, the estate of the sublessee thereunder shall be deemed to be subject to all encumbrances and other interests to which the sublease is subject at the time of the registration of the memorandum of extension.
(3) The covenants, conditions and restrictions contained or implied in the sublease may be expressly varied, negatived or added to by the memorandum of extension.
(4) A memorandum of extension may be registered in the same manner as the original sublease, and a certificate thereto shall be entered on the Register and on all relevant instruments.
(5) If the land affected by the memorandum of extension is, at the time of the registration of the memorandum, subject to any charge, the memorandum shall not be binding on the chargee unless he has consented thereto in writing on the memorandum.
167. Surrender of sublease.
(1) The surrender of a sublease by agreement between the parties may be effected by endorsing thereon the word "surrendered" and that the endorsement, if signed by all necessary parties and attested, shall be noted on the Register and on the issue document of title, and shall thereupon operate to vest all the estate and interest of the sublessee in the lessor.
(2) No sublease subject to a charge or sublease shall be surrendered without the consent of the chargee of sublessee.
168. Re-entry by lessor.
(1) In case of re-entry and recovery of possession of any premises held under a sublease, either by process of law or by exercise of any power of re-entry in the sublease contained or implied, the Registrar shall, upon proof to his satisfaction of the re-entry and of actual recovery of possession, notify the re-entry upon the Register and upon the issue document of title, if produced to him for that purpose:
Provided that the Registrar shall require notice of the application to register the same be served upon all persons interested under the sublease or, failing such notices, shall give at least one month's notice of the application by publication in the Gazette before making any entry on the Register.
(2) The estate of the sublessee shall thereupon cease and determine, but without releasing him from liability in respect of breach or non-observance of any covenant or condition in the sublease contained or implied.
(1) Whenever a proprietor, charge or sub-lessee shall die, become bankrupt or be declared mentally disordered, the representative of such person shall present to the Registrar in Form N in the First Schedule a written application to be registered as proprietor, chargee of sublessee, together with the issue document of title and such other documents as may be necessary, and the original and a certified copy of the certificate of representation, or other satisfactory proof that he is legally entitled to be registered as proprietor, chargee or sub-lessee, as the case may be. The Registrar shall thereupon make on the Register and issue document of title and, in the case of a chargee or sub-lessee, upon the memorandum of charge or sub-lease, appropriate entries showing the nature of the certificate of representation and the circumstances under which the application became entitled to be registered, and shall register him as proprietor, chargee or sub-lessee accordingly.
(2) Before registering any person as representative of any deceased person, the Registrar shall satisfy himself that estate duty has been paid or that satisfactory arrangements therefor have otherwise been made.
(3) Upon the death of any co-proprietor not being a trustee, his undevided share shall devolve upon his representative and not upon the surviving co- proprietor or co-proprietors.
(4) Upon the registration being made pursuant to subsection (1), the representative shall hold the land, charge or sub-lease subject to all equities affecting the same but, for the purpose of any dealing therewith, shall be deemed to be absolute proprietor thereof:
Provided that no charge or sublease executed by the representative of a deceased person shall be registered unless it has been consented to by a Probate Officer, as defined by the Administration of Estates Ordinance [Cap. 80 1948 Edition], or has been made under the authority of an order of a court of competent jurisdiction.
170. Change of name.
Upon the production of proof of the marriage of a female registered proprietor of any land, charge or sublease under this code, or upon proof of the change of name of any proprietor, the Registrar shall, upon the written application of the proprietor, make appropriate entries on the Register and on the other documents of title to evidence the marriage or change of name.
171. Vesting orders of court.
Where the vesting of any land or estate or interest therein in any person has been made pursuant to an order of a court of competent jurisdiction or under any written law in force in the Federation or any part thereof, the person who is entitled to the land or estate or interest therein may, subject to subsection (3) lodge an application in Form N (1) in the First Schedule with the Registrar to give effect thereto:
Provided that no Order of the Court vesting of any land or estate or interest therein in such person shall effect such land or estate or interest therein until it has been registered pursuant to this section.
(2) The Registrar shall, upon receipt of the application lodged under subsection (1) and upon being satisfied that the necessary stamp duty has been paid, make an appropriate entry in the Register, the document of title and such other documents as may be necessary that the land or estate or interest therein has been vested in the applicant without being concerned to inquire into its regularity or validity, and upon that entry being made, the land or estate or interest therein shall be vested in the applicant (subject to such subsisting charges, caveats, covenants, conditions or restrictions, if any, as may be binding on the applicant ) on the date of the entry of the Register. The Registrar shall also record the like particulars on the relevant document of title, charge, caveat, or other instruments submitted or affected thereby. The instruments so entered in the book of the registry shall thereupon be as valid and effectual as if they have been registered in accordance with Part VII.
(3) The applicant shall, when applying to the Registrar under subsection (1), submit to the Registrar-
(a) the relevant legislation to which the application is founded on;
(b) the relevant document of title of the land affected;
(c) a certified copy of the relevant Court order vesting the land or estate or interest therein in the applicant; and
(d) any other document to prove that the applicant is legally entitled to be vested as the proprietor the land or estate or interest there.
(4) In the case of any instrument registered in accordance with this section, a certificate from the Registrar declaring the applicant to have been so vested and registered as proprietor of the land or estate or interest therein or as a person named in the instrument, charge or caveat registered, shall be conclusive proof of the registration.
[Subs. by Cap. A17]
172. Production of Certificate of Transmission by Probate Officer.
Upon production to him of a certificate of transmission lawfully issued by a Probate Officer pursuant to the provisions of the Administration of Estates Ordinance [Cap.80 1948 Ed], whereby any land or an estate or interest therein is vested in any person, the Registrar shall make appropriate entries on the Register and on the relative documents of title to give effect to the said certificate and, until such entries have been made, the certificate shall have no effect in vesting or transferring the said land or the estate or interest.
173. Caveat against dealing.
(a) claiming to be entitled to or to be beneficially interested in any land, estate or interest under this code by virtue of any unregistered agreement or other instrument or transmission, or of any trust express or implied or otherwise howsoever, or by virtue of a licence issued pursuant to section 65B of the Forest Ordinance [Cap. 126 1958 Ed] for the establishment of a planted forest;
[Am. by Cap. A42]
(b) who is a guardian of the property of an infant beneficially interested in any land or any estate or interest therein; or
(c) transferring any estate or interest under this code to any other person to be held in trust. may at any time lodge with the Registrar a caveat in Form O in the First Schedule.
174. Particulars to be stated.
(1) Every caveat shall be signed by the caveator, or by his attorney or agent, and shall state with sufficient certainty the nature of the estate or interest claimed by the caveator and how it is derived from the proprietor. It shall also appoint a place, or give an address, within sarawak at or to which notices and proceedings relating to the caveat may be served or addressed.
(2) Every caveat shall be entered upon the Register as of the date and hour of the reception thereof by the Registrar.
175. Effect of caveat.
So long as a caveat remains in force, the Registrar shall not make any entry on the Register having the effect of charging, transferring or otherwise affecting the estate or interest in respect of which the caveat may have been lodged:
Provided that nothing herein shall prevent the completion of the registration of a dealing which has been accepted for registration before the receipt of the caveat or the registration of a dealing expressed to be subject to the rights of the caveator and to the registration of which the caveator has given his written consent.
176. Notice of caveat to be given.
Upon the receipt of any caveat, the Registrar shall give notice thereof to the proprietor of the estate or interest against which the caveat has been lodged.
177. Procedure for removal.
(1) Any registered proprietor or any other person having a registered estate or interest in the estate or interest against which a caveat has been lodged, may at any time, if he thinks fit, apply to the High Court for an order that the caveat be removed.
(2) The Court, upon proof that notice of such application has been duly served, may make such order in the premises, either ex parte or otherwise, as in the circumstances seems just.
178. Lapse of caveat.
Except in the case of a caveat lodged by the Registrar in exercise of the powers conferred upon him by this code and a caveat lodged by virtue of a licence issued pursuant to section 65B of the Forest Ordinance [Cap. 126 1958 Ed.] for the establishment of a planted forest, every caveat shall, upon the expiration of three months after notice given to the caveator that application has been made for the registration of any instrument affecting the land, estate or interest, be deemed to have lapsed as to that land, estate or interest, or so much thereof as is referred to in the notice, unless notice is within the said period of three months given to the Registrar that application for an order to the contrary has been made to the High Court and unless such an order is made and served on the Registrar within a further period of twenty-one days, or such extended period, if any, as the High Court, by order made prior to the expiration of the further period mentioned, may in any special circumstances allow.
[Am. by Cap. A42]
179. Person entering caveat without cause.
(1) Any person lodging any caveat without reasonable cause shall be liable to make to any person who may have sustained damage thereby such compensation as may be just.
(2) Such compensation as is referred to in subsection (1) shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat.
Any caveat may be withdrawn by the caveator or by his attorney or agent under a written authority and either as to the whole or any part of the land affected.
181. No second caveat may be entered.
When any caveat has lapsed, it shall not be lawful for the Registrar to receive any second caveat, affecting the same land, estate or interest, by the same person or in respect of the same right and for the same cause, except by order of the High Court.
182. Registrar may enter caveats.
(1) The Registrar may enter caveats for the protection of any person who is under the disability of infancy or unsoundness of mind, or is absent from sarawak, to prohibit the transfer or dealing with any estate or interest belonging or supposed to belong to any such person or on behalf of the Government to secure the interests of the Government, or the enforcement of any charitable trust, or the interests of the public, or any class or section of the public, or of any public body, and also to prohibit the dealing with any land, estate or interest in any case in which it appears to him that an error has been made in any document of title, or for the prevention of fraud or improper dealing
(2) In any case in which the Registrar is hereby authorized to enter a caveat on behalf of the Government, a caveat may also be entered by the State Attorney-General on behalf of the Government.
[Modified by Swk. L.N. 68/1964]
183. Executions, judgements and pending actions.
(1) The Registrar, on being served with a copy of a writ of execution or a judgement, decree or order of any court of competent jurisdiction and on being satisfied that an interest in land which is noted on the Register is affected thereby, shall mark on such copy the date of such service and enter a memorandum thereof on the Register, and no dealing with the interest, pursuant to such writ, judgement, decree or order shall be effected until the memorandum has been so entered.
(2) After the interest has been dealt with pursuant to any such writ, judgement, decree or order, the Registrar shall, on presentation of an instrument in the appropriate form register such instrument if presented within a period of six months from the date of service on the Registrar or within such further time as the court which issued such writ, judgement, decree or order as the case may be, may in any particular for special reason allow in which case no other instrument dealing with the interest and presented after the service of the copy but before the presentation of the first-mentioned instrument shall be registered or be deemed to be presented for registration; but, if no such instrument is presented within the period of six months or such extended period as the Court may allow, the writ, judgement, decree or order shall cease to affect the interest.
[Am. by Ord. No.3/79]
(3) Save as provided in this section and in section 184, no execution or pending action shall affect any interest in land.
(4) On the registration of transfer by way of sale pursuant to this section, the purchaser shall become the transferee and registered proprietor of the interest in all respects as if the transfer were a transfer for value by the registered proprietor.
(5) For the purposes of subsection (2) "appropriate form" includes a form provided by or under any enactment or any written law and , if no provision has been made, means the appropriate form provided by or under this code.
184. Satisfaction of writ, judgement, decree or order to be noted on Register.
Upon proof to the Registrar of the satisfaction of any writ, judgement, decree or order a copy whereof has been served in accordance with section 183(1), he shall make an entry on the Register to that effect, whereupon such writ, judgement, decree or order shall cease to affect the interest concerned.
185. Orders and provisions for rectification of the Register.
Notwithstanding the provisions of any written law other than a written law expressly excluding the operation of this section and passed into law after this code-
(a) an order for rectification of the Register made otherwise than in pursuance of section 136;
(b) a direction under section 45(5) of the Education Ordinance, 1961
[Mod. Swk. L.N.68/64]
(c) any provision in any written law that any previous register shall be rectified or amended in any way upon the happening of any event,
shall not be effectual to transfer or otherwise vest any estate or interest in land until such order or direction has been registered or, in the case of such provision as is referred to in paragraph (c), until the Registrar, upon being furnished with proof that such event has occurred, has made an appropriate entry in relation thereto in the Register.
Without prejudice to section 130 or the provisions relating to caveats, the Registrar shall not note any trust on the Register, but an order of an competent court or an instrument declaring a trust or appointing new trustees, or a certified copy thereof, may be deposited with the Registrar for safe custody and reference, and the Registrar may protect by caveat, or in such manner as he deems fit, the right of persons beneficially interested thereunder, or thereby appointed as trustees, or required to give any consent; but such instrument or copy shall not form part of the Registrar be deemed to be registered nor shall the Registrar be deemed to owe a duty to any person to concern himself therewith.
187. Stay of registration.
(1) Any person proposing to deal for value with the registered proprietor of an interest in land may, with the consent in writing of such proprietor and on stating the particulars of the proposed dealing, lodge with the Registrar an application for a stay of registration in Form P in the First Schedule.
(2) If, as shown by the Register, the proprietor is free to deal with his interest, the Registrar shall make an order certifying that the proprietor is so free and staying registration of any instrument affecting the interest for thirty days from the time specified in the order, and such order shall be affixed to the relevant issue document of title or instrument.
(3) If, within the said period of thirty days, an instrument affecting the proposed dealing is lodged for registration, such instrument shall have have priority over any other instrument lodged for registration after the commencement of the period specified in the order and shall be registered notwithstanding any caveat lodged with, or any copy of a writ of execution or of a judgement, decree or order of any court of competent jurisdiction served on, the Registrar after the time specified.
188. An attorney may deal with land.
A registered proprietor of any estate or interest in land may by power of attorney in any usual form, and either in general terms or specially, authorize and appoint any person on his behalf to execute transfer or other dealing therewith.
189. Power of attorney to be registered.
Every power of attorney intended to be used for the purpose of effecting a dealing under this code shall be presented to the Registrar and shall be registered and retained by him, unless a duplicate or attested copy thereof is furnished to the Registrar in lieu.
190. Continuance of power of attorney.
(1) Every power of attorney shall, so far as concerns any act or things done thereunder in good faith, operate and continue in force until notice of the death of the donor of the power, or until notice of other revocation thereof, has been received by the donee of the power.
(2) Every act or thing within the scope of the power, done in good faith by the donee of the power after such death or other revocation as is referred to in subsection (1) and before notice thereof has been received by him, shall be as effectual in all respects as if that death or other revocation had not happened or been made.
(3) The Registrar, before registering any instrument executed by an attorney, may require proof that the power of attorney under which the attorney purported to act was still in force at the date of the execution of the instrument.
(4) A statutory declaration by any attorney to the effect that he has not received any notice or information of the revocation of a power of attorney by death or otherwise shall be taken to be conclusive proof of the non-revocation, at the time when the act was done, in favour of all persons dealing with the donee of the power in good faith, without notice of the said death or other revocation.
191. Irrevocable power of attorney.
Where a power of attorney given for valuable consideration is in the instrument creating the power expressed to be irrevocable then in favour of a purchaser-
(a) the power shall not be revoked at any time either by anything done by the donor of the power without the concurrence of the donee or by the death, unsoundness of mind or bankruptcy of the donor; and
(b) any act done at any time by the donee of the power in pursuance of the power shall be as valid as if anything done by the donor without the concurrence of the donee or the death, unsoundness of mind or bankruptcy of the donor had not been done or had not happened.
192. Registrar not bound to produce Register without court order.
A Registrar shall not be bound to produce in any court of law or elsewhere Registrar or other document in his custody as such Registrar, or to attend before any court to give evidence as such Registrar, except by order of the High Court, which order shall not be made unless the Court is satisfied that the production is necessary and that the required evidence cannot be given by certified copy of the Register or document.
193. Preparation of instruments.
(1) At the request of the parties thereto, any transfer, charge, sublease or other instrument may, upon payment of such fees as may be prescribed, be drawn up and prepared by the Registrar or by any Government officer generally or specially authorized by the Director.
(2) The Registrar, or any other person acting under the authority of subsection (i), or the Government, shall not be liable for any defect in any instrument or other document which the Registrar or such other person has in good faith drafted or assisted in the drafting thereof.
(3) Any general authorization under subsection (1) shall be published in the Gazette and any special authorization may be given under the hand of the Director or a Deputy Director.
194. No document of title to be altered without authority.
No Government officer or other person shall make any entry or endorsement on, or alteration to, the Register or to any document of title which he is not authorized to make under this code.
195. Additional powers of Registrar.
Every Registrar in addition to the powers hereinbefore vested in him may exercise all or any of the powers following, that is to say-
(a) he may by notice require any person, having in his possession or control any grant, lease or other instrument upon which any memorial or entry is required to be endorsed for the purposes of this code, to produce that instrument within a reasonable time to be fixed by the notice and to deposit it with the Registrar for such time as may be necessary for the making of that endorsement or entry;
(b) he may, if in his opinion any document of title has become worn, defaced or mutilated so as to justify his so doing, require the holder of that document to surrender it for cancellation and upon cancellation a new document of title shall be issued to the person entitled thereto upon payment of the prescribed fee:
Provided that the Registrar may at his discretion remit that fee, except in case of wilful defacement or mutilation of any instrument;
(c) he may administer oaths or may take a statutory declaration in lieu of administering an oath.
196. Books to be kept.
In addition to the Register prescribed by section 112, a Registrar shall keep the following books-
(a) a presentation book, in which shall be entered particulars of all instrument received for registration, referring to the same by number in the order in which they are so received for registration;
(b) a personal index, in which shall be recorded the names of such classes of proprietors entered in the Register as may be prescribed, and the nature of their interest, and
(c) such index books as may be required to record, and give the necessary references to, the pages in the Register relating to all registered land: Provided that any index may be kept in the pages of a book bound together or unbound, or upon cards regularly arranged.
197. Compensation for loss.
Any person who is deprived of any land, or of any estate or interest therein, by reason of any of the provisions relating to indefeasibility contained in sections 132, 133 and 134 and who is by reason thereof barred from bringing an action against the registered proprietor for possession, or other action for the recovery of that land, estate or interest, may bring an action against the Government for recovery of damages.
[Am. Reprint Commissioner]
198. Notice of action to be served on State Attorney-General.
(1) Notice in writing of every action against the Government, and of the cause thereof, and of the amount claimed, shall be served upon the State Attorney- General and also upon the Director one month at least before the commencement of the action.
[Modified by Swk. L.N. 68/1964].
(2) If these officers concur that the claim ought to be admitted as to the whole, or any part thereof, without action and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid by the Government in whole or in part to the person entitle thereto in accordance with the certificate.
199. Recovery of compensation.
(1) Where any sum of money has been lawfully paid by the Government as compensation for any loss suffered by any person, the amount of that compensation, together will all costs incurred in contesting or defending any claim or action in relation thereto, shall be deemed a debt due to the Government from the person legally responsible for the fraud, misrepresentation or other cause whereby the loss was suffered, and may be recovered from him or from his personal representatives in like manner as any other debt due to the Government.
(2) A certificate purporting to be under the hand of the State Financial Secretary that any such sum has been paid under subsection (1) shall, until the contrary is proved, be evidence that such payment was made as aforesaid.
[Modified by Swk. L.N. 68/1964]
200. Government not liable in certain cases.
Notwithstanding that effect may have been given to the same by entry on the Register, the Government shall not under any circumstances be liable for compensation for any loss, damage or deprivation occasioned by any of the following things-
(a) by the breach by a registered proprietor of any trust;
(b) by the same land having been included in two or more documents of title;
(c) by the improper use of the seal of any corporation or company;
(d) by the registration of any instrument executed by any person under any legal disability, unless the fact of that disability was disclosed on the instrument by virtue of which that person was registered as proprietor;
(e) by the improper exercise of any power of sale or re-entry;
(f) by an amendment of a plan which is not accompanied by a shifting of boundary marks on the ground.
201. Measure of damages.
No person shall, as against the Government, be entitled to recover any greater amount for compensation in respect of the loss or deprivation of any land, or any estate or interest therein, than the value of that land, estate or interest at the time of that deprivation, together with the value of the permanent buildings arected thereon and any improvements made thereto prior to the time of that deprivation, with interest at the rate of five per cent per year to the date of the judgement recovered.
202. Limitation of actions.
No action for recovery of damages as aforesaid shall lie or be sustained against the Government unless the action is commenced within a period of three years from the date when the right to bring the action accrued:
Provided that any person under the disability of infancy or unsoundness of mind may bring such an action within three years from the date upon which the disability ceased.
203. Appeal from decision of Registrar.
If the Registrar refuses to perform any act or duty which he is hereby required or empowered to perform under this code, or if the proprietor or other claimant to any land, estate or interest is dissatisfied with the direction or decision of the Registrar in respect of any matter or thing under this code, the person deeming himself aggrieved may require the Registrar to set forth in writing the grounds of his refusal, direction or decision.
204. Notice to Registrar of appeal.
Any such person may, if he thinks fit, call upon the Registrar to appear before the High Court to substantiate and uphold the grounds of such refusal, direction or decision by a notice served upon the Registrar fourteen clear days, at least, before the date appointed for the hearing.
205(1). Hearing of appeal.
Upon the hearing by the High Court of any proceeding under sections 203 and 204, the Court shall make such order in the premises as the circumstances of the case may require, and such order shall be binding upon the Registrar.
205(2). Expenses of appeal.
All expenses attendant upon any such proceeding shall be borne and paid by the person initiating the proceeding unless the Court orders that the same be paid out of public funds.
In the conduct of actions and proceedings under this Part in any court, the same rules shall apply, and there shall be the same rights of appeal, as are in force or exist for the time being in respect of civil proceedings in the same court.
207. Special case.
The Registrar may, by special case, submit for the decision of the *Federal Court any question arising under this Part which the State Attorney-General has, by certificate under his hand, certified as appearing to him to require such a decision, and the *Federal Court shall give its judgement thereon as if the question had been raised in due form upon an appeal from a decision in the High Court.
[Modified by Swk. L.N. 68/1964].
*See court of Judicature Act 1964 [Act 91] as amended by Act A886. see Also Act A885.
208. Methods of effecting service.
(1) Any notice required or authorized by this Part to be served upon any person shall be delivered to that person and may be delivered to him either personally or to his wife or husband, as the case may be, or to any adult member of his family residing with him. If his address in sarawak is known and there be postal communication with such place, any such notice may be served by posting it by registered letter addressed to that person at the known address.
(2) In the case of natives, if service by personal delivery is impracticable, the notice may be served by posting it by registered letter addressed to, or by personal service upon, the Penghulu, Tua Kampong or Headman of the community or section of any community to which the native concerned was last known to belong.
(3) If the person is absent from sarawak, the notice may be delivered as aforesaid to his agent in sarawak. If he is deceased the notice may be delivered as aforesaid to his personal representative.
(4) If the person is not known, or is absent from sarawak and has no known agent in sarawak, or is deceased and has no personal representative, the notice shall be delivered in such manner as may be directed by an order of a court of competent jurisdiction.
(5) If service in accordance with the provisions of subsection (1), (2), (3) or (4) is impracticable, notice may be given by a notification in the Gazette, followed by another insertion of the notice in the next ensuing publication thereof, and any such notices may be consolidated in one or more notifications in such form as may be deemed fit.
(6) Notwithstanding anything in this section, a court of competent jurisdiction may in any case make an order directing the manner in which any notice is to be delivered or dispensing with the delivery thereof.
209. Unlawful occupation, cultivation, clearing, etc., of State land.
(1) Any person who, without lawful authority-
(a) occupies, or erects any building on, any State land; or
(b) clears, ploughs, digs, encloses or cultivates any such land or part thereof,
shall be guilty of an offence: Penalty, in the case of a first offence, a fine of one thousand ringgit and, for a second or subsequent offences, imprisonment for two years and a fine of five thousand ringgit.
[Am. by Cap. 50]
(1A) Any person who aids and abets the commission of an offence under section 32A or subsection (1) shall be guilty of the like offence.
[Subs. Ord. No.3 3/79]
(2) A person shall be deemed to have committed an offence under subsection (1) if it is proved that he has asserted or attempted to assert any right or privilege over State land, or over any land deemed to be State land for the purposes of this code, and is unable to satisfy the court that he is by law entitled to assert such right or privilege.
(3) When a conviction has been recorded under subsection (1), the court shall, if application is made to it in that behalf by or on behalf of the Superintendent, issue a warrant addressed to all police officers requiring them forthwith to dispossesses 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 other immovable property, if any, upon and affixed thereto; and the persons to whom such warrant is addressed shall forthwith carry the same into execution, and any police officer into whose hands the same may come shall proceed forthwith to carry such warrant into execution.
(4) When a conviction has been recorded under subsection (1), the court may, upon application by or on behalf of the Superintendent, inquire into and assess any material damage effected to the Government land unlawfully occupied and may, in addition to imposing a fine, order the same to be paid to the Superintendent on behalf of the Government together with the expense incurred in any survey which was, in the opinion of the court, necessary to establish unlawful occupation, or the extent thereof.
(5) An application under subsection (3) or (4) may be made without further process if made before the court recording a conviction under subsection (1) adjourns but, if not so made, shall be made by summons returnable before the court, and the court shall make no further order unless proof of the service of such summons upon the person convicted is forthcoming.
(6) For the purposes of this Part-
"State land" shall include all land held by or on behalf of the Federal or State Government or a public authority or a statutory authority.
[Ins. by Ord. No.3/79]
209A. Power of arrest.
(1) Any officer empowered by the Director by notification in the Gazette may without warrant arrest any person found committing or attempting to commit or abetting the commission of an offence under section 32A or 209.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person so arrested to the officer in charge of the nearest police station or, if the offence is compoundable under section 209F, to an officer empowered under that section to accept compensation.
Provided that, in the latter case, if the person arrested refuses to compound the alleged offence, he shall forthwith be sent to the officer in charge of the nearest police station, and the Criminal Procedure code [F.M.S Cap. 6] shall apply to a person so arrested.
[Ins. by Ord. No.3/79
209B. Power of eviction, seizure, etc.
(1) When there is reason to believe that an offence against section 32A or section 209(1) has been committed, any officer duly authorized by the Director may-
[Am. by Cap. A68]
(a) remove from any land any person whom he has reason to believe to be committing the offence;
(b) detain or seize any vehicle, tractor, agricultural implements or other things whatsoever which he has reason to believe was used or is being used in the commission of the offence; and
[Am. by Cap. A68]
(c) demolish or remove any building, or take possession in the name of the Government, of any land together with all buildings, crops growing thereon and other immovable property, if any, upon and affixed thereon.
(2) When an officer exercises his power of arrest, eviction or seizure under section 209A or subsection (1), he shall declare his office or authority to any person against whom he is acting.
(3) Every officer in the exercise of the powers conferred under section 209A or subsection (1) may call upon any police officer for assistance and it shall be the duty of every police officer to comply with such request.
(4) Whenever anything is seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner, if known, of such thing, either by delivering such notice to him personally or by post or at his place of abode, if known:
Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, as the case may be.
[Ins. by Ord. No.3/79]
209C. Custody and delivery of things seized.
Where an officer has seized anything in exercise of his powers under section 209B, he shall place on such property or thing a mark indicating that it has been seized and shall, without undue delay, make a report of such seizure to a Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, in any case where such property has been seized in connection with an offence dealt with under section 209F or committed by some person unknown or who cannot be found, it shall not be necessary to report to a Magistrate the seizure thereof.
[Ins. by Ord. No.3/79]
209D. Forfeiture of things seized.
(1) All things seized in exercise of the powers conferred by section 209B(1) shall be liable to forfeiture.
(2) Where anything has been seized under section 209B(1), the seizing officer may, at his discretion, temporarily return such things to the owner of the same on security being furnished to the satisfaction of the seizing officer that such things shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(3) An order for the forfeiture or for the release of anything seized in exercise of the powers conferred under section 209B(1) shall be made by the court before which the prosecution with regard thereof has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that an offence under section 32A or 209 has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence.
(4) If there be no prosecution with regard to anything seized in exercise of the powers under that subsection, such things shall be taken and deemed to be forfeited at the expiration of three months from the date of seizure unless before that a claim thereto is made in the following manner-
(a) any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the Superintendent in whose possession such things is held that he claims the same;
(b) in receipt of such notice the Superintendent shall refer the claim to the Court of a Magistrate of the First Class* for decision;
(c) the Court of a Magistrate of the First Class* to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom is was seized to appear before the court and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under section 32A or 209 has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order its release.
(5) All things forfeited or deemed to be forfeited shall be delivered to the Superintendent and shall be disposed of in accordance with the direction of the Director.
(6) Where anything seized in exercise of the powers conferred under section 209B(1) is of perishable nature or where the custody of such things involves unreasonable expense and inconvenience, the Director may direct that such things be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.
[Ins. by Ord. No.3/79]
*Now see also section 3 and 111 of the Subordinate Courts Act 1948 [Act 92].
209E. No cost or damage from seizure to be recoverable.
No person shall in any proceedings before any court in respect of the seizure of anything seized in exercise or the purported exercise of the powers conferred undr section 209B be entitled to the costs of such proceedings or to any damage or other relief arising in consequence of any act done under section 209B or 209D unless such seizure was made without reasonable or probable cause.
[Ins. by Ord. No.3/79]
209F. Power to compound offences.
(1) The Director, and any other officer duly authorized by the Director by notification in the Gazette, may, subject to the rules made under section 213(1)(dd) accept from any person who is reasonably suspected of having committed an offence under, other than an offence under Part X, this code or any rules made thereunder-
[Am. by A119]
(a) a sum of money not exceeding two-third of the fine stipulated for the offence; and
(b) a sum equivalent to-
(i) any royalty, fee, premium or other levy due and payable under this code, to the Government at the time of the commission of the offence; and
(ii) any expense incurred or damage suffered by the Government by reason of the offence committed by that person, such expense or damage shall be assessed by the Director.
(1A) The Secretary of the State Planning Authority or any officer duly authorized by him by notification in the Gazette may compound an officer under Part X of this code in the manner and in accordance with the provisions laid out by this section.
[Ins. by A119
(2) Where any property has been seized and is liable to forfeiture as provided in this Part, the officer compounding the offence may release such property:
Provided that the said officer may, prior to the release of the property, require the owner thereof to pay an amount equivalent to the value thereof, as assessed by the Director or any officer duly authorized by him.
[Subs. by Cap. A68]
(3) On the payment of such sum of money or such value or both, as the case may be, the person reasonable suspected of committing the offence shall be discharged, the property, if any shall be released and no further proceedings shall be taken against such person or property.
(4) All sums of money received under this section as compensation or in respect of property forfeited under section 209D shall be credited to the Consolidated Fund of sarawak.
(5) Any power vested in any officer by notification under subsection (1) may, at any time, be withdrawn by the Director by notification in the Gazette.
[Ins. by Ord. No.3/79; Subs. Cap A50; Am. by Cap A61]
210. Miscellaneous offences.
No person shall-
(a) fraudulently procure, or assist in fraudulently procuring, any document of title or other instrument, or any entry in the Register, or any erasure or alteration in any entry in the Register, or any erasure or alteration in any entry in the Register or in any document of title or other instrument;
(b) fraudulently alter, add to, erase, deface or destroy any Register, document of title or other instrument, or any entry in the Register;
(c) forge, or procure to be forged, or assist in the forging of, the seal of any Registrar or the name, signature and handwriting of any Registrar or other officer, in cases where the Registrar or other officer is expressly or impliedly authorized to affix his seal or signature.
(d) use, with intent to defraud any person, any document upon which any impression of any seal of any Registrar has been forged, knowing the same to have been forged, or any document the signature to which has been forged, knowing the same to have been forged;
(e) knowingly or wilfully or recklessly make or submit to any person referred to in section 3(1) or to any officer of the Department of Lands and Surveys, any declaration (whether on oath or otherwise), representation, statement or claim which is false or contain particulars which are false, concerning any matter or procedure made, to be done or complied with or to be submitted in pursuance of this code; and
(f) erect, use, maintain or allow to operate any communication tower on any land or building unless the erection, use and the maintaining or continued operation of such towers have been approved by the State Planning Authority;
Penalty, imprisonment for five years and a fine of one hundred thousand ringgit.
[Ins. by Penalty Am. A95]
211. Penalty for carelessly destroying.
Whoever shall carelessly destroy, mutilate, deface or lose any Register or document of title, or any registered instrument, or shall carelessly allow any such Register, document of title or instrument to be destroyed, mutilated, defaced or lost, whilst in his custody or safe-keeping, shall be guilty of an offence: Penalty, imprisonment for six months and a fine of one thousand ringgit.
211A. Penalty: continuing offence.
Where provisions is made by or under this code for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence shall fix a reasonable period from the date of conviction for compliance by the defendant with any direction given by the courtand , here a court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
[Ins. by Ord. No. 8/88]
211C. Who may prosecute.
Prosecutions of any offence under this code or any rules made thereunder may be conducted by the Public Prosecutor or any person duly authorized by him under section 377(b) of the Criminal Procedure code [F.M. S. Cap 6].
[Ins. by Cap. A50; Subs. by Cap A59]
(1) Whenever it is provided by this code, or by any rules made thereunder, that any dispute or matter shall be referred to arbitration in accordance with this section, or that any person may require that it be so referred, or words having a similar meaning are used, it shall be the duty of the Director, Superintendent or other public officer, as the case may be, acting under the provisions of this code or of any such rule, in this section referred to as "the Government side', to prepare and submit to the *Chief Judge a brief summary of such dispute together with details of the offer made by the Government side and the estimated value of any land, or of any right or interest therein, to which the offer relates and such other particulars as the* Chief Judge may in his discretion, by any general or special direction under the hand of the Registrar of the High Court, require.
[Mod. Swk. L.N. 68/64]
(2) The Chief Judge shall in his discretion, according to the value or importance of the dispute or matter, appoint a person whoes name appears in a list published in the Gazette by the Registrar of the High Court for appointment as arbitrators under this section to act as arbitrator.
[Subs. by Cap. A50]
(3) After subsection (2) has been complied with, such dispute or matter shall be determined in like manner and with the like results, for all intents and purposes but with any necessary modifications, as if there had been a reference to a single arbitrator by consent of all parties, withing the meaning and for the purposes of the Arbitration Act 2005 [Act 646], and as if the arbitrator appointed under subsection (2) had been validly appointed under that Act.
[Am. by Cap. A50]
*See the Court of Judicature Act 1965 [Act 91] as amended by Act A886 and also Act A885 and Cap A20.
(1) The Majlis Mesyuarat Kerajaan Negeri may make rules generally for carrying out the provisions of this code and to guide the public officers charged with its administration in the exercise of their powers and duties and, in particular, such rules may be provided for-
[Am. by Ord. No. 9/76; Cap. A28]
(a) amending the Forms in the First Schedule and prescribing new Forms in respect of any matter to be done under this code and Rules;
(b) licences and permits of State land;
(c) the conditions under which Native Customary land may be occupied under permit by persons other than those entitled to the customary rights:
Provided that such rules secure that due regard is had to the rights of the persons entitled and that provision may be made for appeal against any decision taken in connection with the issue of such permits;
(d) regulating the purchase or acquisation of an estate, interest or right in any land by a foreign person, foreign company, foreign corporation or other foreign body;
(dd) the procedure and form for compounding of offences under this code;
[Am. by Ord. No.18/71; Cap. A61]
(e) the conduct and conditions of sales by auction or otherwise;
(f) fixing the tenure of grants other then grants in perpetuity and the terms on which leases of various classes of land may be issued or the conditions and mode of re-alienation of leases as provided for in section 26;
(g) the disposal by licence or otherwise of any rights reserved to the Government upon alienation;
[Am. by A136/2007; Subs. by Ord. No. 2/74]
(h) authorizing the Registrar to refuse registration of instruments he considers have been tampered with;
(i) the method of correcting mistakes in any registered instrument;
(j) the payment and remission of rent, fees or surcharges and the deferring of the payment thereof; and
[Am. by A78]
(k) the keeping of a Register of Native Rights under section 7A(2), the making of any entry therein and the conditions for registration of any native rights in the said Register;
(l) the procedure for the registration of native rights described in section 7A(1) in the Register of Native Rights and the transfer, transmission, inheritance and acquisition and other matters affecting such rights;
(m) the inspection on the Register of Native Rights and supply of extracts or details of entries therein to the public, and the fee payable in relation thereto; and
(o) the procedure for the conduct of inquiry under section 51(2) and (3).
[Ins. by A78]
(2) Such rules may provided that any specified contravention thereof shall constitute on offence any may provided for the punishment thereof by penalties not exceeding imprisonment for three months and a fine of five hunderd ringit.
(3) The rules contained in the Second Schedule shall, for all purposes including subsequent amendment thereof, be deemed to have been made under this section.
*Premia, Rents and Fees Rules (Vol. VIII, 1958, p.173. Am G.N.S.149/60, 234/61 & Swk L.N. 136/71, 102/98)
Save in so far as any provision thereof is inconsistent with the provisions of any other Part or of any rule concerning notices, section 208 (which provides for the methods of effecting service of notices) shall apply also to any notice which may be required to be given under any Part or under any rules.
(1) Every instrument executed for the purpose of transferring, charging or affecting any estate or interest under this code, shall be signed by the parties thereto and shall be attested in accordance with the following provisions-
(a) if executed within sarawak, it shall be attested by a Superintendent, a Registrar or any person generally or specially authorized by the Director;
(b) if executed in any part of Malaysia other than sarawak, it shall be attested by a Notary Public, a Registrar appointed under the National land code or a Magistrate;
[Subs. by Ord. 18/71]
(c) if executed in the United Kingdom or any part of the Commenwealth outside Malaysia, it shall be attested by a Notary Public, a Commissioner of Oaths, a Magistrate or by a Commonwealth Representatives;
[Mod. Swk. L.N.68/64]
(d) if executed in any other country, it shall be attested by a Commonwealth Representative, exercising his functions in that country, and be sealed with his seal of office, if any, or by an attesting witness who has appeared before any such Commonwealth Representative and made a declaration endorsed on the instrument as to its due execution, or in such other manner as may be prescribed.
(2) In this section "Commonwealth Representative" means an Ambassador, High Commissioner, Minister, Charge d'Affairs, Consular Officer or Trade Commissioner, and includes any person lawfully acting for any such officer, and also includes any diplomatic secretary or the staff of any such Ambassador, High Commissioner, Minister or Charge d'Affairs.
(3) Any general authorization under paragraph (a) of subsection (1) shall be published in the Gazette and any special authorization shall be given under the hand of the Director or Deputy Director.
216. Corporation may execute under seal.
A corporation may execute an instrument by affixing thereto the common seal of the corporation or by an attorney appointed under the common seal, and any such seal fixed to any instrument shall be sufficient proof of the Registrar that the same was affixed under proper authority, and that the instrument is binding on the corporation.
217. Variation in forms.
Any variation from any of the Forms set out in the First Schedule, not being in the matter of substance, shall not affect their validity or regularity, but they may be used with such alteration as the character of the parties or circumstances of the case render necessary.
218. Legal representatives.
In any form under this code, the description of any person as proprietor, transferor, transferee, chargor, chargee, lessor, lessee or sublessee, or as trustee, or as having or taking any estate or interest in any land, shall be deemed to include the heirs, executors and administrators and assigns of that person.
219. Implied covenants.
Any covenant, power, condition or agreement implied under this code shall have the same force and effect as if it has been set out at length in the instrument wherein it is implied, and any such covenant, power, condition or agreement may be negatived, varied or extended.
220. Instrument remaining on old registers under former Land Ordinance and subsequent instrument and entries.
(1) Any document of title duly registered under the provisions of the former land Ordinance [Cap. 27 1948 Edition] and not brought on to the Register under section 112(3) or (4) shall, subject to the other provisions of this code, have the same force, effect and protection as if this code had not been passed.
(2) Subsection (1) shall apply also to documents of title issued, and to entries made, after the 1st day of January, 1958, unless and until they have been registered in the Register pursuant to section 112 (3) or (4).
221. In cases where a registration should not form part of the Register the Registrar shall enter a caveat and give notice of the effect thereof.
(1) In any case in which it appears to the Registrar that the registration of any estate or interest in land, or any previous register or any entry relating thereto, should not form part of the Register by virtue of section 112(6), he shall enter a caveat prohibiting any dealing with, and any registration against, that estate or interest.
(2) The Registrar shall by notice in the Gazette, and also by notices posted on or near the land to which the notice relates, in such languages as he may consider appropriate state-
(a) that such caveat as is mentioned in subsection (1) has been entered; and
(b) that, if such caveat remains on the previous register for more than a year from the date upon which it was entered, the registration in the previous register which lead to the entering of the caveat shall be cancelled.
222. The Registrar shall also enter a caveat and give notice stating the effect thereof if a registration has been included in the Register in contravention of section 112(6).
223. Cancellation of registration upon expiry of period stated in notice or of any extended period.
(1) Subject to this section and of sections 224 to 226 inclusive, if, upon the expiration of the period mentioned in section 221(2)(b) or the period mentioned in the notice referred to in section 222, the caveat mentioned in section 221 or 222 has not been removed from the register, the Registrar shall cancel from the previous register or from the Register, as the case may be, the registration in respect of which the caveat was entered.
(2) Notwithstanding subsection (1), if, prior to the expiry of the respective periods therein mentioned-
(a) a competent court orders that such period be extended; or
(b) the Registrar, upon application made to him by any party interested, considers that either of the periods mentioned in subsection (1) should for any cause which he may deem sufficient be extended.
then, subject as hereinafter provided-
(i) if paragraph (a) applies, the order of the court shall have effect; or
(ii) if paragraph (b) applies, the Registrar may as often as he may consider expedient grant a further extension:
Provided that the aggregate period comprised by the original period and any extension ordered or granted shall not by virtue of this section exceed-
(a) in the case of section 221, three years; or
(b) in the case of section 222, eighteen months.
224. Jurisdiction and powers of Court after entry of a caveat under section 221 or 222.
(1) If a caveat has been entered under section 221 or 222, the High Court shall have jurisdiction, upon application by any party interested in obtaining such relief, to make such order or orders as in its judgement is or are necessary to enable justice to be done.
(2) Without prejudice to the generality of subsection (1), the High Court shall have power to make an order-
(a) declaring that the registration of any estate, interested or entry, in respect of which the caveat has been entered, may lawfully form part of the Register;
(b) that the registration of any estate or interest or any entry should not be cancelled from the Register;
(c) vesting any estate or interest in the person who in its judgement is, or would if the necessary relief were granted by the Court be, entitled thereto;
(d) appointing new or additional trustees of any trust express or implied;
(e) declaring what duties, taxes or other charges require to be paid to the Government before any registration should be included in the Register in the names of such person as may be specified in the order;
(f) directing the Registrar to refrain from taking any course he proposes to take; and
(g) granting any relief consequential upon any order made by the Court.
(3) Any application under this section may be made by summons, which shall be served upon the Registrar and upon such other persons as the Court may direct.
(4) The Court shall have power to make such order as to costs as it may consider just in all the circumstances of the case.
(5) For the purposes of this section and of section 223, the expression "any party interested" includes any person claiming under a person who would have a right to apply for the removal of the caveat under section 177 and , in the case of the subsistence of any charitable trust in any case of the subsistence of any charitable trust in any registered estate or interest, includes the trustees and beficiaries under such trust and the State Attorney-General.
[Modified by Swk. L.N. 68/1964.]
225. Withdrawal of caveat and effect thereof.
(1) The Registrar-
(a) may of his own motion withdraw any caveat entered under section 221 or 222 if he is satisfied by such evidence as he may deem sufficient-
(i) that it should not have been entered; or
(ii) that a registration may now lawfully be made in lieu of the registration in respect of which the caveat was entered; and
(b) shall withdraw the caveat if he is ordered to do so by a competent court.
(2) Upon the withdrawal of any caveat entered under section 221, the Registrar shall, if the previous register was a register under the former land Settlement Ordinance [Cap. 28. 1948 Edition], include in the Register the registration in respect of which the caveat was entered and any registration previously excluded by virtue thereof; and, if the previous register was a register kept under the former land Ordinance [Cap. 27 1948 Edition], the question, if and so far and when it arises, to whether any registration should form part of the Register, otherwise than by virtue of section 112(2), shall be dealt with and resolved in like manner as it would have been dealt with and resolved if the caveat had not been entered:
Provided that account shall be taken of any order made by a competent court and of any transaction or matter, including the furnishing of any particulars or other evidence ensuing after the entry of the caveat and account of which may lawfully be taken by the Registrar.
226. Saving for powers conferred by Part V.
Nothing in sections 221 to 225 inclusive, or in section 112(6), shall be deemed to preclude the Director from issuing under section 84 a Settlement Notification affecting land, the registration of an estate or interest or entry in, or relating to, which has led to the entering of a caveat under section 221 or 222 but, in any such case, section 86(1) shall not be deemed to prohibit any application under section 224.
In this Part-
"develop" or "development" means to carry out any building, engineering, or other operations in, on, over or under any land, or the making of any material change in the use of any building or land:
Provided that the following operations or uses of land shall not be deemed for the purposes of this Part to involve development of land:
(a) the carrying out of works for the maintenance, improvements, or other alteration of a building which do not materially affect the external appearance or the floor area of the building.
(b) the carrying out by any statutory authority of any works required for the maintenance or improvement of a street being works carried out on land within the boundaries of the street;
(c) the carrying out by any statutory authority of any works for the purpose of laying, inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
(d) the use of any existing building or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such;
(e) the use of any land for the purpose of agriculture or forestry (including afforestation), and the use for any of those purposes of any building occupied together with the land so used; and
for the avoidance of doubt it is hereby declared that for the purposes of this Part, the following circumstances shall also constitute material change of use or development:
(i) the use as two or more separate houses of any building or any part thereof, previously used as a single house;
(ii) the use as a dwelling house of any building not originally constructed for human habitation;
(iii) the use for other purposes of a building or part of a building originally constructed as a dwelling house;
(iv) the demolition of, reconstruction of or addition to a building;
(v) the alteration in a material degree, to the features or colour scheme or external appearance of a commercial building or a row of shophouses, including but not limited to, the installation of air conditioning plant or equipment, water storage tank or telecommunication equipment and communications towers;
[Am. by A95]
(vi) the use for the display of advertisement of any external part of a building which is not normally used for that purpose;
(vii) the erection of any communication towers, religious or cultural purposes on land or building which is not intended for that purpose;
[Am. by A95]
(viii) the use of land for the deposit of refuse or waste material notwithstanding that the land is comprised of a site already used for that purpose, if the superficial area or the height of the deposit is thereby extended; and
(ix) the removal of rock material to an extent that results in significant alteration to the topography of the land;
"engineering plan" means the plan for work required by the State Planning Authority under section 232(2), to be undertaken for the provision of roads,drains, footpaths, bridges, car parking spaces, public utilities and other facilities, and reserves, and the term "engineering works" refers to such works;
"local plan" shall consists of-
(a) a written statement formulating in such details as the State Planning Authority thinks appropriate for the proposed development and other use of land in a particular area, or for any description of development or other use of such land,in that area, including such measures as the Authority thinks fit for the improvement of the physical environment and the management of traffic;
(b) a map or plan showing the proposal for development or land use for the area; and
(c) such diagram, illustrations or other descriptive matter as the Authority thinks appropriate to explain or illustrate the proposal in the plan;
"qualified person" means any person whom the State Planning Authority shall certify in writing as a person having the requisite professional qualifications or experience to perpare and submit plans for the sub-division or development of land;
"structure plan" shall consists of-
(a) a written statement formulating the policy and general proposals of the State Planning Authority in respect of the development and other use of land of a town, city or region including measures for the improvement of physical environment and management of traffic;
(b) a map or plan showing the general proposal for development or land use for the area intended to be covered by the plan; and
(c) such illustrations or other descriptive matter as the Authority thinks appropriate to explain or illustrate the general proposal in the plan;
(a) the application to a Superintendent for the issue of a document of title to any part of any land comprised in one document of title, or for the partition of any land into two or more parcels;
(b) the consolidation or amalgamation in one document of title of the areas comprised in two or more subsisting documents of title;
(c) the delineation on a plan, or the demarcation on the site, of any part or parts of any land with a view to the sale of such part or parts;
(d) the disposal by the owner by way of sale of any specified part less than the whole of any land comprised in one document of title; or
(e) the laying out or making of any road, footpath, drain or access-way, or the grant or reservation of any right of way over any land.
228. Establishment of State Planning Authority.
(1) There shall be established a State Planning Authority consisting of the following members:
(a) the Minister, as Chairman;
(b) the State Secretary, as Deputy Chairman;
(c) the Permanent Secretary to the Ministry for Resource Planning;
(d) the Director of Lands and Surveys; and
(e) not more than three other members of whom two shall be public officers (whose public duties are relevant to assist the State Planning Authority in the discharge of its functions), to be appointed by the Minister.
(2) The Permanent Secretary to the Ministry for Resource Planning shall also be the Secretary of the State Planning Authority;
(3) A members of the State Planning Authority appointed under subsection (1)(e) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period as may be specified in his instrument of appointment but shall be eligible for re-appointment.
(4) The Chairman or the Deputy Chairman and two other members shall constitute a quorum for any meeting of the State Planning Authority.
(5) The State Planning Authority shall regulate its own procedures and proceedings.
(6) No decision, act or action made or taken by the State Planning Authority shall be invalidated by reason of any vacancy in its membership or on account of the invalidity of the appointment of any of its members.
229. Functions of the State Planning Authority.
(1) The functions of the State Planning Authority shall be-
(a) to plan regulate and control the development and use of all lands and buildings;
(b) to consider and approve, subject to such terms and conditions as it may deem fit to impose, plan for the sub-division and development of the land;
(c) to determine the location and sitting of Government buildings, public utilities and facilities, and the sittings of new towns, villages and areas for settlements or resettlement of people;
(d) to formulate policies and guidelines for and to give directions to local authorities with regard to the use and development of land within their respective areas of jurisdiction, including, but not limited to, the improvement of the physical environment, the management of traffic or communications systems, and the provisions of waste and sewage systems;
[Am. by A95]
(e) to draw up or formulate policies and plans for the development and re-development of any area including the formulation of structure plan and local plan for any particular region or area of the State:
(f) to declare, by notification in the Gazette, any road in the State as a designated special road and to issue direction to any relevant government body or statutory authority in respect of the following:
(i) the maintenance and upkeep of any designated special road;
(ii) the approval of engineering, building, renovation or re-development plans for any building or structure built or to be built on any area
declared under section 11 to be a prescribed zone adjoining any designated special road;
(iii) the construction or location on or below the ground of any designated special road or within any prescribed zone adjoining any such road, of any mains, pipes, service lines, gas or water supplies or communication or telecommunication or sewerage services; and
(iv) the landscaping or beautification of any prescribed zone adjoining any designated special road;
[Ins. by A119]
(g) to perform such other functions as the Majlis Mesyuarat Kerajaan Negeri may assign to it.
(2) The State Planning Authority may, by notification published in the Gazette delegate any of its functions to any Minister or the Director or any other public officer, upon such terms and conditions and subject to such directions with regard to the exercise thereof, as may be stipulated in the instrument of delegation.
[Am. by A119]
230. Prohibition of sub-division and development without approval.
(1) Any proprietor who-
(a) sub-divides or develops his land otherwise than in accordance with a plan of sub-division approved by the State Planning Authority; or
(b) fails to comply with any requirement or condition imposed by the State Planning Authority,
shall be guilty of an offence: Penalty, a fine of five hundred thousand ringgit and, in the case of a continuing offence, a further fine of one thousand ringgit in respect of every day during which the offence continues:
[Am. by Cap A68]
Provided that no proprietor shall be deemed to commit an offence against this section by reason merely of the fact that he makes application for the issue to him of a separate document of title consolidating two or more document of title.
(2) Where the Director or any other officer has reasonable grounds to suspect that an offence under subsection (1) has been committed, the Director or any such officer may, without prejudice to any action taken against the proprietor under subsection (1), issue an order directing the proprietor--
(a) to stop all further works pertaining to any sub-division or development of the land; and
(b) to demolish any works or structure built, erected or put up which are not in compliance with a plan for sub-division approved by the the State Planning Authority or any requirement or condition imposed by the Authority.
[Subs. by Cap. A68]
(3) Any person who fails to comply with an order issued under subsection (2) shall be guilty of an offence: Penalty, a fine of five hundred thousand ringgit and imprisonment for three years.
[Am. by Cap. A68]
(4) Where the proprietor of any land fails to comply with an order issued to him under subsection 2(b) and without prejudice to any action taken against him for an offence under subsection (3), the Director or any officer duly authorised by him may enter upon the land and demolish or cause to demolish any of the works or structures referred to in the order and all costs and expenses thereby incurred shall be recoverable from the proprietor thereof.
(5) Any person who aids or abets any proprietor in the commission of an offence under subsection (1) or (3) shall be guilty of the like offence and shall be liable to the same penalty prescribed for the offence.
[Ins. by Cap A68]
231. Procedure for application for sub-division and development of land.
(1) Whenever any proprietor proposes to sub-divide land or to develop land, six copies of a plan of sub-division or development in Form Q, showing-
(a) the whole of the land proposed to be sub-divided or developed and the areas and dimensions of the sub-divisions or development proposed;
(b) all existing roads, reserves and access-ways, and land affected by any existing easements;
(c) the proposed roads, drains and location of drainage outlets and their alignments and dimensions;
(d) the proposed use, sitting and dimension of any proposed building or buildings on the land;
(e) the situation of any land to be affected by easements which it is proposed to create, and the nature of such easements;
(f) the proposed building plans, showing the sections and elevations of the proposed building or buildings to be built, except in the case of residential buildings of not more than two storeys in height; and
(g) such other details as may be required by the State Planning Authority,
shall be prepared by a qualified person on behalf of the proprietor, and signed by that qualified person and the proprietor, and submitted to the Superintendent of the Division in which such land is situate together with a copy of an extract of any document of title relating to such land and the requisite fees for such submission.
(2) (a) The Superintendent shall forward the documents referred to in subsection (1) together with his comments and such other relevent information as he deems necessary for consideration of the application, to the State Planning Authority, through the Director.
(b) The Director may provide such comments and recommendations on the application prior to the submission thereof to the State Planning Authority.
(3) The State Planning Authority may exempt any person from compliance with any requirement under subsection (1) except paragraph (g) thereof.
232. Approval for sub-division.
(1) The State Planning Authority may, if it considers that it is expedient in the interest of proper planning and overall development of the area to which the application relates-
(a) approve the plan of the proposed sub-division or development, or subject to modification or amendments thereto, and, subject to any of the conditions or requirement stipulated in subsection (2);
(b) refuse to approve the plan of sub-division or development if it is of the opinion that the land is not suitable for sub-division, or the proposed sub-division or development is not in the interest of proper planning or development of the area or not in conformity with the structure plan or local plan for the area where the land is situated;
(c) require a new plan to be prepared and submitted for its approval.
(2) Where the State Planning Authority decided to approve the sub-division or development of the land, it may require an amended plan to be submitted, and impose any or all of the following conditions or requirements, namely:
(a) to make provisions for further or other provisions for the constructions of roads, footpaths, bridges, sewers and drains, the making of reserves, and the compliance with the requirements for the protection and improvement of the physical environment;
(b) to make provisions for car parks or car parking spaces on the land or an alternative site or place to be approved by the State Planning Authority;
(c) to provide plans for the laying of water mains, electricity and telecommunication lines and facilities, to the satisfaction of the relevant authorities in charge of public utilities; and
(d) such other requirements as the State Planning Authority may impose in the interest of overall planning for the area where the land is situated.
233. Period of approval.
Any approval granted under section 232(1) shall, unless extended, lapse either:
(a) on the expiration of twenty four months from the date of the approval plan referred to in section 234(1), if, within that time, the works covered by the engineering plan referred to in section 234(2)(b) have not been commenced, or where such works are not required, the survey of the land to be undertaken under subsection (4) is not satisfactorily completed; or
(b) the development as a whole is not completed within such time as may be stipulated in the approved plan, and for the purpose of this section, a development is deemed completed when the building to be constructed in relation thereto have been certified to be completed under the Building Ordinance, 1994 [Cap. 8].
Provided that the State Planning Authority may from time to time extend such period for a term not exceeding twelve months at any one time, upon such terms and conditions as it deems fit.
234. Procedure following approval of plan.
(1) (a) As soon as practicable after the plan referred to in section 231 has been approved or any requirement or condition imposed under section 232(2), the State Planning Authority shall notify the Superintendent (with a copy of such notification to the Director) of any condition or requirement imposed under section 232(2), and the Secretary of the State Planning Authority or any other person authorised in that behalf by the Secretary shall sign the plan (which shall hereinafter be referred to as "the approved plan"). Two copies of the approved plan shall be sent to the Superintendent who, on receipt thereof, shall notify the person who submitted the plan of its approval and supply him with a copy of the approved plan.
(b) The State Planning Authority may, on application by the person who submitted the plan, revise or modify the approved plan on such terms and conditions as the Authority may deem fit and upon payment of the prescribed fees. The plan so revised or modified shall be the approved plan for the purposes of this Part.
(2) The person whose plan has been approved may thereupon submit to the Superintendent-
(a) ten copies of a sub-division plan in Form R, which shall be prepared by a qualified person and such plan must conform with the condition and requirement stipulated in the approved plan;
(b) five sets of engineering plan in Form S for the construction and completion of the roads, car parks, drains and other works stipulated in section 232(2),on the land.
(3) Upon receipt of the engineering plan referred to in subsection (2)(b), the Superintendent shall forward the same to the Director of Public Works or, if the land is within an area forming part of the area under the jurisdiction of a local authority which is a City Administration or a Municipal Council, to the Engineer of such local authority, to make such examination or investigation as the Director or other authorized person may specify, and to draw up a report of such examination or investigation and forward it to the Director who, on being satisfied with the engineering plan, will approve the same.
(4) Upon acceptance of the sub-division plan referred to in subsection (2)(a), and the approval of the engineering plan under subsection (3), the person whose plans have been approved as aforesaid, shall cause the land to be surveyed by a registered surveyor and proceed to carry out the engineering works.
(5) (a) If the Superintendent approves the survey plan prepared pursuant to subsection (4), and the Director of Public Works or the local authority having jurisdiction over the area where the land is situated, as the case may be, certifies to him that all works required to be done under the engineering plan approved under subsection (3), have been completed, he shall forward the survey plan together with the approved plan, to the Director.
(b) If the Director is satisfied that the engineering works, as carried out to the approved plan, he shall direct:
(i) the approved plan be deposited in the office of the Superintendent, and a copy thereof shall be sent by the Superintendent to the Secretary of the State Planning Authority, and such deposit shall be conclusive evidence that the subdivision indicated therein has been approved in accordance with this code; and
(ii) the superintendent to submit for his approval, terms and conditions for the surrender of any land required to be vested in the State and the grant of new titles in accordance with section 244.
(6) All survey plans deposited under subsection 5(b)(i) shall be made available at all reasonable times for the inspection of any member of the public, who may make a copy thereof or take any extract therefrom upon payment of such fee as may be prescribed by the Director.
235. Endorsement in Land Register.
The Director shall, in respect of any land affected by any approved plan and subject to section 244, make or cause to be made in the Register kept under this code, an endorsement to the effect that such land is subject to the conditions of such approved plan.
236. Compensation in respect of approved sub-division.
(1) Whenever under section 232(1) the State Planning Authority requires the proprietor to make provisions for the constructions of roads, the making of reserves or the completion to the satisfaction of the Superintendent of the work of making roads and reserves, or the provision of car parks or car parking spaces on the land or on such alternative site or place as may be approved by the State Planning Authority, the following provisions shall have effect-
(a) where the total area of the reserve to be set aside for public parks or open spaces does not exceed one-tenth of the area of the land to be sub- divided or developed, no compensation shall be payable;
(b) in so far as the area of the reserves to be set aside for public parks or open spaces exceed that fraction-
(i) compensation shall be payable by the State Government in respect of the excess to the extent to which, if at all, the value of such excess is greater than any increase in the value of the land as a result of the approval for the sub-division thereof granted by the State Planning Authority; and
(ii) such compensation may be off-set against any premium payable for the new issue of document of titles for the sub-divisional lot or lots under section 244;
(c) no compensation shall be payable in respect of-
(i) any land required to be set aside for the construction of any road, not being a road of more than twenty-five metres in width;
(ii) the cost of making any road, not being a road of more than twenty-five metres in width, required by the State Planning Authority to be made and the cost of completing such road to the satisfaction of the Director;
(iii) any land or any part thereof which was at the material date in a dangerous, ruinous, dilapidated, unsafe or unsanitary condition; or
(iv) any building the erection of which was begun after the date of coming into force of this section, unless such erection was begun and completed in accordance with a permit in writing from the local authority;
(d) for the purpose of determining the amount of compensation payable under this section, the value of any land shall, without prejudice to the provisions of paragraphs (a), (b) and (c), be deemed to be the value of the land at the date of the approval of the plan under section 232;
(e) the number of car parking spaces to be provided shall be determined having regard to the usage of the land or the building intended to be built thereon or, alternatively, the State Planning Authority may accept such amount as may be fixed by rules made under section 248 as payment in lieu of the provisions of each car parking space required.
(2) Notwithstanding subsection (1), no proprietor shall be entitled to any compensation in respect of any land which is already at the date of coming into force of this section vested in or reserved to the Government under section 38.
(3) For the purpose of this section, the expressions "open space" and "public park" shall have the same meaning as assigned to them in the Public Parks and Greens Ordinance, 1993 [Cap. 3].
237. Making of claim for compensation.
(1) Any claim for compensation shall be made by serving upon the Director a notice in writing stating the grounds of claim and the amount claimed.
(2) No claim for compensation shall be entertained, except with the consent of the Minister, unless the claim is made within six months of the date of the deposit of the survey plan under section 234(3).
238. Claim for compensation.
(1) Any question arising under this Part as to-
(a) the right of a claimant to recover compensation; or
(b) the amount and manner of payment of compensation,
shall, unless the parties concerned otherwise agree, be referred to and determined by the High Court:
Provided that the Court may on its own motion or at the request of any of the parties, if it think fit, call in the assistance of one or more persons as assessors who shall advise the Court of their opinions; but in the case of any differences of opinion, the opinion of the Court shall prevail.
(2) The Court shall cause the respective parties to appear before it and it shall be lawful for the Court to hear and determine the claim in a summary manner and, for that purpose, to examine the parties or any of them and their witnesses.
(3) The determination by the Court of a claim under this section shall be final, and the Court shall allow such costs (including the certified expenses of the assessors, if any) as it may think fit.
239. Powers of entry.
(1) Any person authorized in that behalf in writing by the Director may, on the production of such written authority, enter at all reasonable hours upon any land or building and there make such inspection, examination, investigation or survey as may be necessary for enforcing or carrying out the provisions of this Part.
(2) Every person who wilfully obstructs or interferes with any person in the lawful exercise of any power conferred by this section shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
240. Obligation to give information to Superintendent.
(1) Any Superintendent may, for any purpose arising in relation to the enforcement or carrying out of any sub-division, by notice in writing, require the proprietor or occupier of any land or building, or any person receiving, whether for himself or for another, rent out any such land or building, to state in writing and deliver, or to forward by registered post, to the Superintendent, within a specified time, not less than twenty eight days after being so required, particulars of the interest or right by virtue of which he owns or occupies such land or building or receives such rent, as the case may be, and the name and the name and address, and the interest or right (so far as known to him), of every person who to his knowledge has any interest in or right over in respect of such land or building.
(2) Every person required to make and deliver a statement under this section who wilfully makes any false statement, or fails or refuses to make such a statement, shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
241. Road when properly made up may be declared a public road.
Where the work of making any road and car parking spaces under section 232(2) has been certified by the Director who have been completed in conformity with the approved plan, the Superintendent shall accept the surrender of the land on which the road or car parking spaces are situated, and such land shall be vested in the State.
242. Avoidance of certain transactions relating sub-divisions.
Any plan, agreement , deed or instrument of any kind whatsoever whereby any sub-division contrary to the provisions of this Part is created, recognized, granted or reserved shall be deemed to be void and of no effect, and shall not be registrable under this code.
243. Power to demolish buildings erected on land.
Where any building or structure is erected on any land, after such land has been reserved or set aside for reserves or roads or car parks under this Part, the Director may order the demolition of such buildings or structure, and the materials thereof may be sold to defray the expenses incurred by the Director under this section, and in so far as such expenses are not so defrayed, they may be recovered from the person erecting such building or structure or causing such building or structure to be erected.
244. Issue of documents of title.
Subject to section 245 and in compliance with section 234(3), the proprietor of the land thereby sub-divided shall within such period as may be determined by the Superintendent, surrender his title to such land and he shall, after the land referred to in section 241has been vested in the State, be granted a new title or titles in lieu thereof for the unexpired period of the title surrendered and on the terms and conditions then usual for grants or leases of the State land, being a document or documents of title which would permit the land to be used in accordance with the conditions of the approved plan.
245. Restrictions inconsistent with approved plan.
(1) When the purposes for which any land may be used are restricted by the provisions of any written law and such restrictions are inconsistent with any conditions or requirement imposed by the State Planning Authority under this Part, such restrictions shall as regards any such land be suspended and of no effect.
(2) When the purposes for which any land may be used are restricted by conditions attached to the title thereto, and such restriction is inconsistent with any condition or requirement imposed by the State Planning Authority under this Part, the conditions attached to the title shall be deemed to have been modified or suspended accordingly.
246. Public Authorities Protection Act 1948.
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the State Planning Authority or any member thereof in respect of any act, neglect or default, done or committed by them in such capacity.
247. Protection of the Director, Permanent Secretary to the Ministry for resource Planning and State Planning Authority.
No personal liability shall attach to the Permanent Secretary to the Ministry for Resource Planning, the Director, or any member of the State Planning Authority in respect of anything done or suffered in good faith under this code, any any sums of money, damages or costs which may be recovered against the Permanent Secretary to the Ministry for Resource Planning or the Director or the State Planning Authority for anything done or suffered as aforesaid shall be paid out of the State Consolidated Fund.
247A. Delegation of powers.
A Superintendent may, with the approval of the State Planning Authority and subject to such conditions as may be imposed, delegate the exercise of any of the powers conferred upon him relating to sub-division and development of land under this Part to a local authority or any other person.
[Ins. by Cap. A61]
*(1) The State Planning Authority may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, makes rules generally for carrying out the provisions of this Part and, in particular, such rules may provide for-
(a) the regulating of legal access, road reserve widths and cross-section, road junction and pedestrian access;
(b) the regulating of car parking requirements and the provision of car parking spaces;
(c) the regulating of sub-divided lot sizes, plot coverage and plot ratios, sitting of building, building setbacks, sizes, height, lengths and widths;
(d) the regulating of residential densities;
(e) the regulating of the provision of open spaces and the design thereof;
(f) the regulating of standard affecting other types of development such as petrol service station and electrical substation;
(g) the regulating of the use of land and building;
(h) the regulating of the design and appearance of buildings;
(i) the forms and content of plans prepared for the purposes of this Part;
(j) the qualifications of persons who may prepare or submit plans for the purposes of this Part;
(k) the fees for the submission and approval of the plans by the State Planning Authority, or for the revision, variation and amendment of such plans or the modifications or variations of any conditions or requirements of approval imposed by the State Planning Authority, or for extension of the period of validity iof approved plan granted under the proviso to section 233;
(l) the rights and procedures for any appeal against any decision of the State Planning Authority;
(m) the procedures for meetings or deliberations of the State Planning Authority;
(n) the procedures in connection with claims for compensation under section 238;
(o) the principles upon which compensation is to be assessed, and the definition of the matters to be considered in or excluded from such assessment;
(p) the variation and revocation of plans approved under this Part, and the grounds and conditions upon which such variation and revocation may be made or granted;
(q) the surrender of documents of title in respect of land subject to any sub-division approved under this Part, and the issue of separate documents of title in respect thereof;
(r) the services of notices or other documents required to be served for any of the purposes of this Part or any rules made hereunder, including the prescription of the mode of service;
(s) [Deleted by Cap. A61]; and
(t) any other matters to be prescribed under this Part.
(2) Any rules made under this section may be made to apply throughout the State or to any particular area of the State.
[Ins. by Cap. A50]
(3) Such rules may provide that any specified contravention thereof shall constitute an offence and may provide for the punishment thereof by a penalty not exceeding imprisonment for three years and a fine of twenty thousand ringgit.