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Sarawak Land Code Chapter 81 (1958 Edition) [Cap 81 ]- Part 1

1. Short title.
This Ordinance may be cited as the land code.

2. Interpretation.
In this *code-
"agricultural purpose" includes the cultivation of any crop (including trees cultivated for the purpose of their produce), market gardening, and the breeding and keeping of livestock and fish but does not include ornamental gardens or ornamental ponds;
[Ins. by Ord. No. 2/74]

"alienation" means the sale, lease or other disposal by a document of title of State land by or on behalf of the Government;

"boundary marks" means any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar or other survey mark;
"building" shall have the same meaning assigned to it in the Building Ordinance, 1994 [Cap 8];

"Certificate of Representation" means-

[Ins. by Cap. A50]

(a) a grant of probate or letters of administration issued under the provisions of the Administration of Estates Ordinance [Cap. 80 1948 Ed.] or a grant of representation in terms of section 14 of that Ordinance;

(b) an adjudication order in bankruptcy; or

(c) an order of the court under which the property of a person mentally disordered becomes vested in the official assignee or any other person;
"charge" means any charge on land created under this code for securing-

(a) the re-payment of a loan or satisfaction of any existing debt;
(b) the re-payment of future advances or payment or satisfaction of any future or unascertained debt or liability contingent or otherwise;
(c) the payment to the holders for the time being of any bonds, debentures, promissory notes or other securities, negotiable or otherwise, made or issued by the chargor before or after the creation of the charge; or
(d) the payment to any person or persons by yearly or periodical payments or otherwise of any annuity, rent, charge or sum of money other than a debt;

"chargee" means the proprietor of a charge;

"chargor" means the proprietor of any estate or interest subject to a charge;

"communucations" , "network facilities" and "transmission" shall have the same meanings assigned to those expression by the Communications and Multimedia Act 1998 [Act 588];

"communication tower" means any tower, pole, structure, facility or equipment used for providing telecommunication services or as part of network facilities for telecommunications or for the transmission or reception of radio, television or satellite signals, broadcast or other media of communications; [Ins. by A95]

"community" means a group of persons subject to the same system of personal law:
Provided that if a customary law applies to different groups with divergencies in customary law each group shall constitute a separate community;

"country land" means land other than land declared to be town, suburban or land comprised in a bazaar, whether before or after the 1st day of January, 1958;

"Crown"....................see "Government";

"Crown land".............see "State land";

"customary law" means a custom or body of customs to which the law of sarawak gives effect;

"dealing" means every transfer, charge, lease or other instrument affecting any estate or interest under this code;

"Director" means the Director of Lands and Surveys and includes a Deputy Director appointed under section 3;

"document of title" means a grant, lease of State land, occupation ticket or other documents evidencing title to land whenever issued, but does not include a licence, permit or caveat;

"Government", in respect of acts or things done before the cession of sarawak, includes any Rajah of sarawak and any person lawfully authorized to act on behalf of any such Rajah, and save as aforesaid means the Government of sarawak [Mod. Swk. L.N. 68/64 and Reprint Commissioner]; "grant" means a grant of State land issued by or on behalf of the Government;

"Interior Area land" means land not falling within any of the definitions of Reserved land, Native Customary land, Native Area land or Mixed Zone land;

"issue document of titles" has the meaning assigned to it by section 117;

"instrument" means any printed or written document relating to the transfer of, or other dealing with, land, or evidencing title thereto, but does not include a caveat;

"Kampung Reserve" means any area designated under section 7(3) to be used as a kampung or extension thereof or any similar purposes, and includes any area which had been declared a Government (kampung) reserve;

"land" includes things attached to the earth or permanently fastened to anything attached to the earth;

"land comprised in a bazaar" means land which is so declared pursuant to section 11;

"lease" means a lease of State land executed by or on behalf of the Government;

"local authority" shall have the same meaning assigned to it in the Local Authorities Ordinance 1996 [Cap. 20];

[Ins. by A78]

[Subs. by Cap. A50]

"Mixed Zone land" means land which by virtue of the former land (Classification) Ordinance, 1948 [Ordinance No. 19 of 1948], and the former Dealings in land (Validation) Ordinance, 1952 [Ordinance No. 11 of 1952], or either of them, was Mixed Zone land on 1st day of January, 1958, and land which becomes Mixed Zone land by virtue of a declaration under section 4(1), or by virtue of section 4(4)(a) or by virtue of a direction under section 38(5);

"Native Area land" means land other than Mixed Zone land-
(a) held by a native under a document of title;
(b) declared to be such under a subsisting declaration made under the former land (Classification) Ordinance 1948 [Ord. No. 19/1948]
or under section 4 (2) or (3);
(c) which becomes Nativa Area land by virtue of section 4(4)(b); or
(d) which becomes Native Area land by virtue of a direction under section 38(5);
"Native Customary land" means-
(a) land in which native customary rights, whether communal or otherwise, have lawfully been created prior to the 1st day of January, 1958, and still subsist as such;
(b) land from time to time comprised in a reserve to which section 6 applies; and
(c) Interior Area land upon which native customary rights have been lawfully created pursuant to a permit under section 10;

"native rights" means rights described in section 7A(1), created by or belonging to a native over land not issued with a document of title;
[Ins. by A78] "native system of personal law" means the customary law applying to any community, being a community forming the whole or part of any native race specified in the Schedule to the Interpretation Ordinance [Cap. 1 1958 Ed.];

"non-native" means any person who is not a native of sarawak as defined by the Interpretation Ordinance.

"permanent forests" and "planted forests" shall have the meanings assigned to these expressions in the Forests Ordinance. [Cap. 126 1958 Ed.)];
[Ins. by Cap. A42]

"person" has the meaning attributed to it by the Interpretation Ordinance [Cap. 1 (1958 Ed.)]:
Provided that for the purposes of the alienation of State land under Part III, or for being registered as the proprietor of any estate or interest in land under Part VII, or for the purpose of any future dealing in any estate or interest in land which requires to be registered under this code, but without prejudice to the provisions of sections 221 to 226 inclusive, a person shall be deemed to include only the persons mentioned in section 13(5);

"previous register" means any register kept under the former land Ordinance [Cap. 27 1958 Ed.] or the former land Settlement Ordinance [Cap. 28 (1958 Ed.)] or under any order of the Rajah affecting land;

"proprietor" includes the Government and any person entitled to an estate or interest in alienated land whether such estate or interest is protected by registration or not, but does not include any person holding or deemed to hold land by licence from the Government;

"Register" means the Register kept under Part VII but does not include a register of Native Rights kept under section 7A(2);
[Am. by A78] "Representative" means the person to whom a Certificate of Representation has been issued, and includes a Probate Officer under the Administration of Estates Ordinance [Cap. 80 1948 Ed.] administering the estate of a deceased person where no grant of probate or letters of administration has been issued;

"reserve" means any area to be used or set aside for a public purpose, including but not limited to, the provisions of roads,public parks,open space, drains, sewerage,water, electricity or telecommunication facilities or such other purposes as the Majlis Mesyuarat Kerajaan Negeri may from time to time direct;
[Ins. by Cap. A50]

"Reserved land" means land-
(a) reserved to the Government under section 38 or under the corresponding section of any Ordinance repealed by this code*;

(b) comprised within a National Park constituted under the National Parks and Nature Reserve 1998 Ordinance [Cap. 27] or within a Forest Reserve, Protected Forest or Communal Forest [Cap. 126] constituted under the Forests Ordinance [Cap. 126 1958 Ed.];

(c) occupied otherwise than under a document of title by the Federal or State Government or by any Department or official in his official capacity of either such Government; or

(d) otherwise lawfully constituted or declared to be reserved land;
"rock material" means any of the substances specified in section 32(1) (d)

[Am. by Reprint Commisioner]

[Ins. by Ord. No. 2/74]

"sale" includes any sublease, tenancy, gift or exchange and any agreement thereof, but does not include any devise or bequest of land nor any transfer or charge of any undivided share in any land;

[Ins. by Cap. A50] "State land" means all land for which no document of title has been issue and all land which subsequent to the issue of a document of title may have been or may be forfeited or surrendered to or resumed by the Government, and includes-

[Mod. Swk. L.N. 68/64]
(a) the bed of any river, stream, lake or water-course; and
(b) the foreshore and beds of the sea within the boundaries of sarawak as extended by the sarawak (Alteration of Boundaries) Order in Council, 1954+; [Vol. VI p. 1025];

"system of personal law" means the system of personal law recognised by the general law of sarawak as being applicable to the members of any racial, religious or other community because they are members of such community, and includes any rules or customary law of such system which may refer the determination of any matter to another system of personal law;

"town land" and "suburban land" mean respectively land which has lawfully been declared to be such prior to the 1st day of January, 1958, or which is so declared pursuant to the provisions of section 11.

*NOTE : The following Ordinances were repealed by the land code:-
(a) the land Ordinance [Cap. 27 1948 Edition];
(b) the land Settlement Ordinance [Cap. 28 1948 Edition];
(c) the land (Classification) Ordinance [No. 19 of 1955];
(d) the Dealings in land (Validation) Ordinance [No 11 of 1952].
+For definition of boundaries see the sarawak (Definition of Boundaries) Order in Council, 1958 [G.N.S. 145/58] and see also the North Borneo and sarawak (Alteration of Boundaries) Order in Council, 1962 [G.N.S. 52/62].

3. Administration.
This code shall be administered by a Director of Lands and Surveys who shall be assisted by such number of Deputy Directors, Assistant Directors, Superintendents, Assistant Superintendents, Settlement Officers, Assistant Settlement Officers, Registrars, and Assistant Registrars, and Surveyors as the Minister may appoint.
[Mod. Swk. L.N. 68/64]

3(1A). Direction of the Minister.
The director shall be responsible to the Minister, and the Minister may from time to time give to the Director any general or special direction, not inconsistent with the provision of this code, as to the exercise and performance of the Director's functions and powers under this code, and any such direction shall become binding on the Director who shall forewith take all steps necessary or expedient to give effect thereto.
[Ins. by Ord. No.8/84]

4. Power to constitute new areas of Mixed Zone, Native or Interior Area Land and consequential provisions.
(1) The Minister may, by order signified in the Gazette, declare any area of land to be Mixed Zone land and thereupon any Native Area land or Interior Area land within such area shall become Mixed Zone land.

(2) The Minister may, by order signified in the Gazette, declare any area of land to be Native Area land or Interior Area land and thereupon such part of such
area as consists of unalienated Mixed Zone land shall become Native Area land or Interior Area land, as the case may be.
[Modified: Swk. L.N. 68/1964.]

(3) The Director of Lands and Surveys may, with the approval of the Minister, by notification in the Gazette, declare that any area of land shall become Native Area land and thereupon such part of such area as consists of Interior Area land shall become Native Area land.
[Am. by Cap. A42]

(4) Where the area in respect of which a declaration has been made under subsection (1), (2) or (3) comprises Native Customary land, such land shall be unaffected by the declaration, but any part thereof which may subsequently cease for any reason to be Native Customary land shall-
(a) where the declaration has been made under subsection (1), become Mixed Zone land; and
(b) where the declaration has been made under subsection (2) or (3), become Native Area land;

Provided that where the area in question has been declared to be Interior Area land under subsection (2) and such cessation is effected by the termination in favour of the Government of customary rights, then such part shall become Interior Area land.
[Am. by A78]

(5) Where the area, in respect of which a declaration has been made under subsection (1), (2) or (3), includes Reserved land, such land shall be unaffected by the declaration:
Provided that, if such land is subsequently alienated pursuant to section 38, it shall become Mixed Zone land or Native Area land as may be directed by the Minister under subsection (5) of that section.
[Modified: Swk. L.N. 68/1964]

(6) The boundaries of any area included within a declaration made under subsection (1), (2) or (3) may be modified by subsequent declaration made in like manner, but such modification shall not affect the rights and conditions appertaining to any document of title issued prior to the publication in the Gazette of such declaration.

5. Native customary rights.
(1) As from the 1st day of January, 1958, native customary rights may be created in accordance with the native customary law of the community or communities concerned by any of the methods specified in subsection (2), if a permit is obtained under section 10, upon Interior Area land. Save as aforesaid, but without prejudice to the provisions hereinafter contained in respect of Native Communal Reserves and rights of way, no recognition shall be given to any native customary rights over any land shall be given to any native customary rights over any land in sarawak created after the 1st day of January, 1958, and if the land is State land any person in occupation thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.

(2) The methods by which native customary rights may be created are-
(a) the felling of virgin jungle and the occupation of the land thereby cleared;
(b) the planting of land with fruit trees;
(c) the occupation or cultivation of land;
(d) the use of land for a burial ground or shrine; or
(e) the use of land of any class for rights of way:
(f) [Deleted by A78]

Provided that-
(i) until a document of title has been issued in respect thereof, such land shall continue to be State land and any native lawfully in occupation thereof shall be deemed to hold by licence from the Government and shall not be required to pay any rent in respect thereof unless and until a document of title is issued to him; and

(ii) the question whether any such right has been created or has been lost or extinguished shall, save in so far as this code makes contrary provision, be determined by the law in force immediately prior to the 1st day of January, 1958.
[Am. by A78]

(3) Whenever any dispute shall arise as to whether any native customary rights exist or subsists over any State land, it shall be presumed until the contrary is proved, that such State land is free of and not encumbered by any such rights.
[Ins. by Cap. A42; Am. by Cap. A59; A78]

(4) Any native customary rights lawfully created under subsection (1) or (2) may be terminated and the State land over which such rights have been created shall be resumed by the Government and the compensation shall be paid to any person lawfully having such rights, in accordance with Part IV.
[Ins. by A78]

6. Native Communal Reserves.
(1) The Minister may by order signified in the Gazette declare any area of State land to be a Native Communal Reserve for the use of any community having a native system of personal law and may, by such order or by subsequent order, declare that the customary law of such community in relation to the acquisition, transfer and transmission of rights and privileges in or over land, and in any building or other structure erected therein, shall apply with such modifications as may be specified or provided for in any such order.

(2) Save in so far as the contrary may be specified or provided for in any such order or by this section, rights in any land declared to be a Native Communal Reserve under subsection (1) shall be regulated by the customary law of the community for whose use it was declared to be reserved.

(3) Notwithstanding subsection (2), but without prejudice to subsections (4) to (7) inclusive, at any such land shall continue to be State land, and the native community for whose use it was reserved or any member thereof acquiring any rights therein shall hold the same as a licensee from the Government, and if, by virtue of the provisions of this section (including the provisions of any order made under subsection (1)), any individual native customary rights become established, the issue of any document of title in respect thereof shall be in the absolute discretion of the Director:

Provided that the Minister may of his own motion or upon petition review and confirm or amend any exercise of such discretion.
[Modified Swk. L.N. 68 of 1964]

(4) If the Minister is satisfied that any area or part thereof comprised in any declaration under subsection (1) is required for any public purpose as stipulated in section 46, he may direct such area or any part thereof to be resumed by the Government and compensation to be paid to any person lawfully having rights or privileges over such area or part thereof in accordance with Part IV.
[Subs. by A78]

(5) The Minister may, if he considers that the settlement provisions in Part V should be applied to the whole or any part of any Native Communal Reserve, by order signified in the Gazette so direct, and the Director shall in such case proceed accordingly.

(6) The section shall apply also to native land reserves constituted under section 91 of the former land Ordinance [Cap. 27 1948 Edition] and Native Communal Areas constituted under rule 19 of the land Settlement Rules in like manner to all intents and purposes as if they had been constituted by order under this section, save that if the notification issued under under that section of that rule, as the case may be, has not specified for which community any reserve was constituted the same shall be deemed to have been reserved for the community which has in fact made use of the same or if any dispute or question arises, for the community for which the Minister may by order issued under subsection (1) subsequently declare it is to be deemed to have been reserved.
[Modified Swk. L.N. 68 of 1964]

(7) In any case in which this section applies, the question as to whether any person, whether or not such person is a member of the native community for whose use the reserve is or is deemed to be constituted, may exercise any rights or privileges within such reserve shall be determined by the customary law
of such community and by such orders, if any, as may have been made under this section, and, save to the extent that any such person may be able to justify his occupation of any land comprised within such reserve, he shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.

7. Government Reserves and Kampung Reserves.
(1) In any case where an area of State land is required for a Federal or State public purpose, or may be so required in the future, and it is considered that the area should not be available for alienation, the Director may by notification in the Gazette declare such area to be a Government Reserve whether the public purpose for which the land may be used is stated in the notification or not. The Director may also by a similar notification specify a public purpose for which a Government Reserve may be used, whether such notification involves the change of a purpose previously notified or the declaration of the purpose for which land, not previously held for any specified public purpose, may henceforth be held.

(2) In any case where any area of State land has been declared to be a Government Reserve under subsection (1) the Director may by notification in the Gazette declare that the area is no longer required as a Government Reserve, and the area shall thereupon cease to be a Government Reserve and shall be available for alienation as in the case of other State land.

(3) Where any State land is to be used as a kampung or extension thereof or any similar purpose, the Director may, by notification in the Gazette, designate such land as a Kampung Reserve.

(4) Where before coming into force of subsection (3), any Government Reserve had been declared to be used as a kampung or extension thereof or any similar purpose, the Government Reserve shall be deemed to have been constituted as a Kampung Reserve under subsection (3).

(5) Where any Kampung Reserve is required for a public purpose-
(a) the cessation of the area as aKampung Reserve shall be deemed a resumption of the land by the Government under this code.
(b) compensation shall be paid to any person lawfully occupying or in occupation of the area within the Kampung Reserve; and
(c) the notice in respect of such resumption and other proceedings including assessment of compensation, shall be in accordance with Part IV.

(6) Without prejudice to subsection (5), where the Government decides to alienate land within a Kampung reserve to any person in lawful occupation thereof, the Director shall, by notification in the Gazette, declare that land shall no longer be a Kampung Reserve or a part thereof;
[Ins. by A78]

7A. Registration of native rights.
(1) The following rights belonging to a native over any land in respect of which no document of title has been issued, may be registered with the Registrar in accordance with cases made under section 213-
(a) rights lawfully created pursuant to section 5(1) or (2);
(b) rights and privileges over any land declared as a Native Communal reserve under section 6(1); and
(c) rights within a Kampung Reserve.

(2) The Director shall cause to be kept a Register of Native Rights and such a Register shall be maintained and opened for public inspection in accordance with rules made under section 213.

(3) Nothing in this section shall authorize the Registrar to register in the Register of Native Rights kept under subsection (2), any claims by any native over land-
(a) if any rights so claimed have been extinguished prior to the date of coming into force of this section; or
(b) if the claimant fails to prove to the satisfaction of the Registrar that such rights have been lawfully created or that he is lawfully entitled to enjoy or have the benefit of any of the rights referred to in subsection (1); or
(c) if such claims are the subject matter of any dispute or proceedings pending before any Court including a Native Court or any arbitration proceedings instituted pursuant to the provisions of this Ordinance; or
(d) if a grant or lease has been issued in accordance with section 18 or 96(1) for the land over which such rights are claimed; or
(e) if the land over which such rights are claimed has been returned by the Government under Part IV;
[Ins. by A78]

7B. Transfer, etc., of native rights over land.
(1) Any rights described in section 7A(1) which has been registered in the Registrar of Native Rights may be transferred or transmitted to, or inherited or acquired by, any native.
(2) The transfer, transmission, inheritance or acquisition of native rights over land under subsection (1) shall be in accordance with the system of personal law applicable to the community to which the native belongs and shall be regulated by rules made under section 213.
[Ins. by A78]

7C. Remedies.
(1) Any person-
(a) who is aggrieved by the decision of the Registrar, not to register any of the rights described in section 7A(1) or not to register any transfer, transmission, inheritance or acquisition of such rights in his favour; or

(b) who claims any rights registered in favour of another person named in the Register belongs to him,
may apply to the High Court for an order that his rights be registered or that the Register be rectified, as the case may be.

(2) The Registrar may, if he is satisfied that any entry or particular or right registered in the Register of Native Rights has been procured by fraud, misrepresentation or mistake, amend, rectify or delete the same, provided that-
(a) notice thereof shall be served by the Registrar in accordance with section 208 on any person affected by his decision; and
(b) the person affected may within sixty days from date of receipt thereof apply to the Court to quash or vary the decision of the Registrar.
[Ins. by A78]

7D. Effect of registration.
Any person whose name appear in the Register of Native Rights as the person lawfully entitled to any such rights shall, until the contrary is proved to the High Court or an order pursuant to section 7C is made against him, or a decision is made by the Registrar under section 7C(2), be deemed to be the lawful owner of such rights.
[Ins. by A78]

7E. Protection for the Government.
No claim to compensation shall lie and no action whatsoever shall be maintained against the Government or any officer of the Government, except for the remedies sought under section 7C on account of-
(a) the failure or refusal by the Registrar to register any rights described in section 7A(1);

(b) the decision to register any such rights;

(c) any error, discrepancy or inaccuracy contained in the Register maintained under section 7A(2);

(d) any act, omission or default on the part of the Registrar or any officer of the Government pertaining to the making of any entry, record or particular in the said Register; or

(e) the acceptance for the purpose of registration of any rights or transfer, transmission, inheritance or acquisation of such right in the said
Register, any information, data, document or instrument which the Registrar or any officer of the Government reasonably believes to be true or genuine.
[Ins. by A78]

8. Illegal for non-native to acquire rights or privileges over land of certain classes.
Save as provided in section 9-
(a) a person who is not a native of sarawak may not acquire any rights or privileges whatever over any Native Area land, Native Customary land or Interior Area land;

(b) any agreement, purporting to transfer or confer any such rights or privileges or which would result in such person enjoying any such right or privilege, shall be deemed to have been entered into for an illegal consideration; and, in particular but without prejudice to paragraph

(d), any consideration which shall have been paid or furnished shall not be recoverable in any court nor shall any relief be afforded to any person claiming that any consideration promised has not been paid or furnished;

(c) any person purporting to enter into an agreement to which paragraph (b) applies shall be guilty of an offence; Penalty, a fine of one thousand ringgit and, in the case of a native offender, an additional fine of a sum equivalent to the value of any consideration which the court is satisfied has been received by that native offender or has been received by another person on his behalf or by his direction;

(d) in any case in which a person is convicted of an offence under paragraph (b), the court may, if there is reason to believe that such person did not appreciate he was contravening paragraph

(a) and had no reason to believe he was entering into a prohibited transaction, impose no fine and may also, if it has imposed an additional fine on a native offender and this paragraph applies to the non-native offender, order the payment to such non-native offender out of such fine of such sum by way of compensation to the non-native offender as it may deem fit in all the circumstances.

(e) subject as aforesaid and to any remedy for the recovery of any fine imposed, the rights and privileges of any native shall not be adversely affected by any agreement to which paragraph

(b) applies;

(f) upon any conviction of an offence under paragraph (c), the court shall have power to order the eviction of any person, being a non-native or a person claiming under a non native in possession or occupation of any land in relation to which the offence was committed, and may for such purpose by warrant addressed to any police officer order him to remove any such person as aforesaid;

(g) a complaint of an offence under paragraph (c) may be made by a District Officer or a Superintendent or by any person generally or specially authorized in that behalf by the Public Prosecutor, but may not be made by any other person; and

(h) notwithstanding anything in any other written law, a court of a Magistrate of the First Class* may exercise without any limitation the jurisdiction conferred on the court by this section.

*Now see also section 3 and 111 of the Subordinate Court Act 1948 [Act 92]

9. Acquisition of land by non-natives.
(1) Section 8 shall not be deemed to prohibit the acquisition by any non-native of any land to which the provisions of that section apply, or of any rights or interest in or over such land-

(a) under or by virtue of any law for the time being regulating prospecting for minerals, including minerals oils, or the taking of forest produce;

(b) whenever such non-native has become identified with and subject to any native system of personal law;

(c) whenever such non-native has been issued with any permit relating to Native Area land or Native Customary land, issued under any rules made under section 8A of the former land (Classification) Ordinance, 1948 [Ordinance No. 19 of 1948], or issued under rules in that behalf under section 213, to the extent of the rights conferred by such permit;

(d) where such non-native has been deemed to be a native, by the Majlis Mesyuarat Kerajaan Negeri, by notification in the Gazette, in respect of any category of dealing over Native Area land as stipulated in the notification;
[Subs. by Cap A50;]

(e) whenever such non-native has been issued with any licence under this code to extract and remove earth, gravel, clay, stone, coral, shell, guano, sand or lime.
[Added by Ord. 18/71]

(2) For the purposes of this section, a person shall be deemed to have become identified with and subject to any native system of personal law upon any event upon which any written law provides he shall become so identified and subject or if he is accepted by any native community as being identified with and subject to the system of personal law of such community.

10. Occupation of different classes of land.
(1) Without prejudice to paragraph 5(2)(e) or to section 29 or to the provisions of any written law, no person may occupy or exercise any rights or privileges over any Mixed Zone land or Native Area land save under a valid and subsisting document of title and, if the land in question is unalienated, any occupier thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.

(2) No person whether a native or non-native may occupy any Native Customary land or any Reserved land save under and in accordance with the conditions applicable thereto by virtue of this or any other written law, and any person in occupation thereof shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.

(3) Without prejudice to any law for the time being regulating the prospecting for minerals and mineral oils or the taking of forest produce, any native who, without a prior permit in writing from a Superintendent, occupies any Interior Area land or fells or attempts to fell virgin jungle upon any such land or attempts to create customary rights upon any such land shall be guilty of an offence: Penalty, in the case of a first offence, a fine of one thousand ringgit and, in the case of a second or subsequent offence, imprisonment for two years and a fine of five thousand ringgit.
[Am. by Cap A42; Cap. A61]

(4) The occupation of Interior Area land by a native or native community without a permit in writing from a Superintendent shall not, notwithstanding any law or custom to the contrary, confer any right or privilege on such native or native community and, in any such case, such native or native company shall be deemed to be in unlawful occupation of State land and section 209 shall apply thereto.
[Am. by Cap A42]

(5) The consent of a Superintendent for the purposes of any permit shall not be given if he considers either that he would thereby prejudice the individual or communal rights of others or that he would thereby prejudice the interests of sarawak or its inhabitants in the area where the land applied for is situate.
[Am. by Cap A42]

(6) Any person aggrieved by any decision of the Superintendent may within twenty-one days appeal against such decision to the Director, who may make such order in respect thereof as he may consider just.
[Am. by Cap A42]

(7) Any person aggrieved by any order of the Director under subsection (6) may appeal, by way of petition to the Minister, within thirty days thereafter or within such longer period as the Minister may, in any particular case, permit.
[Am. by Cap A42; Mod. Swk. L.N. 68/64]

11. Director may classify land and resolve doubts as to classification of any particular area of land.
(1) The Director may divide sarawak into land Districts and may, for the purpose of giving effect to this or any other written law, by notification in the Gazette declare any area of land to be a special development area or to be town, suburban or land comprised in a bazaar or to be land of such class or description as may be provided for under such written law or as a prescribed zone adjoining a designated special road.
[Am. by Cap. A17; A119]

(2) The Director may, if he is satisfied that any parcel of land is Mixed Zone land or Native Area land within the meaning of section 2 as read with this Part and that it is expedient that this section shall apply thereto, by notification in the Gazette declare that such parcel is Mixed Zone land or Native Area land, as the
case may be.

(3) Such declaration shall, unless revoked or varied by the Court under subsection (4) or unless the classification of the said land is subsequently altered by virtue of anything in this Part, be sufficient authority for the Registrar, any proprietor thereof and any other person to register and deal with such land as Mixed Zone land or Native Area land, as the case may be.

(4) Any person aggrieved by any declaration under subsection (2) may by notice in writing require the Director to state a case for the opinion of the High Court, and the Director shall comply with such requirement.

(5) The High Court shall have power upon any case being stated under subsection (4) to determine the matter and for such purpose to amend the case stated in any manner it thinks fit.

(6) The Court's determination under subsection (5) shall for the purpose of any appeal be deemed to be made in a civil proceeding.

(7) The expression "any person aggrieved" shall include any person having a right or interest in the land concerned and also the State Attorney-General acting on behalf of the public or of any class of the public.
[Mod. Swk. L.N. 68/64.]

12. Property in and control of State lands and waterways.
The entire property in and control of State land and of all rivers, streams, canals, creeks and water courses and the bed thereof is and shall be vested solely in the Government.

13. Discretion to alienate.
(1) Subject to the direction of the Minister under section 3(1A), the Director may alienate State land other that Native Customary land-
[Subs. Ord No. 8/84; Ord. 18/71]

(a) in perpetuity or for such terms as may be fixed by rules made under this code for the respective classes of land referred to in such rules;

(b) in consideration of the payment of an annual rent;

(c) in consideration, unless the Majlis Mesyuarat Kerajaan Negeri thinks fit to exempt therefrom in any particular case, of the payment of a premium, and where the alienation has been made in consideration of the payment of a premium, the amount of the premium shall be stated. The payment of the premium, if any, may be made either by a single payment or by instalments over a period not exceeding ten years as may be determined by the Superintendent;
[Am. by Ord No. 9/76; Cap. A28]

(d) subject, unless the Director otherwise directs, to a category of land use being endorsed on the document of title; and

(e) subject to any such other conditions and restrictions as may be imposed by the Director.

(2) Subsection (1) shall apply with such modifications as may be necessary to the issue of licences or permits in respect of State land.

(3) The powers hereby vested in the Director may be exercised by a Superintendent subject to the Director's instructions and the Minister's directions
[Am. by Ord No. 8/84; Ord. 18/71]

(4) The powers hereinbefore conferred shall include power to consent to modification of any conditions imposed by or on behalf of the Government, whether before or after the 1st day of January, 1958

(5) Notwithstanding the powers conferred by this section, State land shall not be alienated to any person except-

(a) a natural person;
(b) a corporation having power under its constitution to hold land;
(c) a sovereign or government;

[Am. by Ord. 18/71] [Subs. by Ord. 18/71]

(d) an organisation or other person authorized to hold land under the provisions of any law for the time being in force relating to diplomatic and consular privileges;
(e) a body expressly empowered to hold land under any other written law; and
(f) any person or body, not referred to in paragraphs (a) to (e), approved by the Majlis Mesyuarat Kerajaan Negeri as a person or body who may be registered as the proprietor of land.
[Am. by Ord No. 9/76; Cap. A28]

(6) Nothing in this section shall authorize the alienation of any State land whereon a planted forest has been established pursuant to a licence issued under section 65B of the Forest Ordinance [Cap. 126 1958 Ed.], until and unless such land has been declared by the Minister to have ceased to be a part of the permanent forest of the State, but no declaration shall be made during the period of validity of such licence without the prior written consent of the holder thereof.
[Ins. by Cap. A42]

13A. No acquisation of land by foreigners.
Notwithstanding anything in this code or any other written law relating to land no estate, interest or right in any land may be held or acquired by any of the following:
(a) any person who is not a Malaysian citizen and not permanently resident in sarawak.
(b) any foreign company, corporation, society, association or other body, which is not registered in Malaysia under any written law applicable thereto; and
(c) any person or body corporate which is a trustee under a trust any beneficiary of which is -
(i) a person who is not a Malaysian citizen and not permanently resident in sarawak ; or
(ii) a foreign company, corporation, society, association or other body, which is not registered in Malaysia under any written law applicable thereto;
[Ins. by Ord. No.2/74]

13B. No acquisation of land by foreigners without consent of Minister.
Without prejudice to the generality of section 13A, an estate, interest or right in any land may with the consent of the Minister, be acquired by any of the following:
[Am. by Ord. No.5/90]
(a) in the case of any company, corporation, society, association, bank or other body-
(i) if it is registered in Malaysia under any written law applicable thereto; and
(ii) if the shares that in aggregate carry the right to exercise or control the exercise of more than fifty percent of the voting power at any general meeting of the company, corporation, society, association, bank or other body, are held by persons who are non-Malaysian citizens;
(b) any foreign government or sovereign of any foreign country; and
(c) any person or body corporate which is a trustee under a trust, any beneficiary of which is--
(i) a company, corporation, society, association, bank or other body if the shares that in aggregate carry the right to exercise or control the exercise of more than fifty per cent of the voting power at any general meeting of the company, corporation, society, association,
bank or other body, are held by persons who are non-Malaysian citizens; or
(ii) any foreign government or sovereign of any foreign country.
[Ins. by Ord. No.2/74]

13C. Prohibitions and restrictions against foreigners to acquire land by way of transfer, sublease, transmission and dealings with land other than a charge.
Notwithstanding this code or any other written law relating to land the prohibitions and restrictions imposed by sections 13A and 13B shall apply to any transfer, sublease or transmission under Part VII or any dealing with land other than a charge: Provided that the Minister by notification in the Gazette exempt any person, company, corporation, society, or association referred to in section 13A from this section in relation to the acquisation of interest in land by way of a sublease subject to such terms and conditions as may be prescribed by the Minister.
[Ins. by Ord. No.2/74; Am. by Ord. No. 5/90]

13D. Section 13A, 13B and 13C not applicable to interest acquired before the commencement of the Land Code (Amendment) Ordinance 1974 and to the Federal and State Governments and statutory bodies.
(1) Nothing in section 13A, 13B, and 13C shall apply to-
(a) any estate, interest or right lawfully acquired prior to the commencement of the land code (Amendment) Ordinance 1974 [Ord. No.2/74];
(b) any estate, interest or right in any land acquired directly from the Government of sarawak in consideration of the surrender to the State of any land, or in the course of the subdivision or partition of any land;
Provided however that any subsequent dealings by persons other than the Government of sarawak shall be bound by sections 13A, 13B, 13C;
(c) any land or estate or interest therein acquired by any bank or finance company or institution in sarawak licensed under the Banking and Financial Institution Act 1989 [Act 372], where such land, or estate, or interest therein has been vested in such bank or finance company or institution pursuant to an Order of the High Court made under section 50(6)(c) of the said Act.
[Ins. by Cap. A17]
(2) Nothing in sections 13A, 13B and 13C shall apply to the Federal Lands Commissioner or any Federal Government or State Government statutory bodies or agencies.
[Ins. by Ord. No.2/74]

13E. Foreign investment in special development areas.
(1) Where it appears to the Majlis Mesyuarat Kerajaan Negeri that-
(a) it would be of economic benefit or an advantage to the State; or
(b) it would encourage or facilitate foreign investment into the State,
that any area of State land or any area of alienated Mixed Zone land is to be developed or has been developed for any of the following purposes, viz-
(i) holiday resort or such other project for the promotion of the tourism industry in sarawak;
(ii) recreational centre;
(iii) high-rise commercial complexes;
(iv) industrial estates, including free zones, established under the Free Zones Act 1990 [Act 438], and housing accommodation for such industrial estates and free zones;

(v) special residential areas for accommodation of foreign investors or foreign workers; or

[Am. by A136/2007]

[Am. by A136/2007]

(vi) any development or to facilitate the development, of any area within a regional development corridor established under the Regional Corridores Development Authorities Ordinance, 2006 [Act 64]
[Ins. by A136/2007]
the Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, declare such area to be a Special Development (Exemption from Prohibitions of Foreign Interests) Areas, subject to such terms and conditions as may be stipulated in the notification.

(2) Notwithstanding anything to the contrary in this code or any other written law relating to land a foreign person, foreign company, foreign corporation or other foreign body may acquire an estate, interest or right in-
(a) any land within a Special Development (Exemption from Prohibitions of Foreign Interests) Areas;
(b) any of the individual parcels within a building which has been sub-divided pursuant to the Strata Titles Ordinance, 1995 [Cap. 18], or the former Strata Titles Ordinance, 1974 [Ord. No.3/74]; and
(c) any land with a building thereon for residential purpose and the market value of such land and building is not less than such amount as may be determined by the Minister by a direction *published in the Gazette.
[Subs. by Cap. A29; Cap. A61]
*not less than RM300,000 (Ringgit Malaysia three hundred thousand ) see Swk L.N. 114/98.

13F. Penalties for dealing in contravention of section 13A, 13B, 13C and 13E.
(1) Any instrument of agreement purporting to transfer or convey any right, interest or estate in land to or to vest or confer any such right, interest or estate on, any foreign person, foreign company, foreign corporation, or other foreign body referred to in section 13A, in contravention of the provisions of section 13A, 13B, 13C, or 13E, shall be deemed to have been entered into for an illegal consideration and shall be void, and any consideration provided or furnished pursuant thereto shall not be recoverable in any court nor shall any relief be afforded to any person claiming that any such consideration promised has not been paid or furnished.

(2) Where an instrument executed in contravention of section 13A, 13B, 13C, or 13E has been registered under Part VII, the Registrar shall make an endorsement on the appropriate Register cancelling the registration thereof. Upon cancellation, any right, interest or estate acquired by virtue of the registration of that instrument shall cease forthwith.

(3) The registered proprietor of any land and any person who is a party to any instrument or agreement of the nature referred to in subsection (1) shall be guilty of an offence and, upon conviction, shall be liable to a fine of not exceeding fifty thousand ringgit and, in the case of a continuing offence, to a further penalty of five hundred ringgit per day for every day during which the offence continues.
[Ins. by Cap. A50]

14. Repealed.
[Repealed by Ordinance No. 18 of 1971]

15. Protection of native customary rights.
(1) Without prejudice to section 18 and 18A, where native customary rights have been lawfully created over State land, such land shall not be alienated or be used for a public purpose until all native customary rights have been surrendered or terminated or provisions for compensating the persons entitled thereto
have been made.
[Subs. by A95]

(2) (a) The surrender of native customary rights under subsection (1) shall be effected by way of a deed of surrender, in such form as may be approved by the Director, and shall be signed by the Superintendent and the persons whose rights are to be surrendered to the Government for the purposes of subsection (1).
(b) Prior to the signing of the deed referred to in paragraph (a), the Superintendent shall cause a notice to be posted at the District Office and at any other convenient places in the neighbourhood where the land is situated and a copy thereof served on the Headman of the area where the land is located, stating that any person who has any objection to the intended surrender of the native customary rights over the land described in the notice by reason that he had also lawfully created such rights over the said land and ought to be compensated, shall within 21 days from the date of posting of the notice in the Gazette, submit his objection in writing to the Superintendent.
(c) Where the Superintendent receives any objection filed pursuant to paragraph (b), he shall determine the validity or otherwise of such objection, and if he overrules the same, he shall notify the objector in writing.
(d) The deed of surrender shall not be signed by the parties referred to in paragraph (a), until a lapse of seven days after the Superintendent has notified the objector of his decision under paragraph (c).
(e) Where the Superintendent upholds the objections and the objector agrees to the surrender of his rights and compensation to be paid to him, the Superintendent shall include the name of the objector as a party to the deed of surrender.
(f) Where the objector whose claim is upheld refuses to surrender his native customary rights, the matter shall be referred to the Minister who may direct that his rights be terminated in accordance with the provisions of this code and compensation to be paid to him, or that the land over which he had lawfully created native customary rights, be excluded from the process of alienation.

(3) Where the provisions of this section have been complied with in the surrender of native customary rights, the Government shall not be liable-
(a) for any amount of compensation other than that stipulated in the deed of surrender; or
(b) to pay any compensation to any person who fails to raise any objections against the surrender in accordance with the provisions of the section; or
(c) to any person who, subsequent to the execution of the deed of surrender, claims to have rights over the area referred to in the deed of surrender or to any heirs, beneficiaries or successors in title or estate of the persons who are parties to the said deed.

(4) The granting of permits to occupy Native Customary land under rules made under section 213 shall not be deemed to be inconsistent with subsection (1).
[Ins. by A95]

15A. Alienation of land surrendered, reverted or resumed to the Government.
(1) Subject to the direction of the Minister and the provisions of Part III, the Director may-
(a) alienate any land which has been reverted to the Government pursuant to section 5(3) and

(5); or
(b) re-alienate any alienated land which has been surrendered to or resumed by the Government under Part IV , for any of the purposes specified in section 46,
to any person, corporation or body of persons approved by the Minister.
(2) Whenever any land referred to in subsection (1) is alienated or re-alienated, as the case may be, such land shall not at any time be used for any purpose other than the development or undertaking which in the opinion of the Minister is for the benefit of the State or any part thereof or of the public generally or any class of the public.
[Ins. by Cap. A23]

16. Special condition in relation to alienation of town building lots.
Any alienation of town land for building purposes shall be subject to the following special conditions, namely-
(a) that buildings shall within one year from the date of registration of the document of title, or such extended period as may be therein mentioned, be erected on such land;

(b) that, whenever any written law requires that the plans of any such buildings shall be approved by a local authority, such buildings shall be erected in accordance with the approved plans. A breach of this condition shall entitle the Government to re-enter, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished. For the purpose of any re-entry under this paragraph, section 33 shall, with the necessary modifications, apply.
[Am. by Ord. No.8/88]

17. Reversion to Government of unimproved suburban land.
In the absence of any special conditions to the contrary contained in the document of title, the Government may re-enter and resume possession of lots of suburban land which remain unoccupied and unimproved for two years from the date of registration of the document of title, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished. For the purposes of any re-entry and recovery of possession under this section, the provisions of section 33 shall, with the necessary modifications, apply.

17A. Penalties in respect of offences under section 16 or 17.
Any person who contravenes or neglect or fails to comply with section 16 or 17 shall be guilty of an offence: Penalty, a fine of two thousand ringgit and, in the case of a continuing offence, to a further fine of one hundred ringgit in respect of each day on which the offence continues.
[Ins. by Ord. No.8/88]

18. Leases to natives.
(1) Where the Director, subject to any direction from the Minister, is satisfied that a native has occupied and used any area of unalienated State land in accordance with rights acquired by customary tenure amounting to ownership of the land for residential or agricultural purposes, he may subject to section 18A, issue to the native a grant in perpetuity of that area of land free of premium rent and other charges.
[Am. by Ord No.20/63; Ord. No. 2/74; Cap. A50, A78]

(2) A grant in perpetuity under this section shall be made for residential or agricultural purposes, as the case may be, subject to such conditions, obligations and restrictions as the Director on the direction of the Minister, may impose.
[Subs. by Ord. No. 2/74]

(3) Where land granted under this section is transferred or subleased to a person other than a person who, if the proprietor had died intestate immediately prior to the date of the transfer or sublease, would have inherited the land, or where the use of such land is changed from residential or agricultural purposes to any other purpose, the appropriate premium, if any, rent and other charges under this code shall be payable as if the land had been first alienated on the date of transfer or sublease or change of use, as the case may be.
[Am. by Ord. No. 2/74]

(4) All land which immediately prior to the commencement of the land code (Amendment) Ordinance, 1963 [Ord. No.20/63], was held under a lease issued under section 41, or under any similar provision of any Ordinance repealed by the Principal Ordinance or of any Order of the Rajah, shall, on the commencement of that Ordinance, be deemed to be held under a grant issued under this section.
[Am. by Ord. No. 2/74]
Provided that this subsection shall not apply to any land held or deemed to be held under a grant issued under this section the use of which prior to the commencement of the land code (Amendment) Ordinance, 1963 [Ord. No.20/63], has been changed from agricultural purposes to any other purpose pursuant to the former section 18(3) as enacted by the land code (Amendment) Ordinance, 1963 [Ord. No.20/63].

18A. Issue of leases in Development Areas.
(1) Where unalienated State land, over which a native who has acquired ownership thereof by the exercise of native customary rights under section 5, is within-
(a) a Development Area declared under section 11(1) of the land Custody and Development Authority Ordinance, 1981 [Ord. No. 4/81]; or
(b) an area designated as a sarawak land Development Area under the Schedule to the Lembaga Kemajuan Tanah sarawak (sarawak land Development Board ) Order, 1972 [Swk. L.N. 17/72] the Superintendent may issue a lease over such land for a term of not more than sixty years, on such terms and conditions as he may impose, to a body corporate approved by the Minister.

(2) The Superintendent may amalgamate all land, within a Development Area referred to in subsection (1), over which natives have acquired ownership, or over such land and any adjoining State land, into one parcel of land, for the purpose of granting a single document of title to the body corporate approved by the Minister.

(3) On the expiry of a lease issued to the body corporate under subsection (1), any native whose land has been included in such a lease may apply to the Superintendent for the issue to him of a grant over his land or any part thereof. The Superintendent may, subject to the direction of the Director, issue such grant to the native upon such terms and conditions as he deems fit to impose.

(4) For the purposes of this section, "body corporate" shall mean a body corporate established under State law or a company incorporated under the Companies Act 1965 [Act 125], and which has been deemed, pursuant to section 9(1)(d) to be a native for the purpose of or relating to a dealing under this code, in or over Native Area land.
[Ins. by Cap. A50]

19. Prohibition against the owning of more than * 5,000 acres.
(1) No document of title may be issued for an area exceeding five thousand acres, nor may any person either alone or jointly with another or others, hold more than a total area of *five thousand acres without the permission in writing of the Minister.
[Mod. Swk. L.N. 68/64]

(2) Where in any particular case an area exceeding five thousand acres is held in contravention of the provisions of subsection (1), the Government may re- enter and resume possession of so much of the excess area as may be considered necessary, and no claims shall lie for the refund of any premium, rent or other consideration which may have been furnished.
* Roughly 2023.43 hectares.
See the Weights and Measures Act 1972 [Act 71]

20. Form of grant and lease.
(1) Every grant or lease of State land be substantially in such one of the Forms in the First Schedule as may be appropriate and shall be sealed and signed by the Superintended or by the Director, as the case may be require. Every such grant or lease shall be prepared in duplicate and a diagram of the land shall be annexed to the part intended to become the issue document of title.

(2) Where an applicant for a grant, lease or provisional lease of State land has died prior to the issue of a document of title in his favour, the document of title may be issued either in the name of the applicant or in the names of those entitled to a grant of probate or letters of administration of his estate under the Administration of Estates Ordinance. [Cap. 80 1948 Edition].

(3) Both parts of every grant or lease of State land shall, after completion in accordance with subsection (1), be sent to the Registrar and registered by him in the Register in accordance with the provisions of Part VII.
(4) [Repealed by Ord. No. 2/74].

21. Repealed.
[Repealed by Ordinance 18 of 1972].

22. Rent for Land.

(1) [Deleted by Ordinance No. 18 of 1971].

[Subs. by Cap. A50]

(2) Every alienation of State land made prior or subsequent to the 1st day of January, 1958, shall, notwithstanding any provision to the contrary to this or any other written law, be liable to payment of rent, which shall be stipulated in the document of title or provided for under the provisions of this code.
[Subs. by A136/2007]

23. Liability for rent.
When land is held by co-proprietors they shall be jointly and severally liable to pay the rent.

24. Payment of annual rent and premium.
(1) Annual rent payable in respect of any lease, and in cases where instalments of premium are to be paid, the amount of such instalment, shall be paid on or before the due date, as stipulated in subsection (2), for the payment thereof.

(2) The due date for the payment of rent or instalments of premium, as the case may be, shall be the anniversary date of the registration of the lease or the date stipulated by the Superintendent as the annual due date for payment of rent or instalments of premium.

(3) If payment of rent or instalment of premium is not received by the due date of payment thereof, such surcharge of the annual rent or instalment of premium, as the case may be, as may be prescribed by rules made under this code shall be imposed.

(4) Where rent or any surcharge thereon imposed under subsection (3) is not paid by the registered proprietor, without prejudice to section 33 or 122, the Superintendent shall be entitled to recover such rent or surcharge by way of civil proceedings.

(5) Notwithstanding anything herein contained, a proprietor ol land may pay his rent or instalment of premium before the due date for payment thereof: Provided that the Superintendent shall not be obliged to accept payment of rent or instalment of premium for more than three years in advance.

(6) For the purposes of this section "lease" includes a grant.
[Subs. by Cap. A50]

25. Sub-division.
No proprietor of land may sub-divide his land and transfer or sub-lease any sub-division thereof except in accordance with Part X and any rules made thereunder and subject to such terms and conditions as may be imposed by the State Planninig Authority for such sub-division.
[Subs. by Cap. A50]

26. Renewals.
No person claiming under a document of title shall, in the absence of contrary provision contained in that document of title, have any right to any renewal, whether upon the same conditions or otherwise, of the estate or interest thereby secures:
Provided that the Director may, upon such terms and conditions as he may impose, re-alienate the land covered by the document of title to the person who is the registered proprietor thereof.
[Subs. by A136/2007]

27. No compensation for improvements.
No outgoing proprietor or other person shall have any right or claim against the Government in respect of the value of any improvements that may be in existence on the land at the date of the expiration of the estate or interest under which that land was held.

28. Survey required before alienation.
(1) No State land shall be alienated under this code unless and until the survey of the land has been completed to the satisfaction of the Superintendent:
Provided that, when the immediate survey of any State land is impracticable, the Superintendent may order that a provisional lease in Form C in the First Schedule be executed in favour of the person entitled.

(2) Every provisional lease shall specify the approximate extent and area of the land included therein but shall not entitle the holder to a grant or lease of the whole of the area specified.

(3) Notwithstanding the payment by him of any rent in respect of the area stated, the registered proprietor of any provisional lease shall have no right to registration of a lease in Form B in the First Schedule for an area equal to the area stated to be alienated if on survey such area is found not to be available.

(4) Save where the context otherwise requires, the provisions of this code in connection with leases shall apply to provisional leases and references to a lease shall include a provisional lease.

29. Temporary licences.
(1) Subject to the provisions of this code and any rules made hereunder, the Superintendent may permit the temporary occupation of State land under licence.

(2) No such licence shall, notwithstanding anything contained in any written law to the contrary, be registerable in the Register nor be transmissible or transferable by operation of law or otherwise.

(3) Every such licence shall be substantially in the form and subject to the terms and conditions prescribed by rules made under this code and shall be subject to such other terms and conditions, not inconsistent with the provisions of this code and the rules made hereunder, as the Superintendent may deem fit to impose.

30. Revision of rent.
(1) Subject to subsection (5), the Director may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, from time to time revise in accordance with the following provisions of this section the rents payable in respect of alienated lands within the State.

(2) Any revision under this section shall extend to all alienated lands within the State except land of any class or description which the Majlis Mesyuarat Kerajaan Negeri, may think fit to exempt therefrom.

(3) On any revision under this section, the Director may-
(a) increase or reduce the rents of all lands to which the revision extends; and
(b) make different provision for different classes or descriptions of such lands.

(4) In the exercise of the powers conferred by this section the Director shall take no account of increases in land values attributable to improvements.

(5) Revisions of rent under this section shall be made at such times as the Director may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, determine, but-
[Am. by Ord. No.9/76; Cap. A28]
(a) in the case of the first such revision, not so as to have effect earlier than the beginning of the year 1974; and
(b) in the case of any subsequent revision, not so as to have effect before the expiry of a period of ten years beginning with the most recent date as form which any rents in the State were revised under this section.
[Am. by A136/2007]

(6) Whenever a revision is proposed pursuant to this section, the Superintendent shall by notice in the Gazette or by notice to the registered proprietor given not less than six months prior to such 1st of January as from which it is proposed that it shall become effective, give notice of the proposed revision. Any such notice shall specify the revised rent proposed.

(7) The acceptance by or on behalf of the Government of any rent payable under a document of title in which the rent is liable for revision or any failure by the Superintendent to give notice of a proposed revision shall not be held to have operated or to operate hereafter as a waiver by the Government of its right to have such rent revised.

31. Restriction on transfer.
(1) No land exceeding one hundred acres* in area whether contained in one document of title or not shall be transferred, sub-leased, charged or otherwise disposed of without the consent of the Superintendent.

(2) Any person aggrieved by any decision of the Superintendent under subsection (1) may, in accordance with the provision of the Administrative Appeals Rules [Vol. VII 1958 Ed. p. 5] appeal to the Minister within twenty-one days after the date when such instrument was refused registration.
[Am. by Swk. L.N. 68 of 1964]
*Roughly 40.4686 hectares - See weights and Measures Act 1972 [Act 71]

32. Implied conditions and obligations affecting land.
(1) In the absence of any express provision to the contrary in the document of title to any land whether alienated before or after the 1st day of January, 1958, there shall, by virtue of this section, be implied in such document of title the following conditions, obligations and restrictions-
(a) that the rent, if any, and all rates, taxes and other dues payable to Government in respect of the land shall be a first charge on the land and shall be duly paid to the person and at the time and place prescribed for that purpose;
(b) that all boundary marks by which the boundaries of the land are defined shall be duly maintained by the proprietor or occupier;
(c) that no portion of the land shall be used for the burial of a human body or any part thereof without the authority of the Resident;
(d) that the Government has the right at all reasonable times to enter upon the land for the purpose of extracting therefrom and taking away any earth, gravel, clay, stone, coral, shell, guano, sand or lime upon payment to the proprietor or occupier of reasonable compensation for any damage caused to property;
[Am. by Ord.No. 2/74]
(e) that any person, holding the right to do so under a valid document of title or licence granted by the Government under any written law relating to mining, may-
(i) enter on the land for the purpose of extracting therefrom mineral oil and such other commodities required for such purpose; and
(ii) do on the land such acts incidental to such purpose as may be authorized by such lease or licence.
upon payment to the owner or occupier thereof of reasonable compensation for any damage done to the property;
(f) that all land which was alienated for agricultural purposes shall be cultivated in accordance with section 39;
(g) that the land shall be subject to all the rights of the Government specified in Part IV;
(h) that the land shall be subject to the rights and conditions more particularly set forth in sections 33 to 37 inclusive;
(i) that the land shall not at any time be used for any purpose or in any manner prohibited by or under any written law.
[Am. by Cap. A50]
(j) that the proprietor shall not cause or permit any right, interest or estate in the land to be held or acquired or enjoyed by a foreign person, foreign
company or foreign corporation or foreign body in contravention of sections 13A, 13B, 13C, 13D and 13E.
[Am. by Cap. A50]

(2) All the aforesaid conditions, obligations and restrictions shall run with the land and shall bind the proprietors or occupiers thereof for the time being.
(3) If any dispute should arise as to what is reasonable compensation within the meaning of subsection (1), the person entitled thereto may require the Superintendent to refer the matter to arbitration under section 212.

32A. Rock material not to be removed from land except under licence.
(1) No person, whether or not he is the lawful proprietor or occupier of the land, may remove any rock material or any commodities manufactured thereof on such land, except under and in accordance with a licence issued to him by the Superintendent.

(2) Licence issued under subsection (1) shall be subject to such terms and conditions as may be imposed including the payment of such royalties as the minister may approve.
[Am. by Ord. No.3/79]

(3) Any person removing any rock material or any commodities manufactured thereform from any land without a licence or contrary to any of the terms or conditions of a licence issued under this section shall be guilty of an offence: Penalty, a fine of five thousand ringgit.
[Ins. by Ord. No 2/74; Am. by Ord. No.3/796; Cap. A50]

33. Re-entry in case of breach or default.
(1) There shall, by virtue of this section, be implied in every document of title the condition that in every case of a breach of, or a default in, the observance or compliance with any of the conditions, restrictions or other obligations in the said document of title, whether expressed therein or contained in or implied by this code, and such breach or default is not remedied in accordance with subsection(2), the director or any other officer authorized by him may, subject to this section and with the approval of the minister, on behalf of the Government, declare the estate or interest secured by that document of title to be forfeited and re-enter the land or the portion thereof in respect of which the breach or default has occurred.

(2) Where there is any breach or default in the observation of or compliance with any condition, restriction or other obligation expressed in a document of title or contained in or implied by this code, the Superintendent, with the concurrence of the Director, may serve on the registered proprietor of the said land and any person having a registered interest in the land, a written notice requiring him to remedy the breach or default within a period of not less than ninety days from the date of service of the notice thereof and to pay a penalty for such a breach or default of not exceeding ten thousand ringgit and, in the case of a continuing breach or default, to pay a further penalty not exceeding five hundred ringgit per day from the date of service of notice thereof till the date when the breach or default is remedied.

(3) (a) The registered proprietor and any person having a registered interest in the land may, within twenty-eight days from the date of service on him of a notice referred to in subsection (2), appeal in writing to the Director either on the ground that there was no breach or default committed by him or that the penalty imposed was excessive, or on such other ground as would entitle the Director to direct a withdrawal of the notice.
(b) Upon consideration of the appeal, the Director may reaffirm the decision of the Superintendent, modify or vary that decision or the penalty imposed or direct a withdrawal of the notice.
(c) Where the Director decides to reaffirm the decision of the Superintendent, or to modify or vary the decision, the registered proprietor and any person having a registered interest in the land shall, within sixty days from the date of the receipt of the decision of the Director, remedy the breach or default as specified in the notice issued by the Superintendent under subsection

(2) or with such modification or variation thereto as may be directed by the Director.

(4) (a) Upon service of the notice under subsection (2), the Superintendent shall cause to be made an endorsement on the Register to the effect that the said land is subject to action taken under this section for breach of, or a default in, the observance or compliance with any of the conditions, restrictions or other obligations in the document of title, and until and unless the endorsement is cancelled, the same shall operate as a caveat against any dealing affecting the land.
(b) Where the breach or default has been remedied in compliance with the notice issued by the Superintendent under subsection (2) he shall cancel or cause to be cancelled the endorsement made pursuant to paragraph (a).

(5) Where the registered proprietor or the person having a registered interest in the land:

(a) fails or refuses or neglects to remedy the breach or default within the period stipulated in subsection (2) or (3) or within such extended period as the Director may permit; or
(b) fails to pay the full penalty imposed under subsection (2).
the Director, after consulting the Minister, may make an Order declaring that the land is forfeited to the Government, and shall cause a copy of the said Order to be served on the registered proprietor and any other person having a registered interest in the land and shall further cause a copy of the said Order to be registered under this code.

(6) (a) Any person who was the proprietor of the land immediately before its forfeiture under this section may, within six months from the date thereof, apply in writing to the Minister for the annulment of the forfeiture.
(b) The minister may, in his absolute discretion, refuse such application or if he approves it, the approval shall be subject to the payment by the applicant--
(i) if the forfeiture was for non payment of rent, of such penalty not exceeding ten times the sum which he was required to pay under the notice served upon him by the Superintendent under subsection (2), as the Minister may impose; or
(ii) if the forfeiture was for breach or default in the observance of or compliance with any condition, restriction or other obligation in the document of title, of such amount as the Minister may determine in respect of the expenses occasioned by the forfeiture and having regard to any gain derived from the breach or default and the nature thereof; or
(iii) if the breach or default is consequent upon the construction or erection of an unauthorized building or structure on the land, the full cost and expenses estimated by the Minister for the demolition of the building or structure, unless the person applying for the annulment of the forfeiture demolishes the building or structure at his own cost and expenses.
(7) The acceptance of any rent or premium by or on behalf of the Government shall not operate or deemed to have operated as a waiver of the right of forfeiture and re-entry of the land, under this section.
[Subs. by Cap. A50]

33A. Re-entry of land within special development areas.
(1) Where the proprietor of any land, within an area which has been declared to be a special development area pursuant to section 11-
(a) had obtained approval under the Building Ordinance, 1994 [Cap. 8], for the erection of a building on his land, but-
(i) fails, within a period of two years from the date of such approval, to commence the construction of the building; or
(ii) after having commenced the construction thereof, abandons, ceases or discontinues works necessary for the completion of the construction of the building; or
(b) has on his land a building which has been left in a state of ruin, disrepair or collapse so as to cause nuisance, danger or inconvenience to the public,
the Superintendent may, with the approval of the Director, by notice served on the proprietor , require him within such period (being not less than sixty days) as may be stipulated in the notice-
(A) to commence the construction of the building;
(B) to resume works for the construction thereof;
(C) to continue such works until the due completion of the building; or

(D) to demolish any building which has been left in a state of ruin, disrepair or collapse.
(2) In the event that the proprietor fails to comply with the requirements of the notice issued pursuant to subsection (1), the Superintendent shall be entitled to-
(a) enter into possession of the land;
(b) demolish any structure, including the uncompleted building thereon or to take such steps as may be necessary to beautify, landscape or improve the land; or
(c) carry on such work on the said land as the Superintendent deems necessary to remove any nuisance, health or fire hazards, annoyance or inconvenience that may be caused to the public by reason of any structure, uncompleted building or vegetation thereon,
and the Superintendent shall recover the cost and expenses thereby incurred from the proprietor as a civil debt.

(3) If the proprietor shall fail to pay the cost and expenses referred to in subsection (2) within thirty days from the date of the notice being served on him by the Superintendent, the Superintendent shall be entitled to forthwith re-enter the land in accordance with this section.

(4) On the date of the re-entry of the land, the Superintendent shall cause to be entered on the Register a memorial that the land has been re-entered by him on behalf of the Government, and upon the entry of such memorial, the interest and estate of the proprietor and any other interest registered against the land, shall be terminated, and the issue of document of title for the land shall be deemed to have been cancelled and no claims shall lie against the Government for the refund of any rents or other moneys paid in respect thereof.
[Am. by A78]
(5) The Superintendent shall, upon the entry of the memorial on the Register, forthwith issue the certificate of re-entry which shall be served upon the proprietor and published in the Gazette.
(6) The proprietor and any person having an interest registered against the land at the date of the re-entry and resumption of possession by the Government, may within a period of sixty days from the date of the publication of the certificate in the Gazette pursuant to subsection (5), petition to the Majlis Mesyuarat Kerajaan Negeri to grant him or them relief against forfeiture.

(7) Section 33 (7) shall, with the necessary modifications, apply in regard to any petition presented pursuant to subsection (6)

[Am. by Cap. A50] [Ins. by Cap. A17]

34. Right of way.
(1) All land shall be held subject to an implied right-
(a) that the proprietor or occupier of land adjoining or in the neighbourhood who has no other reasonable means of access from his land to a public road, way, river, creek or foreshore;
(b) that the holder of a licence or permit to take rock material of forest produce who has no other reasonable means of access from a public road, way, river, creek of foreshore to such rock material or forest produce; and
(c) that the holder of a mining lease or prospecting licence who has no other reasonable means of access from a public road, way, river, creek of foreshore to land over which mining or prospecting rights have been granted to him under such lease or licence,
shall have a right of way for all reasonable purposes over such land and to pass and repass with or without boats or vehicles.
[Subs. by Ord. No. 18/1 971]

(2) If the persons concerned cannot agree among themselves to the location of the path or track which will constitute a right of way, the matter shall be referred to the Superintendent by the person or persons requiring the right of way, and the Superintendent shall have power to decide the matter.

(3) The Superintendent shall have power to declare the terms upon which a right of way shall be granted under this section and may impose such conditions as to formation and maintenance as may be considered necessary. Where the right of way is granted over an existing path or track which has been formed or maintained at the expense of the person over whose land it passes, the Superintendent may require the person to whom the right of way is granted to pay to such other person such reasonable sum as may be assessed by way of compensation.
(4) In any case where a right of way for the benefit of the proprietors or occupiers of adjoining land has been created under the provisions of this section, the Superintendent may issue a right of way certificate which shall-
(a) specify the land served by the right of way and the land over which it exists;
(b) have endorsed thereon or refer to a diagram showing the land served by the right of way and the land over which it exits; and
(c) be noted on the appropriate maps and plans in the land and Survey Office and be registered in the Register in accordance with section 112.

(5) Compensation for damage, if any, to trees or other property belonging to the person or persons through whose land a right of way is made shall be primarily assessed by mutual agreement between the parties concerned and, in the absence of agreement, the matter shall be referred to the Superintendent and the compensation assessed by him.
(6) Any person aggrieved by any decision of the Superintendent under this section may, within thirty days of being informed of such decision, appeal to the High Court and for the purpose of further appeal any decision of the High Court shall be deemed to be made in a civil proceeding.

35. Right of neighbouring owners to drainage and irrigation.
(1) All land shall be held subject to an implied right of the proprietors or occupiers of neighbouring land to drainage and irrigation.

(2) Every proprietor or occupier of land shall be jointly responsible with the neighbouring proprietors or occupiers for the proper maintenance of any party drains or irrigation ditches which are upon his land or are constructed after the 1st day of January, 1958, and which such proprietor or occupier uses or from which he derives some benefit.

(3) If such proprietor or occupier refuses or fails to maintain any such party drain or ditch, a neighbouring proprietor or occupier may, after giving reasonable notice when practicable of his intentions so to do, enter upon the land and, at the joint expense of the proprietors or occupiers referred to in subsection (2), do such maintenance work as may be necessary.

(4) If a proprietor or an occupier of any land cannot efficiently drain his land by any existing party drain or irrigation ditch, and any neighbouring proprietors or occupiers refuse to allow him to construct suitable drains or ditches on their land, the Superintendent may order such neighbouring proprietors or occupiers to permit the construction, at the expense of the person requiring them, of such drains or ditches as may be necessary.

(5) In any case where a party drain or irrigation ditch has been constructed under the provisions of this section, the Superintendent may issue a certificate in similar form to that provided for the right of way certificate under section 34, with the necessary modifications, and such certificate shall be noted on the appropriate maps and plans and duly registered in the Register.

(6) The maintenance of, or construction of, drains or ditches under subsections (3) and (4) shall be carried out without any more damage to property and crops than is unavoidable, and compensation shall be payable to the proprietor or occupier of the land whose property or crops are damaged, except where he has refused or neglected to repair a ditch or drain which it is his duty to maintain.

(7) Any dispute between the parties concerned, in relation to this section, shall be referred to the Superintendent for his consideration and decision.
(8) Any person aggrieved by an order under subsection (4), or by any decision under subsection (7), may, within thirty days of being informed of such decision, appeal to the High Court and for the purpose of further appeal any decision of the High Court shall be deemed to be made in a civil proceeding.

37. Government's right of drainage, etc.
All land shall be subject to the following implied rights reserved to the Government-
(a) the right, without payment of compensation therefore, of making upon all land, drains, sewers and ditches, of laying down pipes and cables for water, gas or electricity, of erecting poles and wires for electric power communication towers, and of using, repairing and maintaining the same;
[Am. by A95]
Provided that if such works interfere with improvements, permanent buildings or cultivated ground, such compensation shall be allowed for disturbance or damage as shall be determined by the Superintendent;

(b) the right of the Government exercisable through the Superintendent to cause any tree or trees to be felled, trimmed or removed. Compensation shall be assessed and awarded by the Superintendent for any such feeling, trimming or removal:
Provided that no compensation shall be paid in respect of any tree not in existence before the 1st day of January, 1958, and standing within * thirty-three feet of the centre line of any road maintained by the Government of a local authority;

(c) the right of the Government, exercisable through all officials, contractors and workmen who are duly authorized, to free access at all reasonable times for any of the purposes specified in paragraphs (a) and (b) or for any other authorized purpose.

*Roughly 10.0584 metres - see the Weights and Measures Act 1972 [Act 71]

38. Margin of land along all rivers, sea coasts, roads, borders, etc., reserved to the Government.
(1) Save where express provision is made to the contrary in any document of title by any general or special direction of the Minister, all unalienated land situate within the limits stated below shall be reserved to the Government, and no one may acquire a title to the same or any part thereof-
[Mod. Swk. L.N. 68/64]
(a) all land adjoining the sea coast within *sixty-six feet of mean high water mark;
(b) all land within *sixty-six feet on each side along the banks of all navigable rivers, streams, canals or creeks:
Provided that, where the width of any such stream, canal or creek is less than* thirty-three feet, the reserve on each bank shall be twice the width of the stream, canal or creek;
(c) all land within * thirty-three feet on either side of the centre of all roads maintained by the Government, or a local authority, to which the public has access as of right;
(d) all land within five hundred metres of the borders of the State,
[Ins. by A119]

(2) Any grant, lease or other alienation made after the 1st day of January, 1932, shall where the land adjoins the seashore, or borders of the State, a navigable river, stream, canal, creek or existing road, be deemed to have reserved to the Government the area of land stated in subsection (1), and the boundary of the land in such grant, lease or other alienation shall be determined accordingly, notwithstanding that the seashore, or borders of the State, or a navigable river, stream, canal, creek or road is stated to be the boundary.
[Am.. by A119]

(3) Any owner of land adjoining an area of land reserved to the Government under subsections (1) and (2) may be permitted to use so much of the land reserved to the Government as may be reasonably necessary for the purpose of landing stages or rights of way, and a licence or right to use any such area for the purpose of erecting and using a wharf or landing stages may also be granted to any person whether an owner of adjoining land or not. The permission to use any such area in the manner so provided for shall be at the pleasure of the Majlis Mesyuarat Kerajaan Negeri and may be at any time withdrawn.
[Am. by Ord. No. 9/76; Cap. A28]

(4) Any building erected, or crop planted, upon the land reserved to the Government under subsections (1) and (2) shall without prejudice to subsection (6) be liable to be removed by order of the Director without payment of any compensation.
[Am. by A119]

(5) In any case in which the Minister has given a direction for the alienation of land reserved under subsection (1), he shall also direct whether such land shall become Mixed Zone land or Native Area land and, in any such case, such land shall immediately prior to the alienation thereof become Mixed Zone land or Native Area land, as the case may be. No such direction need be published in the Gazette but, upon registration of any alienation under this section, the Registrar shall make an appropriate entry in the Register denoting whether such land is Mixed Zone land or Native Area land.
[Mod. Swk. L.N. 68/64]

(6) Any person who-
(a) builds, constructs or maintain any building, road, path or any structure; or
(b) occupies or attempts to create any right,
over any land reserved to the Government under subsections (1) and (2) without permission or licence granted under subsection (3), shall be guilty of an offence: Penalty, a fine not exceeding fifty thousand ringgit or an imprisonment not exceeding three years or both such fine and imprisonment, and in a case of a continuing offence, a fine not exceeding two thousand ringgit for each day the offence continues.
[Ins. by A119]
*Roughly 20.1168 and 10.0582 metres respectively - see the Weights and Measures Act 1972 [Act 71]

39. Cultivation.
(1) (a) land alienated for agricultural purposes shall be subject to the implied condition that within nine months from the date of the issue of the document of title and, subject to the special conditions, if any, expressed therein, the proprietor shall take all reasonable steps preparatory to bringing such land under cultivation.
(b) Where the area is not more than * one hundred acres, the whole shall be brought into cultivation within three years.
(c) In cases where the area exceeds * one hundred acres, one-fifth of the total area shall be brought under cultivation during each successive year until the whole have been brought under cultivation.

(2) There shall be implied in every document of title land alienated for agricultural purposes that the land shall be managed in a husbandlike manner according to the principles of good husbandry and that due regard shall be had to the conservation of natural resources.
*Roughly 40.4686 hectares - see the Weights and Measures Act 1972 [Act 71]

39A. Special conditions implied on alienated for agricultural purposes.
(1) Whenever any land is alienated for agricultural purposes, the following implied conditions shall apply thereto--
(a) that the land shall not at any time be used for any purpose other than agriculture; and
(b) that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in subsection (2).

(2) The purposes referred to in subsection (1)(b) are the following:
(a) agriculture
(b) (i) one dwelling house for the proprietor of the land or, where he is not a resident thereon, his agriculture tenant;
(ii) such other buildings as may be necessary for accommodating any domestic servants of the proprietor or of his agriculture tenant or the person employed on the land in connection with the use of the land for agricultural purposes; and
(iii) such non-resident buildings as may be reasonably be required by the proprietor or his agriculture tenant for purposes connected with land used by them for agricultural purposes as may be approved by the Superintendent;
Provided that the land shall be used predominantly for agricultural purposes.
[Ins. by Ord. No.2/74]

40. Replacement of Occupation Tickets.
(1) Where land which has been included in a provisional lease issued under section 28,or in an Occupation Ticket issued under section 21 of the former land Ordinance [Cap. 27. [1948 Edition] has been surveyed to the satisfaction of the Superintendent, then, upon application being made to him by the person rightfully entitled to the land in the provisional lease or Occupation Ticket, as the case may be, or at his discretion if no such application is made, the Superintendent may issue a lease in the prescribed form in place of the provisional lease or Occupation Ticket.

(2) A lease issued pursuant to subsection (1) shall be for the balance of the term, if any, stated in the provisional lease or Occupation Ticket or, where no term is stated, for a term in accordance with prescribed rules, and shall be deemed to be subject to all charges and other interests to which the provisional lease or Occupation Ticket was subject at the time of the issue of the lease.

(3) Where a lease has been issued pursuant to subsection (1), the rent payable in respect of the land shall be liable to revision if there has been an alteration in area, but the holder of a provisional lease or Occupation Ticket shall not be entitled to any compensation because of any reduction in area which may have resulted from the survey.

(4) Any Occupation Ticket issued before the 1st day of January, 1958, in respect of land which was not immediately prior to that date either town or suburban land under the former land Ordinance shall, in the absence of any contrary intention either contained in such Occupation Ticket expressly or by necessary implication or expressed by any entry in the register kept under the former land Ordinance, be deemed to have been issued subject to a special condition that the land to which it relates should be used for agricultural purposes only.

41. Repealed.
[Repealed by Ordinance 20 of 1963].

42. Sago land.
(1) The Superintendent may in his discretion grant a lease to any native, or to any other person who has been ordinarily resident in sarawak for a period of five years out of the seven years immediately preceding the grant, of an area of land suitable for the cultivation of sago and not suitable for the cultivation of wet padi.

(2) So long as the person in beneficial occupation by way of lease or sub-lease of any area of land to which this section applies is a native, no rent, premium or other charges shall become or be payable to the Government save in respect of any area in excess of * fifteen acres held under the same title:
Provided that any person, other than a native in beneficial occupation as aforesaid, shall be liable to the Government for such rent, premium and other charges as the Superintendent may, having regard to any rules applicable made under section 213, assess.

(3) Subject to subsections (1) and (2) and to the implied condition imposed by virtue of this subsection that any area of land alienated under this section shall not be used for any purpose except the cultivation of sago, and that it shall not be cultivated except in accordance with the usual methods for cultivating sago in a proper and efficient manner, and that upon breach the Government may re-enter in accordance with the provision of section 33, such land may be freely re-alienated by way of transfer, sub-lease, charge or other disposition, other than such a licence or other disposition to a person who is not a native as would enable such person to cultivate and take the produce of such land without becoming liable for the rent and other charges due to the Government.
*Roughly 6.0702 hectares - see Weights and Measures Act 1972 [Act 71]

43. [Deleted].
[Deleted by Ord. No. 3/79].
[Former Section reads:
43. Restriction on alienation of certain lands reserved for sarawak Shell Oilfields Limited.
*(1) The area of land in Miri District, other than the Miri Town Area and any excepted area, which is bounded approximately by a line commencing at Tanjong Lobang and thence proveeding inland along the north-eastern side of the Miri hills to the confluence of the Sungei Dalam and the Miri river, thence along the bank of that river to and so as to include Lutong and thence along the seashore to Tanjong Lobang is, with the exception of such parts thereof as are already dedicated to Government or public purposes, reserved for the operation of the sarawak Shell Oilfields Limited.

For the purposes of this subsection "Miri Town Area" means that area of land described in Schedule N to the former land Ordinance [Cap 27. [1948 Edition] (added by section 16 of the land (Amendment) Ordinance, 1949) [Ordinance No. 8 of 1949.] and shown on land and Survey Department Miscellaneous Plan No. 477/37, and "excepted area" means any area which, as the result of the exercise of the powers conferred by section 98 of the former land Ordinance prior to the 1st day of January, 1958, or of the exercise of the power conferred by subsection (2), is from time to time excepted from the lands reserved to sarawak Shell Oilfields Limited under this subsection.
+(2) The ++Minister may by order published in the Gazette declare any area of land described in such order as excepted from the area of land reserved by the provisions of subsection (1) and may add to, or amend the description of, any area so excepted:
Provided that the powers conferred by this subsection shall no be exercised unless the ++Minister is satisfied that the sarawak Shell Oilfields Limited has agreed that the area of land to be included in the order should be excepted from the area of land reserved as aforesaid, or has agreed to the addition or amendment it is proposed to make.

(3) No person may erect any building of a permanent nature or plant any trees or crops upon any land within the area reserved by subsection (1) without having obtained from the Superintendent a permit for the purpose.

(4) No permit shall be issued under subsection (3) unless-
(a) the Superintendent is satisfied, after reference to the General Manager of sarawak Shell Oilfields Limited, that the issue of the permit will not interfere with the operations of that Company; or
(b) the General Manager approved of the permits being issued.

(5) Any permit issued under subsection (3) shall be substantially upon the same conditions as leases of State land with such modifications as the Superintendent may consider necessary, save that the term with any renewals thereof shall not exceed sixty years.

(6) All persons occupying land under permit shall, notwithstanding that a term of years has been named therein, do so at the pleasure of the Government and, in the event of the permit being withdrawn, such persons may only claim compensation for buildings arected or trees or crops planted to the extent of the amount stated in the permit or, if no amount is stated in the permit, the amount to be paid in compensation shall be assessed by the Superintendent and, in the event of any interested person being dissatisfied with the amount so assessed, the matter shall be submitted to arbitration in accordance with the provisions of section 212.
NOTE:
* See Definition of Miri Town Area (Vol. VII, 1958, p. 163).
+See land (Excepted Area) Order (Vol. VIII, 1958, p.164, as amended from time to time).
++Modified by Swk. L.N. 68 of 1964.

44. No title or right to be required against the Government save such right or title as may be granted under this Code.
No person shall acquire any right or title against the Government by virtue of any adverse possession, unlawful occupation or occupation under temporary licence, and no right or title shall be acquired against the Government, save such right or title as may be lawfully granted under this code.
PART IV - RESUMPTION OF land

45. Surrender.
(1) Any registered proprietor, of land holding directly from the Government may, with the approval of the Superintendent, given in such terms and subject to such conditions as he thinks fit, and with the written consent of every person having a registered interest therein, surrender his estate or interest in the whole or any part of the land comprised in the appropriate document of title. Upon registration of such surrender, the interest of the proprietor in the estate or interest surrendered by him shall revert to the Government.

(2) Where only part of an estate or interest has been surrendered, the necessary adjustment in any rent payable shall be made.

(3) A surrender in accordance with subsection (1) may, with the approval of the Superintendent, be made by the proprietor during the currency of any term for which the land has been alienated and a new document of title may be issued to him for the balance of such term, or for such other term as may be in accordance with rules made hereunder, subject to such conditions as may be imposed by the Superintendent and subject to such registered charges and other interests as may affect the estate or interest surrendered on the date of the surrender.

46. Purposes for which land may be resumed.
land may be resumed by the Government whenever it is required for any of the following purposes-
(a) the planning, establishment, extension, improvement, development and re-development of towns, bazaars, growth centres, housing estates, sites for industries, factories, trade and commerce, or the provision of accommodation for workers employed by factories and in industrial estates, the provision and establishment of public parks and green, open spaces, public amenities or recreational facilities;
[Subs. by A78]

(b) the provision of residential accommodation for any section or class of the community including the officers, servants or employees of the Federal or State Government and the families and employees thereof;
[Am. Reprint Commissioner]

(c) the provisions or improvement and development of roads and means of communications and any public utility or public service, whether undertaken or managed, or to be undertaken or managed, by the Federal or State Government or by a public body or by private enterprise or otherwise howsoever;
[Am. Reprint Commissioner]

(d) slum clearance or the resumption, with the object of improving the condition thereof, of property which is or renders other property unfit for human habitation or dangerous or injurious to health;

(e) the provision of land for aquaculture or the cultivation of agricultural crops or for research or experimental purposes in connection herewith;
[Subs. by Cap A23]

(f) the settlement or re-settlement of any community or of any section or class of the public;

(g) any work or undertaking by any person, corporation or statutory body, which in the opinion of the Minister is beneficial to the economic or social development of the State or any part thereof or to the public generally or any class of the public;
[Subs. by Cap A23]

(h) any purpose declared to be a public purpose by or under any written law either for the purpose of this code or for the purpose of any written law repealed by this code*;

(i) any purpose which the Majlis Mesyuarat Kerajaan Negeri by order signified in the Gazette may declare to be a public purpose, whether in addition, in lieu or by way of modification of any of the foregoing; and

(j) any combination of the above purposes.

*See footnote to definition of "Reserve land"
+See land code (Declaration of Public Purpose) Order, 1965 [Swk. L.N. 158/65 &36/75]

47. Power to enter and survey.
(1) Whenever the Minister decides that any alienated land or Native Customary land or Kampung Reserve is likely to be needed for any of the purposes specified in section 46, the Superintendent shall cause a public notice of the substance of such decision to be given at convenient places in such locality, and thereupon any officer or other person either generally or specially authorized by the Minister in this behalf and his servants and workmen may enter upon such land and may survey, bore, take levels, set out and mark boundaries and do all other acts necessary to ascertain whether the land is suitable for such purpose.
[Mod. Swk. L.N. 68/64.][Am. Reprint. Commissioner; Am. Act 78]

(2) As soon as conveniently may be after such entry, the Superintendent shall assess the compensation for damage resulting therefrom.

(3) Such compensation shall not become payable so far as it relates to any land which is resumed under section 48 and, if paid, shall be refunded to the Government on demand by the Superintendent.

(4) If there is any dispute as to the amount of any compensation which has become payable, the persons to whom it is payable or the apportionment of the compensation, such dispute shall, if any person interested so requires, be referred to arbitration in accordance with the provisions of section 212.

48. Declaration that land is required for a public purpose.
(1) Whenever it appears to the Minister that any alienated land or Native Customary land or Kampung Reserve is needed for any of the purposes specified in section 46, the Minister shall make a declaration to that effect.
[Am. Reprint Commissioner; Am. A78]

(2) (a) The declaration shall state the location of the land, the particular public purpose for which it is needed, its approximate area and such other details or information as may be required to identify the land, and the place where a plan thereof, prepared by the Superintendent, could be inspected.

(b) In the case of Native Customary land or Kampung Reserve, the declaration shall also state that any native customary rights or other rights to occupy the same under section 5, 6, or 7, shall be deemed to have been terminated on the date of the publication of the declaration in the Gazette, and that claims for compensation consequent upon the termination of such rights may be made in accordance with section 49.

(c) The declaration shall be published in the Gazette and posted on the notice board of the offices of the Superintendent and District Officer for the area where the land is located, and if it affects Native Customary land or Kampung Reserve, the declaration shall also be published in at least one newspaper circulating in the State.
[Subs. by Act A78]

(3) Upon the posting of such declaration an entry thereof shall be made in the Register in respect of the land affected.

49. Notices and claims.
(1) The Superintendent shall cause notices to be posted at the District Office where the land to be resumed is situated at or at such places and in such manner as he deems fit, stating that the Government intends to take possession thereof and that claims to compensation for all interests therein or rights created over such land, may be made to him in the manner prescribed in subsections (2) and (3). Such notices shall also state the particulars of the land as appears in the declaration published under section 48

(2) Every notice issued under subsection (1) shall require the person desirous to make any claim for compensation for interests or rights over the land resumed, to submit his claim in the prescribed form to the Superintendent within such period as may be stipulated in the notice, provided that such period shall not be less than fifteen days and not more than forty-five days from the date of the posting of the notice.

(3) Every person interested in the land or claiming to have rights created over the land, shall state precisely the nature of his interest or rights together with all particulars and evidence in support of his claim, and if such rights are registered in the Register of Native Rights, the particulars of registration thereof; and in regard to compensation, he shall support his claim in respect thereof with a valuation report provided by a professional valuer or any other person qualified to give valuation for land, or with such written statements to justify his claim to compensation or any rights over the land resumed.

(4) The Superintendent, if he deems necessary, shall also serve notice issued under subsection (1) on all persons known or believed to be interested in the land resumed or who have created any rights over the land, or who may be entitled to act or represent for the person so interested or having such rights. Service of such notices may be effected in such manner as may be provided under section 208.

(5) Notwithstanding any provisions to the contrary in this section, service of a notice on any person whom the Superintendent believes to have rights created over any land under section 5, 6, or 7 shall not be deemed to be an admission or an acknowledgement on the part of the Government that the person to whom the notice is addressed has any rights over such land.
[Subs. by A78]

50. Power to require further information and particulars.
(1) The Superintendent may, after receiving any claim made by any person to whom a notice has been issued under section 49(1), require such person to furnish him additional information or particulars relating to his claim or in support thereof within such period as may be stipulated in the notice.

(2) Without prejudice to the provisions of subsection (1), the Superintendent may require such person to furnish particulars of the names of all other persons having or entitled to any interests or claiming any rights in the land or any part thereof, and of the nature of such interest or rights, and of the rents or profits, if any, received or receivable on account thereof for up to seven years next preceding the date of the notice, and the names of all persons occupying or residing on the land or any part thereof, and the details of all crops and buildings on such land.
[Subs. by A78]

51. Proceedings and award by Superintendent.
(1) Upon receipt of any claim for compensation, interests and rights over any land the Superintendent shall, as soon as reasonably practicable, make a determination of such claim based on the information, particulars and evidence submitted to him under section 49 or 50 and make an award under his hand in respect of-
(a) where the land has been surveyed to the satisfaction of the Superintendent, the precise area thereof, or where the land has not been so surveyed, the approximate area;

(b) in the case of claims with regards to rights created under section 5,6, or 7, the person lawfully entitled to or having or enjoying such rights on the date of the publication of the declaration under section 48;

(c) the amount of compensation which in his opinion, to be arrived at in accordance with sections 60 and 61, should be paid by the Government for the rights and interests in the land resumed or for rights which have been terminated; and

(d) the apportionment of the compensation awarded in paragraph (c) among all persons lawfully interested in the land or having rights lawfully created over such land, provided that in the case of alienated land the apportionment of such compensation shall only be amongst persons whose interest are protected by registrations under Part VII.

(2) In the event the Superintendent deems it necessary to enquire into any claims submitted to him in accordance with section 49, he may issue a summons requiring the person making such claims and their witnesses to attend an enquiry before him, to be held on such date as may be stipulated in the notice.

(3) In the conduct of such enquiry, the Superintendent shall have the same powers, privileges and immunities as may be enjoyed by a Magistrate in civil proceedings, including powers to enforce the attendance of witnesses and to hold any person appearing before him for contempt.

(4) At the conclusion of an enquiry conducted under subsection (2), the Superintendent shall make a determination and award in respect of the matters specified in subsection (1).

(5) Where the amount of compensation has been determined and awarded in accordance with this section, if any dispute shall arise-
(a) as to the apportionment of the compensation or any part thereof or as to the persons to whom the compensation or any part thereof is payable, the Superintendent may refer such dispute for a decision of the Court; and

(b) as to the rights under section 5, 6 or 7 which have been lawfully created or enjoyed by a person, the Superintendent may refer such dispute to a Native Court for determination or ruling.
[Subs. by A78]

52. When award of Superintendent to be final.
(1) The award under section 51 shall be filed in the office of the Superintendent and shall, except as hereinafter provided, be final and conclusive evidence as between the Superintendent and the persons interested or persons making claims to rights over the land resumed, whether or not they have respectively appeared before the Superintendent at an enquiry conducted under section 51(2), of
(a) the true area and value of the land or any rights lawfully created over the same;
(b) the lawful claimants to the rights lawfully created over the land resumed or the names of the persons whose claims to such rights have been rejected;
(c) the apportionment of the compensation among the persons interested or persons having established their claims to rights lawfully created over the land resumed.
[Subs. by A78]

(2) The Superintendent shall serve a copy of his award on all persons interested or who have been served with a notice under section 49(2) to appear before the Superintendent provided that their addresses can be ascertained after reasonable inquiry, when the award is made.
[Am. by A78]

53. Power to take possession.
(1) When the Superintendent has made an award under section 51 he may take possession of the land.

(2) In cases of urgency, whenever the Minister so directs, the Superintendent, though no such award has been made, may, on the expiration of fifteen days from the date of the posting of the notices mentioned in section 49, take possession of any land, needed for any of the purposes specified in section 46. The Superintendent shall offer to the persons interested compensation for the loss of standing crops and fruit or any building. If such offer is not accepted, the value of such crops and fruitor any building shall be allowed for in awarding compensation for the land under the provisions hereinafter contained.
[Modified by Swk. L.N. 68/1964; Am. A78, Am A95]

54. Entries to be made in Register.
(1) When the Superintendent has taken possession of alienated land under section 53, the Registrar shall make an entry in the Register in respect of such land declaring that possession has been taken of the whole or, if a part only, the approximate area thereof and, after such entry has been made, shall serve a notice in writing on the person in possession of the document of title relating to such land requiring him to deliver up the same to the Registrar, and such person shall deliver up the issue document of title in accordance with the terms of such notice.

(2) Any person failing to comply with the provisions of a notice served upon him under this section shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
[Am. by A78]

(3) Upon such entry being made as in this section provided, the whole of the land or part thereof, as the case may be, shall vest in the Government.

(4) The Superintendent shall, in cases where part only of the land has been acquired, cause to be prepared documents of title for the unacquired part or parts of the land and shall, after cancellation of the existing documents of title, issue such documents of title to the persons entitled thereto.

54A. Resumption of non-titled land.
Where the Superintendent has taken possession of any Native Customary land or Kampung Reserve, such land shall be vested in the Government free of and unencumbered by any native customary rights and shall revert to the Government and if any rights over such land are registered under section 7A, an entry shall be made in the Register of Native Rights of the termination of such rights, and the land may be alienated in accordance with section 13.
[Ins. by A78]

55. Adjustment of compensation.

(1) Wherenever, on final survey of the land, a difference is found to exist between the area as surveyed and the area as found by the Superintendent under section 51, such difference shall be valued at the same rate as that at which the land has been valued for compensation in the final award, and the amount so arrived at with interest at six per cent per year from the date at which possession was taken or compensation paid shall, as the case may be, be either paid by the Superintendent or refunded by the person to whom compensation has been paid:
Provided that, where the difference found to exist on final survey does not exceed or fall short of the area, as found by the Superintendent under section 51, by more than one per cent, there shall be no further payment or refund under this section.

(2) Every refund due under this section shall be an arrear and shall be recoverable in the manner prescribed by law for the collection of arrears of rent.

56. Reference to Court.
(1) Any person interested who has not accepted the award may, by written application to the Superintendent and on payment of the prescribed fee, require that the matter be referred by the Superintendent for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested or the acceptance or rejection of any claims to any rights in the land or any part thereof resumed by the Government under this Part.
(2) The application shall state the grounds on which objection to the award is taken and at the hearing of the reference, no other ground shall be taken in argument or consideration except with special of the Court.
[Am. by A78]

(3) Every such application shall be made-
(a) if the person making it was present or represented before the Superintendent at the time when he made his award, within six weeks from the date of the Superintendent's award; and
(b) in other cases, within six weeks of the receipt of the copy of the award from the Superintendent under section 52(2) or within six months from the date of the Superintendent's award, whichever period shall first expire.

57. Superintendent's statement to the Court.
(1) In making the reference the Superintendent shall state for the information of the Court in writing under his hand-
(a) the situation and extent of the land with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to believe to have any interest or right in or have made any claims to such rights in such land and the addresses of such persons;
(c) the amount awarded for damages and paid or tendered under sections 47 and 53, or either of them, and the amount of compensation awarded under section 51;
(d) if the objection to be the amount of the compensation, the grounds on which the amount of compensation was determined; and
(e) the grounds for admitting or rejecting any claims to rights created under section 5,6 or 7 over such land;

(2) To the said statement shall be attached a Schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested or making claims to rights over the land respectively.
[Am. by A78]

58. Service of notice.
The Court shall thereupon cause a notice, specifying the day on which the Court will proceed to determine the objection and directing their appearance before the Court on that day, to be served on the following persons-
(a) the applicant;
(b) all persons interested in the objection or having made claims to rights over the land except such if any of them as have consented without protest to receive payment of the compensation awarded;
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the acceptance or rejection of any claim to right over the land the Superintendent.
[Am. by A78]

59. Appointment of assessors.
(1) The Court shall appoint two persons for the purpose of aiding the Court in determining the objection. Every person so appointed shall be legally bound to attend and serve as an assessor unless excused for some reason to be approved by the Court.

(2) If an assessors dies or becomes incapable of acting or is excused by the Court, some other person shall be appointed in his stead.

60. Matters to be considered in determining compensation.
(1) In determining the amount of compensation to be awarded for land resumed under this Part or for the termination of rights lawfully created over such land the Court shall take into consideration the following matters and no others-
[Am. by Cap. A59, A78]
(a) the market value of the date of the publication of the notification under section 47 or, if no such notification has been published, the market value at the date of the posting of the declaration made under section 48;

(b) any increase in the value of the other land of the person interested likely to accrue from the use to which the land resumed will be put;

(c) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possession of the land, by reason of severing such land from his other land;

(d) the damage, if any, sustained by the person interested, at the time of the Superintendent's taking possession of the land, by reason of the resumption injuriously affecting his other property, whether movable or immovable, in any other manner or his actual earnings;

(e) if in consequence of the resumption he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change;

(f) any improvement to the land made with the prior consent of the Superintendent after the publication of the notification under section 47(1) or the posting of the declaration under section 48(2), whichever is the date in respect of which the market value is taken in accordance with the provisions of paragraph (a); and

(g) in the case where rights over Native Customary land or Kampung Reserve have been terminated, any agreement by the Government to resettle or relocate the persons affected to any other land or buildings, if any, provided by the Government, and at any costs of resettlements or relocation which the Government has agreed to bear and pay;
[Ins. by A78]
(2) For the purposes of subsection (1)(a)-
(a) if the market value has been increased by means of any improvement made by the, proprietor or persons in occupation of the land or his predecessor in interest within two years before the notification was published under section 47(1) or, if no such notification was published, within two years before the declaration under section 48 was published, such increase shall be disregarded unless it be proved that the improvement was made in good faith and not in contemplation of proceedings for resumption of the land being taken under this Part;
[Am. by A78]

(b) when the value of the land is increased by reason of the use thereof, or of any premises thereon, in a manner which could be restrained by any Court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to the public health, the amount of that increase shall not be taken into account.

(c) the market value of the land resumed shall be deemed not to exceed the price which a bona fide purchaser might reasonable be expected to pay for the land on the basis of its existing use or in anticipation of the continued use of the land-
[Ins. by Cap. A59]
(i) for the purpose stipulated in the document of title for the land; or
(ii) having regard to category of land use endorsed on the document of title for the land under section 13(1)(d); or
(iii) in conformity with any conditions or requirements imposed by the State Planning Authority under Part X regarding the use of the land;
whichever is the lower category of use; and no account shall be taken of any potential value of the land for any other higher or more intensive use.
[Ins. by Cap. A59]
(3) [Deleted by A78].

61. Matters be disregard in determining compensation.
In determining the amount of compensation to be awarded for land resumed under this Part, or for the termination of rights lawfully created over such land the Court shall not take into consideration-
(a) the degree of urgency which has led to the resumption;

(b) any disinclination of the person interested to part with the land resumed or any rights lawfully created over the land or any part thereof ;

(c) any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;

(d) any damage which is likely to be caused to the land acquired after the date of the posting of the declaration under section 48 by or in consequence of the use to which it will be put;

(e) any increase in the value of the land resumed likely to accrue from the use to which it will be put when resumed;

(f) any outlay on additions or improvements to the land resumed which was incurred after the date of the posting of the declaration under section 48, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair;

(g) any improvements to the land made without the prior consent of the Superintendent after the publication of the notification under section 47 (1) or, if no such notification was published, any improvements made without the consent of the Superintendent after the posting of the declaration under section 48.

(h) evidence of sales of comparable properties, unless the Court is satisfied that the sales are made bona fide and not for speculative purposes and the onus of proving that the transactions are made bona fide and not for speculative purposes shall lie with the person who require the matter to be referred to the Court under section 56(1);
[Ins. by Cap. A59]

(i) any enhancement or likely enhancement in the value of the land resumed as a result of development in the neighbourhood by the provisions of roads, drains, electricity, water, sewerage or social, educational, recreational or other infrastructural facilities within seven years prior to the date of the publication of the notice under section 147 or if no such notice has been published, the date of the publication of the declaration under section 48(1) in the Gazette; or

(j) the fact that the land is Native Area land or Native Customary land if such land is within reasonable proximity to Mixed Zone land.
[Ins. by Cap. A59] [Am. by A78; Ins. by A78]

62. Rules as to the amount of compensation.
(1) Where the applicant has made a claim to compensation pursuant to any notice under section 49, the amount awarded to him shall not exceed the amount so claimed or be less than the amount awarded by the Superintendent under section 51.

(2) Where the applicant has refused to make such claim or has omitted, without sufficient reason to be allowed by the Court, to make such claim, the amount awarded by the Court may be less than, and shall in no case exceed, the amount awarded by the Superintendent.

(3) Where the applicant has omitted, for a sufficient reason to be allowed by the Court, to make such claim, the amount awarded to him by the Court may be less than or may exceed the amount awarded by the Superintendent.

(4) The provisions of this section and sections 60 and 61 shall be read and explained to the assessors by the Court before they give their opinions as to the amount of compensation to be awarded.

63. Assessor's opinion to be recorded.
The opinion of each assessor shall be given orally and shall be recorded in writing by the Court.

64. Difference of opinion.
In a case of a difference of opinion between the Court and the assessors, or either of them, the opinion of the Court shall prevail.

65. Assessor's fees.
(1) Every assessor shall be paid a fee, not exceeding one hundred ringgit a day or any part thereof for his attendance in Court.

(2) Such fee shall be paid by both the applicant and the Superintendent or any other party named as respondent to the reference. The Court shall direct the parties as to the manner in which such fees shall be paid.

(3) The Court may at any time order any party to deposit such amount in Court, as the Court shall determine, as security for payment of the fees of the assessors.

(4) Any fees paid to the assessors under this section shall be deemed to be costs of the proceedings and shall be dealt with by the Court when making the award in accordance with section 67(2).
[Subs. by A78]

66. Award to be in writing.
Every award made under this Part shall specify the amount awarded under section 60(1)(a) , the amount, if any, deducted under paragraph (b) or (f) and the amounts, if any, respectively awarded under paragraphs (c), (d), (e) and (g) of the same subsection, together with the grounds of awarding or deducting the said amounts.
[Am. by A78]

67. Costs.
(1) (a) When the amount awarded does not exceed the sums awarded by the Superintendent, the costs of all proceedings under this Part shall be paid by the applicant.

(b) When the amount awarded exceeds the sum awarded by the Superintendent the costs shall ordinarily be paid by the Superintendent but, if the Court is of the opinion that the claim of the applicant was so excessive or that he was so negligent in putting his case before the Superintendent that some deduction from his costs should be made or that he should pay a part of the Superintendent's costs, the Court may at its discretion make such order as to costs as it may think fit.

(c) If the claim of the applicant exceeds by twenty per cent or more the amount awarded, he shall not be entitled to his costs.

(d) The fee payable under section 56(1) shall be refunded if the Court awards a sum exceeding the sum awarded by the Superintendent.

(2) Every award shall state the amount of costs incurred in the proceedings before the Court under this Part and by what persons, and in what proportions, they are to be paid.
68. Appeal to the Court of Appeal.
(1) When the amount of compensation awarded or claimed is not less than fifty thousand ringgit, the Superintendent or any person interested may appeal from the decision of the Court to the Court of Appeal. No appeal shall lie from the decision of the Court in any other case:
[Am. by Fed. Act 7/64; Cap. A68]
Provided that the Court may reserve any question of law arising therein for the decision and directions of the Court of Appeal.

(2) Every appeal under this section shall be presented within the time and in the manner provided for appeals in civil matters to the Court of Appeal.
[Am. by Fed. Act 7/64; Cap. A68]

69. Payment of interest on excess compensation.
If the sum which in the opinion of the Court the Superintendent ought to have awarded as compensation is in excess of the sum which the Superintendent did award as compensation, the award of the Court may direct that the Superintendent shall pay interest on such excess at the rate of four per cent per year from the date on which he took possession of the land to the date of payment of such excess to the Court or to the person interested.

70. Application of Courts of Judicature Act, 1964.
(1) Save in so far as they may be inconsistent with anything contained in this Part, the Courts of Judicature Act, 1964 [Act 91] shall apply to all proceedings before the Court and the Court of Appeal under this Part.
[Am. by Fed. Act 7/64; Reprint Commissioner; Act 91; Cap. A68]

(2) The costs, if any, payable by the applicant may be recovered as if they were costs incurred in a civil suit and as if the award were the decree therein.

71. Payment of compensation or deposit thereof in Court.
(1) On making an award under section 51, the Superintendent shall make a written offer of the compensation awarded by him to the persons lawfully entitled thereto, according to the award, and shall pay it to them unless prevented by one or more of the contingencies mentioned in subsection (2).

(2) If they do not consent to receive it, or if there be no person competent to transfer the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Superintendent shall deposit the amount of the compensation in Court:
Provided that -
(a) any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount;
(b) no person who has received the amount otherwise than under protect shall be entitled to make any application under section 56; and
(c) nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation awarded under this Part to pay the same to the person lawfully entitled thereto.

(3) Notwithstanding anything in this section, the Superintendent instead of awarding a money compensation in respect of any land may enter into any arrangement with a person having an interest or rights therein in such a way as may be equitable having regard to the interests or rights of the parties concerned including the resettlement or relocation of any person whose rights lawfully created in Native Customary land or Kampung reserve have been terminated under this Part, to any other land provided by the Government.
[Am. by A78]

72. Payment of interest.
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Superintendent shall pay the amount awarded with interest thereon at the rate of four per cent per year from the time of so taking possession until it has been so paid or deposited.

73. Temporary occupation of waste or arable land.
(1) Whenever it appears to the Minister that temporary occupation and use of any waste or arable land are needed for any of the purposes specified in section 46, he may direct the Superintendent to procure the occupation and use of the same for such term as he shall think fit, not exceeding three years from the commencement of such occupation.
[Am. by A78]

(2) The Superintendent shall thereupon give notice in writing to the persons interested in such land of the purposes for which the same is needed and shall, for the occupation and use thereof for such terms as specified in subsections (1) and for the materials, if any, to be taken therefrom, pay to them such compensation, either in a gross sum of money or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.

(3) In case the Superintendent and the persons interested difter as to the sufficiency of the compensation or the apportionment thereof, the Superintendent shall refer such difference for the decision of the Court.

74. Power to enter and take possession.
(1) On payment of such compensation, or on executing such agreement, or on making a reference under section 73, the Superintendent may enter upon and take possession of the land and use or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the terms, the Superintendent shall make or tender to the persons interested compensation for the damage, if any, done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein.

(3) If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term and if the persons interested shall so require, the Government shall acquire the land and shall pay therefor such a sum as would have been paid by way of compensation if the land had been resumed permanently for any of the purposes specified in section 46 and, in assessing the same, the date of the notice given under section 73 shall be the material date.

75. Dispute as to condition of land.
If the Superintendent and the persons interested differ as to the condition of the land at the expiration of the term, or as to the compensation mentioned in section 74(2), or as to any matter connected with the said agreement, the Superintendent shall refer such difference to the decision of the Court.

76. Service of notice.
(1) Service of any notice under this Part shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 47, by the officer therein mentioned and, in any case of any other notice, by or by order of the Superintendent or the Court.

(2) Whenever practicable the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the Superintendent and also on some conspicuous part of the land to be resumed:

Provided that, if the Superintendent or the Court so directs, the notice may be sent by registered letter addressed to the person named therein at his last known residence address or place of business, and service of it may be proved by the production of the registration receipt. It shall be presumed that such registered letter was received by the addressee in the ordinary course of the post.

77. Obstructing survey, etc.

Whoever wilfully obstructs any person in doing any of the acts authorized by section 47(1) or section 49(1) or wilfully fills up, destroys, damages or displaces any trench or mark made under section 47(1) shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
[Am. by A78]

78. Police to enforce surrender.
If the Superintendent is opposed or impeded in taking possession under this Part of any land, he shall apply to the Commissioner of Police who shall enforce the surrender of the land to the Superintendent.
[Am. by Cap. A29]

79. Government not bound to complete acquisition.
*(1) Except in the case provided for in section 74, the Minister+ shall be at liberty to withdraw from the resumption of any land on which possession has not been taken.

(2) Whenever the +Minister withdraws from any such resumption, the Superintendent shall determine the amount of compensation due for the damage, if any, done to such land under section 47(1) and section 49(1) and not already paid for under section 47(2), and shall pay such amount to the person injured, and shall pay to the persons interested all such cost as shall have been incurred by them by reason or in consequence of the proceedings for resumption together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings.

(3) Any dispute as to the amount of compensation payable under this section shall be referred to the Court, and the provisions of this Part shall apply accordingly with such modifications as may be necessary.
*See Notifications G.N.S. 25/59 and S. 204/62
+Modified by Swk. L.N. 68 of 1964

80. Exemption from stamp duty and fee.
No award or agreement made under this Part shall be chargeable with stamp duty and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.