Saturday, July 7, 2007
PART ONE - PRELIMINARY - SS. 1 & 2 SHORT TITLE
PART I PRELIMINARY
1. Short title. This Ordinance may be cited as the Land Ordinance.
2. (Omitted under the Revised Edition of the Laws Ordinance and the Interpretation Ordinance.)
1. Short title. This Ordinance may be cited as the Land Ordinance.
2. (Omitted under the Revised Edition of the Laws Ordinance and the Interpretation Ordinance.)
3. SAVING
3. Saving. Nothing except as herein specially otherwise enacted shall affect the past operation of any written law relating to land tenure heretofore in force in the Mainland or in Labuan or of any order made or the validity or invalidity of anything done or suffered or any right,title or interest created thereunder.
4. INTERPRETATION
4. Interpretation
In this Ordinance the following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them-
“abandonment” means the failure on the part of any holder of a title to land to use such land for the purposes for which it was alienated for such period and to such extent as may be prescribed in each case;
“alienate” means to lease, or otherwise dispose of State land on behalf of the Government in consideration of the payment of such rent and of such premium, if any, as may be required;
“charge” means any charge created on land for the purpose of securing the payment of money, and also the instrument by which the charge is created;
“chargee” means the person in whose favour a charge is created, and includes the person for the time being entitled to the benefit of such charge;
“Collector” means any Collector of Land Revenue or Assistant Collector duly appointed under this Ordinance;
“country land” means all State or alienated land not included within the boundaries of a town declared under this or any previous Land Ordinance;
“Court” means the High Court;
“cultivation” with its cognate expressions means the effective use of the land for the purpose for which it was alienated;
“dealing” means any transaction of whatever nature by which land is affected under this Ordinance;
“deliver” includes to transmit by hand or post;
“Director” means the Director of Lands and Surveys or the Deputy Director of Lands and Surveys;
“foreshore” means all that land lying between the high-water mark and low-water mark of ordinary spring tides;
“guano” includes the excrement of bats and birds;
“forest produce” shall have the same meaning as that assigned to it under the
Forest Enactment, 1968;
“land” includes—
(a) the surface of the earth and all substances forming that surface;
(b) the earth below the surface and all subtances therein;
(c) all vegetation and all natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;
(d) all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and
(e) land covered by water;
“land revenue” means every sum now due or which shall hereafter become due to the Government on account of premium or rent due in respect of land and fees of any kind chargeable under this Ordinance;
“lease” means any lease of land given on behalf of the Government;
“Malay Archipelago” shall include the State of Brunei Darussalam, the State of Sarawak, the States of Malaya, the Republic of Singapore, the Republic of Indonesia and the Sulu Group of the Philippine Islands;
“memorandum” means the document recording any dealing, decision or order required to be registered under this Ordinance;
“Native Court” means the Native Court as constituted by the Native Courts Enactment, 1992;
“Native Title” means an entry in the Native Title Register or in the Field Register under Part IV;
“owner” means the individual person, incorporated company, or body corporate, for the time being registered as the lessee of State land or as the holder of land comprised in an entry in the Native Title Register or Field Register, and includes a legally appointed trustee, executor, administrator, liquidator or Official Receiver;
“prescribed” means authorised by this Ordinance;
“Register of Titles” means the files or volumes of the original titles to land;
“Registrar” means a Registrar of Titles appointed under this Ordinance, and includes a Deputy Registrar of Titles;
“rent” means whatever is to be rendered on account of the use or occupation of land, whether in money or in kind;
“sub-lease” includes a letting by the owner of land held under Part IV;
“State land” means all lands which have not been and may not hereafter be reserved for any public purpose, or which have not been and may not hereafter be leased or granted to or are not and may not hereafter be lawfully occupied by any person, and includes all lands which, at the commencement of this Ordinance, may have become or which hereafter may become forfeited by reason of any breach of the conditions on which the same have been lawfully occupied, or which have been or may hereafter be surrendered to the Government by the lawful owner thereof;
“survey” means emplacing boundary marks and making, recording or computing such measurements as are necessary to define the position of boundary marks or to establish the situation and area of any land;
“title” means any Lease, Provisional Lease, or entry in the Native Title Register or in the Field Register issued under the provisions of this Ordinance;
“Town Land” means all land included within the boundaries of a town declared under this or any previous Land Ordinance;
“transfer” used in connection with land or a charge means the passing of such land or charge by act of the owner or chargee or by order of the Collector or Director or of the Court, and also the memorandum in which such passing is recorded.
In this Ordinance the following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them-
“abandonment” means the failure on the part of any holder of a title to land to use such land for the purposes for which it was alienated for such period and to such extent as may be prescribed in each case;
“alienate” means to lease, or otherwise dispose of State land on behalf of the Government in consideration of the payment of such rent and of such premium, if any, as may be required;
“charge” means any charge created on land for the purpose of securing the payment of money, and also the instrument by which the charge is created;
“chargee” means the person in whose favour a charge is created, and includes the person for the time being entitled to the benefit of such charge;
“Collector” means any Collector of Land Revenue or Assistant Collector duly appointed under this Ordinance;
“country land” means all State or alienated land not included within the boundaries of a town declared under this or any previous Land Ordinance;
“Court” means the High Court;
“cultivation” with its cognate expressions means the effective use of the land for the purpose for which it was alienated;
“dealing” means any transaction of whatever nature by which land is affected under this Ordinance;
“deliver” includes to transmit by hand or post;
“Director” means the Director of Lands and Surveys or the Deputy Director of Lands and Surveys;
“foreshore” means all that land lying between the high-water mark and low-water mark of ordinary spring tides;
“guano” includes the excrement of bats and birds;
“forest produce” shall have the same meaning as that assigned to it under the
Forest Enactment, 1968;
“land” includes—
(a) the surface of the earth and all substances forming that surface;
(b) the earth below the surface and all subtances therein;
(c) all vegetation and all natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;
(d) all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and
(e) land covered by water;
“land revenue” means every sum now due or which shall hereafter become due to the Government on account of premium or rent due in respect of land and fees of any kind chargeable under this Ordinance;
“lease” means any lease of land given on behalf of the Government;
“Malay Archipelago” shall include the State of Brunei Darussalam, the State of Sarawak, the States of Malaya, the Republic of Singapore, the Republic of Indonesia and the Sulu Group of the Philippine Islands;
“memorandum” means the document recording any dealing, decision or order required to be registered under this Ordinance;
“Native Court” means the Native Court as constituted by the Native Courts Enactment, 1992;
“Native Title” means an entry in the Native Title Register or in the Field Register under Part IV;
“owner” means the individual person, incorporated company, or body corporate, for the time being registered as the lessee of State land or as the holder of land comprised in an entry in the Native Title Register or Field Register, and includes a legally appointed trustee, executor, administrator, liquidator or Official Receiver;
“prescribed” means authorised by this Ordinance;
“Register of Titles” means the files or volumes of the original titles to land;
“Registrar” means a Registrar of Titles appointed under this Ordinance, and includes a Deputy Registrar of Titles;
“rent” means whatever is to be rendered on account of the use or occupation of land, whether in money or in kind;
“sub-lease” includes a letting by the owner of land held under Part IV;
“State land” means all lands which have not been and may not hereafter be reserved for any public purpose, or which have not been and may not hereafter be leased or granted to or are not and may not hereafter be lawfully occupied by any person, and includes all lands which, at the commencement of this Ordinance, may have become or which hereafter may become forfeited by reason of any breach of the conditions on which the same have been lawfully occupied, or which have been or may hereafter be surrendered to the Government by the lawful owner thereof;
“survey” means emplacing boundary marks and making, recording or computing such measurements as are necessary to define the position of boundary marks or to establish the situation and area of any land;
“title” means any Lease, Provisional Lease, or entry in the Native Title Register or in the Field Register issued under the provisions of this Ordinance;
“Town Land” means all land included within the boundaries of a town declared under this or any previous Land Ordinance;
“transfer” used in connection with land or a charge means the passing of such land or charge by act of the owner or chargee or by order of the Collector or Director or of the Court, and also the memorandum in which such passing is recorded.
5. Government property in land.
5. Government property in land.
The entire property in and control of State land or land reserved for a public purpose is and shall be vested solely in the Government.
The entire property in and control of State land or land reserved for a public purpose is and shall be vested solely in the Government.
6. UNLAWFUL OCCUPATION NOT TO ESTABLISH RIGHTS
6. Unlawful occupation not to establish any rights.
(1) Notwithstanding anything to the contrary contained in this Ordinance or in any written law relating to limitation of suits in force in Sabah, no unlawful occupation of State land or land reserved for a public purpose or residential purpose or occupation under temporary licence for however long a period shall establish any right, title or interest in State land or land reserved for a public purpose or residential purpose or create any right to demand a title to such land from the Government.
(2) Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the owner or any person entitled to an interest therein, and accordingly, any written law relating to the limitation of suits in force in Sabah shall in no circumstances operate to extinguish any title or interest inland.
(1) Notwithstanding anything to the contrary contained in this Ordinance or in any written law relating to limitation of suits in force in Sabah, no unlawful occupation of State land or land reserved for a public purpose or residential purpose or occupation under temporary licence for however long a period shall establish any right, title or interest in State land or land reserved for a public purpose or residential purpose or create any right to demand a title to such land from the Government.
(2) Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the owner or any person entitled to an interest therein, and accordingly, any written law relating to the limitation of suits in force in Sabah shall in no circumstances operate to extinguish any title or interest inland.
7. CLASSIFICATION OF STATE LAND
7. Classification of State land.
State land for the purpose of this Ordinance is divided in the following classes-
(a) Town Lands.
(b) Country Lands.
State land for the purpose of this Ordinance is divided in the following classes-
(a) Town Lands.
(b) Country Lands.
8. DECLARATION OF TOWN LAND
8. Declaration of town land.
The Minister may declare any land within certain specified limits to be town land. After the date of such declaration no more land within the defined limits may be alienated, except under section 18, otherwise than in accordance with Part III.
The Minister may declare any land within certain specified limits to be town land. After the date of such declaration no more land within the defined limits may be alienated, except under section 18, otherwise than in accordance with Part III.
9. ALIENATION OF STATE LAND
9. Alienation of State land
(1) Subject to any general or special direction of the Cabinet the Director may alienate State land on such terms or in such manner as is authorised by this Ordinance and may also impose special conditions in respect thereof to be set out in the title.
(2) In particular such conditions may specify the particular product or class of products which or which alone is to be cultivated, and may forbid the cultivation of any particular product or class of products.
(1) Subject to any general or special direction of the Cabinet the Director may alienate State land on such terms or in such manner as is authorised by this Ordinance and may also impose special conditions in respect thereof to be set out in the title.
(2) In particular such conditions may specify the particular product or class of products which or which alone is to be cultivated, and may forbid the cultivation of any particular product or class of products.
10. STATE LAND TO WHOM ALIENABLE
10. State land to whom alienable.
State land may be alienated only to -
(a) an individual person or persons:
Provided that in the case of a minor an adult person shall be added as guardian;
(b) a company, body corporate or society registered or specifically exempted from registration under any written law:
Provided that it is not prohibited by its constitution from holding land;
(c) (Deleted);
(d) any other person or body which may hereafter be empowered by the Minister by rule hereunder to hold land within Sabah.
State land may be alienated only to -
(a) an individual person or persons:
Provided that in the case of a minor an adult person shall be added as guardian;
(b) a company, body corporate or society registered or specifically exempted from registration under any written law:
Provided that it is not prohibited by its constitution from holding land;
(c) (Deleted);
(d) any other person or body which may hereafter be empowered by the Minister by rule hereunder to hold land within Sabah.
11. CO-PROPRIETORS
11. Co–proprietors.
Except in the case of land held by trustees, when land is held by co-proprietors they shall be entitled to the land in undivided shares equally, unless some other proportion shall have been registered.
Except in the case of land held by trustees, when land is held by co-proprietors they shall be entitled to the land in undivided shares equally, unless some other proportion shall have been registered.
12. APPLICATION FOR STATE LAND
12. Application for State land.
Applications for State land may be made to the Director, or to the Collector, and shall be substantially in the form of Schedule III.
Applications for State land may be made to the Director, or to the Collector, and shall be substantially in the form of Schedule III.
13. ENQUIRY AS TO NATIVE RIGHTS
13. Enquiry as to native rights.
Upon the receipt of any application for unalienated country land it shall be the duty of the Collector to publish a notice calling upon any claimant to native customary rights in such land who is not yet in possession of a registered documentary title to make or send in a statement of his claim within a date to be specified in the notice. If no claim is made the land shall be dealt with as if no such rights existed.
Upon the receipt of any application for unalienated country land it shall be the duty of the Collector to publish a notice calling upon any claimant to native customary rights in such land who is not yet in possession of a registered documentary title to make or send in a statement of his claim within a date to be specified in the notice. If no claim is made the land shall be dealt with as if no such rights existed.
14. COLLECTOR TO DECIDE CLAIMS
14. Collector to decide claims.
Claims to native customary rights shall be taken down in writing by the headman or by the Collector, and shall be decided by the Collector.
Claims to native customary rights shall be taken down in writing by the headman or by the Collector, and shall be decided by the Collector.
15 .DEFINITION OF CUSTOMARY RIGHTS
15. Definition of customary rights.
Native customary rights shall be held to be -
(a) land possessed by customary tenure;
(b) land planted with fruit trees, when the number of fruit trees amounts to fifty and upwards to each hectare;
(c) isolated fruit trees, and sago, rotan, or other plants of economic value, that the claimant can prove to the satisfaction of the Collector were planted or upkept and regularly enjoyed by him as his personal property;
(d) grazing land that the claimant agrees to keep stocked with a sufficient number of cattle or horses to keep down the undergrowth;
(e) land that has been cultivated or built on within three years;
(f) burial grounds or shrines;
(g) usual rights of way for men or animals from rivers, roads, or houses to any or all of the above.
Native customary rights shall be held to be -
(a) land possessed by customary tenure;
(b) land planted with fruit trees, when the number of fruit trees amounts to fifty and upwards to each hectare;
(c) isolated fruit trees, and sago, rotan, or other plants of economic value, that the claimant can prove to the satisfaction of the Collector were planted or upkept and regularly enjoyed by him as his personal property;
(d) grazing land that the claimant agrees to keep stocked with a sufficient number of cattle or horses to keep down the undergrowth;
(e) land that has been cultivated or built on within three years;
(f) burial grounds or shrines;
(g) usual rights of way for men or animals from rivers, roads, or houses to any or all of the above.
16. PROCEDURE WHEN RIGHTS ESTABLISHED
16. Procedure when rights established.
(1) Native customary rights established under section 15 shall be dealt with either by money compensation or by a grant of the land to the claimant and in the latter case a title shall be issued under Part IV
(2) Where the Collector decides that native customary rights established under section 15 shall be dealt with by money compensation, the affected land together with all buildings, erection and crops thereon shall vest in the Government free from all encumbrances and shall be deemed to have been surrendered by the lawful claimant thereof upon such decision being made.
(1) Native customary rights established under section 15 shall be dealt with either by money compensation or by a grant of the land to the claimant and in the latter case a title shall be issued under Part IV
(2) Where the Collector decides that native customary rights established under section 15 shall be dealt with by money compensation, the affected land together with all buildings, erection and crops thereon shall vest in the Government free from all encumbrances and shall be deemed to have been surrendered by the lawful claimant thereof upon such decision being made.
17. LAND DEALINGS WITH NATIVES
17. Land dealings with natives
(1) Except with the written permission of the Minister all dealings in land between non-natives on the one hand and natives on the other hand are hereby expressly forbidden and no such dealings shall be valid or shall be recognised in any court of law unless they shall have been entered into and concluded before the 16th day of January, 1883, or in the terms of the next following clause.
(2) Any non-native desirous of purchasing land from a native shall address his application to the Secretary of Natural Resources who, if he sees fit to sanction such purchase, shall, if the native owner consent, require such native owner to execute a memorandum of surrender of the title and shall fix the premium and rent at which the land shall be leased by the Government to the applicant and such new lease shall be issued under Part II or III.
(3) Nothing in subsection (1) or (2) shall be held to prevent dealings in land between any non-native and a native who is the holder of a lease issued under Part II or Part III in respect of such land.
(4) Notwithstanding the provisions of this section and of section 64 it shall be lawful for the owner of land held under the provisions of Part IV to execute a memorandum of charge over such land in favour of the Sabah Credit Corporation incorporated under the provisions of the Credit Corporation Enactment 1981 or any bank or finance company licensed under the provisions of the Banking and Financial Institutions Act 1989, any Islamic bank licensed under the provisions of the Islamic Banking Act 1983 or any other company or body corporate approved by the Yang di-Pertua Negeri,* and in such case the Corporation, bank or other authorised person, for the purposes of the registration of any such charge or the exercise of any legal powers yested in it by the terms of such charge or under the provisions of this Ordinance in respect of such charge shall have and may exercise all the rights and powers as if such land were charged to a native and may transfer its interest under such charge or, if thereto entitled, cause the land to be transferred to any such persons as, having regard to the conditions of title, may obtain registration of such transaction.
Subleasse of Native Title to non-native.
(5) Notwithstanding the provisions of this section and of section 64, it shall be lawful for the owner of land held under the provisions of Part IV to grant a sub-lease of such land to a non-native for a term not exceeding ninety-nine years.
* “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of Enactment No. 17 of 1976.
(1) Except with the written permission of the Minister all dealings in land between non-natives on the one hand and natives on the other hand are hereby expressly forbidden and no such dealings shall be valid or shall be recognised in any court of law unless they shall have been entered into and concluded before the 16th day of January, 1883, or in the terms of the next following clause.
(2) Any non-native desirous of purchasing land from a native shall address his application to the Secretary of Natural Resources who, if he sees fit to sanction such purchase, shall, if the native owner consent, require such native owner to execute a memorandum of surrender of the title and shall fix the premium and rent at which the land shall be leased by the Government to the applicant and such new lease shall be issued under Part II or III.
(3) Nothing in subsection (1) or (2) shall be held to prevent dealings in land between any non-native and a native who is the holder of a lease issued under Part II or Part III in respect of such land.
(4) Notwithstanding the provisions of this section and of section 64 it shall be lawful for the owner of land held under the provisions of Part IV to execute a memorandum of charge over such land in favour of the Sabah Credit Corporation incorporated under the provisions of the Credit Corporation Enactment 1981 or any bank or finance company licensed under the provisions of the Banking and Financial Institutions Act 1989, any Islamic bank licensed under the provisions of the Islamic Banking Act 1983 or any other company or body corporate approved by the Yang di-Pertua Negeri,* and in such case the Corporation, bank or other authorised person, for the purposes of the registration of any such charge or the exercise of any legal powers yested in it by the terms of such charge or under the provisions of this Ordinance in respect of such charge shall have and may exercise all the rights and powers as if such land were charged to a native and may transfer its interest under such charge or, if thereto entitled, cause the land to be transferred to any such persons as, having regard to the conditions of title, may obtain registration of such transaction.
Subleasse of Native Title to non-native.
(5) Notwithstanding the provisions of this section and of section 64, it shall be lawful for the owner of land held under the provisions of Part IV to grant a sub-lease of such land to a non-native for a term not exceeding ninety-nine years.
* “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of Enactment No. 17 of 1976.
Subscribe to:
Posts (Atom)