Saturday, July 7, 2007

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.

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.

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.

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.

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.

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.

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.