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National Land Code (Penang and Malacca Titles) Act 1963- Part 2

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Chapter 2 Leases

61. Saving of pre-existing rights, etc.

Notwithstanding section36, every replacement lease or sublease endorsed upon the replacement title to any holding in the Interim Register under section 48 shall, except as otherwise provided therein or by this Act--

(a) be as valid and effectual as was the pre-existing lease or sublease relating to such holding immediately before the appointed day;

(b) continue to be subject to the pre-existing law regulating such lease or sublease and to all the rights and remedies available thereunder;

(c) not affect, or prejudice the enforcement of any estate, right or interest affecting or in derogation of the power to grant the pre-existing lease or sublease of such holding and subsisting or capable of arising immediately before the appointed day.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/62.Saving of pre-existing rights, etc.

Part V EFFECT OF INTERIM REGISTRATION

Chapter 3 Mortgages and Charges

62. Saving of pre-existing rights, etc.

(1) Notwithstanding section 36, every replacement mortgage or charge endorsed upon the replacement title to any holding in Interim Register under section49 shall, except as otherwise provided therein or by section 64 or any other provision of this Act--

(a) be as valid and effectual as was the pre-existing mortgage or charge relating to such holding immediately before the appointed day;

(b) be deemed to charge such holding as security to the like extent as may be provided by such pre-existing mortgage or charge.

(2) Subject to subsection (1), the Conveyancing and Law of Property Ordinance shall continue to apply mutatis mutandis to replacement mortgages and charges registered under this Act; and for the purposes of such application, unless the context otherwise requires, where used in such Ordinance--

(a) "conveyance" includes a transfer under this Act;

(b) "mortgage" includes a replacement mortgage or charge;

(3) To the extent to which any provision of the Conveyancing and Law of Property Ordinance is inconsistent with a provision of this Act, the latter shall prevail.

63. Priorities of mortgages

Subject to this Part and to any memorial of postponement in the Interim Register, replacement mortgages and charges relating to the same holding shall as between themselves rank according to the order in which the pre-existing mortgages and charges had priority under the Registration of Deeds Ordinance or the Mutations in Titles to Land Ordinance; and subject to this Act and of any pre-existing agreement or law the first mortgagee so registered shall have the right to custody of the deeds relating to such holding.

64. Procedure on exercise of power of sale, etc.

Whenever under any provision of the pre-existing law the right to any remedy would but for this section be exercisable by a mortgagee or any person for the time being entitled to receive and give a discharge for mortgage money under any replacement mortgage or by a chargee under any charge or other right endorsed upon a replacement title under this Act, such right shall be exercised in accordance with the Fourth Schedule, and not otherwise.

65. Discharge of mortgage or charge

Upon the repayment or satisfaction of the debt secured by any replacement mortgage or charge of any holding the mortgagee or chargee shall execute a memorandum of discharge in Form H and upon the registration of such memorandum such holding shall thereupon be discharged from such mortgage or charge.

Part V EFFECT OF INTERIM REGISTRATION

Chapter 4 Trusts and Settlements

66. Trusts generally excluded from Interim Register

The Director shall as far as possible exclude from the Interim Register references to trusts, whether express, implied or constructive.

67. Pre-existing trusts, etc., to continue

Whenever any holding is subject to a pre-existing trust or settlement such trust or settlement shall, whether or not it has been registered under the Registration of Deeds Ordinance or the Mutations in Titles to Land Ordinance, remain valid and effectual on or after the appointed day:

Provided that where any provision of such trust or settlement has vested or purported to vest in any person any estate in possession, whether in trust or beneficially or for life or a term of years, such provision shall not be deemed to have vested such estate unless it has been duly registered under such Ordinance before the appointed day.

68. Where person entitled to be registered as proprietor is an infant

Whenever any person entitled to be registered as the proprietor of any holding under this Act is on the appointed day under the disability of infancy his parent or guardian shall be registered in the Interim Register as the proprietor of such holding as trustee.

69. Registration "as trustee"

(1) The Director--

(a) shall, whenever he is satisfied that pursuant to section50 or 68 any person should be registered as the proprietor of any holding as trustee; and

(b) may, whenever he is satisfied that in any other case it is proper so to do,

enter upon the replacement title of any holding in the Interim Register an endorsement that the proprietor thereof holds such land "as trustee":

Provided that where the Director is satisfied that such proprietor is a trustee for sale he shall not make any such endorsement.

(2) Any proprietor registered "as trustee" of any holding under subsection (1) shall hold such holding in trust for the persons and for the purposes for which it is applicable by law.

(3) Subject to this Act and the National Land Code, and of any caveat affecting such title or interest, neither the Director nor any person dealing with any replacement title or other interest registered in the Interim Register shall by reason of the registration of any person "as trustee" be affected with notice of any trust, express, implied or constructive; and any purchaser thereof shall not be concerned to enquire whether a dealing with the holding comprised therein is within the powers of the proprietor, but shall be entitled to assume that the proprietor has all the powers of disposition of a beneficial owner of the interest in question:

Provided that in the case of any person registered under section 50 as the proprietor for life as trustee of a holding, such powers of disposition shall not be deemed to exceed those conferred on him by or under any settlement under which such interest arises.

70. Act not to affect powers under certain laws

Nothing in this Part shall be deemed to affect the exercise of any of the powers conferred upon any person, trustee or Court under the Settled Estates Ordinance and the Trustee Act 1949.

Part V EFFECT OF INTERIM REGISTRATION

Chapter 5 Easements and Restrictive Covenants

71. Registration of easements

(1) Where the Director is satisfied that a pre-existing easement affecting any holding is of such a kind that, if it were created after the appointed day, it would be an easement within the meaning of the National Land Code, he shall make a memorial thereof on--

(a) the folio of the Interim Register relating to the holding so affected; and

(b) the folio of the Interim Register relating to the holding for the benefit of which the easement exists.

(2) Where a memorial of an easement is made under subsection(1), the easement shall have effect as if it were an easement created under the National Land Code.

72. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

73. Public rights of way

(1) Where in the document of original title there is an indication that a holding is crossed by a road or other right of way, the area of which is excluded from the title, the Director shall excise the area of the road or, as the case may be, the right of way from the replacement title.

(2) For the avoidance of doubt it is hereby declared that land excised under subsection (1) shall become State land.

74. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

Part VI DEALINGS ON THE INTERIM REGISTER

75. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

76. Effect of registration

(1) The registration of an instrument of dealing in the Interim Register shall have the same effect as regards the indefeasibility of the title or interest thereby transferred or created as the registration of an instrument of dealing under the National Land Code.

(2) Subsection (1) shall not affect the operation of section 37; and accordingly, where a replacement title has not yet become indefeasible under Part VII, the title or interest protected by that subsection shall be only such title or interest as, having regard to section37, the transferor or creator was capable of transferring or creating.

77. Pre-executed instruments

(1) Except as provided by this section, no unregistered pre-executed instrument shall on or after the appointed day be capable of being registered or of creating, vesting or transferring any interest in a holding.

(2) Where a pre-executed instrument has before the appointed day been provisionally registered under section6 of the Registration of Deeds Ordinance, the Director shall, notwithstanding subsection 9(3) of that Ordinance--

(a) take the instrument into account provisionally in compiling the Interim Register, indicating that he has done so by a suitable use of the word "provisional"; and

(b) be deemed thereby to have entered a caveat having the same effect as a Registrar's caveat entered under the National Land Code.

(3) Where an unregistered pre-executed instrument (not being an instrument provisionally registered under section6section 6 of the Registration of Deeds Ordinance) is produced to the Director within one week after the appointed day and the Director is satisfied that the failure to effect its provisional registration under the Registration of Deeds Ordinance or its registration under the Mutations in Titles to Land Ordinance is not due to the negligence or default of the person or body presenting it, then--

(a) if the Director is satisfied that all the following conditions are fulfilled:

(i) that the boundaries of the holding to which the instrument relates have been surveyed and demarcated in the manner required by the National Land Code;

(ii) that the instrument is properly stamped; and

(iii) that all rents, premiums, fees and other sums payable in respect of or in connection with the holding, and all fees payable in respect of or in connection with the instrument, have been paid, he shall register the instrument as if it were an instrument of dealing under this Act, and the registration shall be deemed to have been effective since the appointed day; and

(b) if the Director is not satisfied, he shall enter a caveat in the relevant folio of the Interim Register, which shall have the same effect as a Registrar's caveat entered under the National Land Code.

(4) Where an instrument in respect of which a caveat is deemed to have been or has been entered under subsection (2) or (3) is presented to the Director within six months after the appointed day and the Director is satisfied with respect to the instrument that all the conditions specified in paragraph (3)(a) are fullfilled, he shall register the instrument as though it were an instrument of dealing under this Act, and the registration shall be deemed to have been effective since the appointed day.

(5) The Director may extend the period of six months for the presentation of an instrument under subsection (4) by such further period or periods as he thinks fit if he is satisfied that--

(a) the extension is necessary because of delay (not due to the negligence or default of the person or body presenting the instrument) in assessing or adjudicating stamp duty or in completing survey or the demarcation of boundaries; or

(b) it is otherwise just and equitable to do so.

(6) Nothing in the law relating to stamp duties shall be construed as requiring the Land Administrator to impound any instrument produced or presented to him in pursuance of this section.

(7) In this section--

"deed or other instrument"

excludes a trust or settlement, but includes a deed or other instrument vesting an estate in possession in accordance with a trust or settlement;

"pre-executed instrument"

means a deed or other instrument executed before the appointed day and purporting to create, vest or transfer a pre-existing interest in a holding;

"unregistered"

means not registered under the Registration of Deeds Ordinance or the Mutations in Titles to Land Ordinance.

78. Instruments to be in prescribed form

No deed or other instrument (as defined in section 77) creating, vesting or transferring or purporting to create, vest or transfer any holding or any interest therein executed on or after the appointed day and not being in a form prescribed by this Act or the National Land Code shall be registered under this Act, nor shall any such deed or instrument be effectual to create, vest or transfer any such holding or interest.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/79.Saving

79. Saving

Nothing in section77 or 78 shall be construed as preventing any unregistered instrument from operating as a contract or as affecting the operation of any judgement or award of any Court.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/80.Duties of Director

80. Duties of Director

The Director--

(a) shall not register any dealing in a holding unless--

(i) there has been produced to him by the person seeking to effect the dealing the pre-existing conveyance or other instrument on which that person relies as entitling him to do so and, where there has been a previous dealing under this Part, the copy of the relevant instrument; or

(ii) where any such conveyance or instrument is not produced, he is satisfied that there is a reasonable excuse for its non-production;

(b) (Deleted by Act No. 55 of 1965);

(c) shall not register as proprietor of any holding any person or body other than a person or body specified in section 43 of the National Land Code;

(d) shall not be bound to register any instrument unless any fees prescribed in respect thereof have been paid.

81. Procedure relating to registration

(1) An instrument of dealing relating to a holding shall not be effectual until it has been registered by--

(a) presentation to the Director with a copy thereof; and

(b) entry of a memorial thereof in the Interim Register, and upon such registration such dealing shall take effect in the manner prescribed for instruments registered in accordance with the National Land Code.

(2) After registering any dealing under subsection (1) the Director shall--

(a) return the copy of the instrument of dealing presented to him to the person by whom it was presented;

(b) endorse upon the title deeds produced to him pursuant to paragraph 80(a) the number and description of the instrument of dealing, together with its date of registration; and

(3) The copy of the instrument of dealing referred to in subsections(1) and (2) shall--

(a) take effect as though it were a conveyance or other form of pre-existing title deed;

(b) be retained by the person who presented such copy; and

(4) This section shall apply in relation to every holding entered in the Interim Register:

Provided that when the title thereto has become indefeasible pursuant to Part VII, this section shall apply thereto subject to the deletion of--

(a) the words "with a copy thereof" appearing in subsection(1);

(b) paragraph (2)(a); and

82. Dealings prior to indefeasibility

(1) (Deleted by Act No. 55 of 1965).

(2) Any person purchasing any holding or any interest therein shall, subject to this Act and until the replacement title thereto has become indefeasible pursuant to Part VII, have the same rights relating to the investigation of the pre-existing title thereto as are conferred upon a purchaser by Part II of the Conveyancing and Law of Property Ordinance:

Provided that a purchaser shall not be entitled to require a title to be deduced for a period of more than thirty years (inclusive of any period after the appointed day) or for a period extending further back than a pre-existing grant or lease by the State, whichever period shall be the shorter.

83. Dealings after indefeasibility

Whenever the title to a holding has become indefeasible under PartVII, any dealing therein shall be registered in accordance with sections 80 and 81, save that subsection92(2) shall have effect in place of paragraph 80(a).

Part VII INDEFEASIBILITY OF TITLE

Chapter 1 Investigation of Title

84. Examination of title by the Director

(1) At any time on or after the appointed day the Director may, in exercise of the powers conferred on him by this Act, call for and examine the replacement title to any holding or group of holdings in the Interim Register, and make such enquiries in relation thereto as he may consider necessary for such purpose.

(2) Upon being satisfied of the validity of any replacement title or titles referred to in subsection (1) the Director shall thereupon publish a notice in Form I--

(a) describing the holding or holdings comprised therein, and the proprietor or proprietors thereof;

(b) stating that such replacement title or titles appear to be indefeasible for the purposes of this Act; and

(c) requiring any person claiming any interest adverse to the title of the registered proprietor (and whether or not any suit, action or proceeding has been brought in respect of any such claim) to present a caveat in support of such claim within six months from the date of publication of such notice.

(3) Notwithstanding any provision of the National Land Code, any caveat presented under paragraph (2)(c) may be withdrawn or released by the person presenting it; and if it is not so withdrawn or released the Director shall as soon as possible hold an enquiry and may thereon either confirm or withdraw such caveat.

(4) When any caveat is confirmed by the Director under subsection(3) the caveatee or other person claiming any title to or registrable interest in the holding affected thereby may take such further action thereon as may be prescribed by the National Land Code.

85. Indefeasibility after twelve months' notice

Whenever in respect of any holding specified in any notice published under subsection84(2) the period of six months from the date of the publication of such notice has expired, and--

(a) no caveat has been presented thereunder; or

(b) any caveat presented thereunder has been withdrawn or released, then the title thereto shall thereupon become indefeasible within the meaning of the National Land Code.

86. Minors and persons of unsound mind

Where any claimant under paragraph 84(2)(c) or any other person who in the opinion of the Director is a necessary party to any enquiry under this Act is or appears to the Director to be a minor or a person of unsound mind, the Director may by an order in writing appoint some suitable and proper person to be the guardian of such minor or person of unsound mind for the purposes of all proceedings under this Act, and all such proceedings shall be as effective and binding upon all persons concerned as if such person had not been a minor or person of unsound mind.

87. Examination of title at the instance of a proprietor

(1) At any time on or after the appointed day any person registered in the Interim Register as the proprietor of any holding--

(a) shall upon seeking approval for any subdivision of such holding; and

(b) may at any other time with the approval of the Director,

apply for an examination of the replacement title to such holding.

(2) Every application under subsection (1) shall--

(a) be made to the Director in Form J;

(b) be accompanied by all the pre-existing deeds relating to the holding in the possession or under the control of the applicant; and

(c) be accompanied by a full abstract of title thereto prepared and certified by an advocate and solicitor and deduced for the period specified in subsection 82(2):

Provided that such abstract need not contain details of any dealings relating to such holding entered on the Interim Register.

(3) Upon receiving any application under subsection (1) the Director shall proceed to an examination of title in the manner prescribed by section 84.

(4) (Deleted by Act No. 55 of 1965).

88. Indefeasibility after twelve years on Interim Register

(1) When on the expiration of the period of twelve years next following the appointed day, which period the State Authority may, by notification in the Gazette, from time to time extend by such further period as the State Authority may consider necessary, the title to any holding has not been duly examined pursuant to this Chapter, such title shall, on and from such date, become indefeasible within the meaning of the National Land Code:

Provided that when at such time any caveat or claim presented or made under this Act is then outstanding, no such title shall become indefeasible until such caveat or claim has been disposed of or withdrawn.

(2) When the proprietor of any holding referred to in subsection(1) first deals therewith on or after the expiration of the period of twelve years next following the appointed day, he shall thereupon surrender to the Director all the documents of title and other instruments relating to such holding and in his possession or under his control.

Part VII INDEFEASIBILITY OF TITLE

Chapter 2 Certificates of Title

89. Certificate of indefeasibility

Whenever the Director is satisfied that the title to any holding in the Interim Register has become indefeasible pursuant to this Part, he shall thereupon--

(a) make such additions to or amendments in the endorsements upon the appropriate folio of the Interim Register as he may consider necessary; and

(b) place upon the Interim Register a memorial under his hand and seal that such title is, on and from such date as may be specified in such memorial, indefeasible within the meaning of the National Land Code.

90. Cancellation of pre-existing deeds

(1) Whenever a certificate has been placed upon the Interim Register pursuant to paragraph 89(b) the Director shall in the exercise of the powers conferred on him by section 9 obtain all the pre-existing deeds relating to such holding, unless these are already in his possession.

(2) Where the pre-existing deeds relating to any holding in the possession of the Director relate--

(a) only to the land comprised within such holding, the Director shall cancel each such deed by an endorsement made thereon under his hand and seal, indicating the date of such cancellation, and shall then impound such deed;

(b) also to any land not comprised within such holding, the Director shall endorse upon each such deed the note "Cancelled with respect to Holding. . . . ." under his hand and seal, indicating the date of such endorsement, and shall return such deed to the person entitled to the custody thereof:

Provided that a document of original title containing any express covenants, conditions or restrictions which were in force immediately before the appointed day shall not be dealt with as provided by paragraphs (a) and (b) until after the issue of final documents of title.

(3) Where any holding referred to in subsections (1) and (2) is subject to a replacement mortgage, charge, lease or sublease--

(a) the pre-existing deeds relating to such mortgage, charge, lease or sublease shall not be cancelled under subsection (2) and shall be deemed for the purpose of this Act and the National Land Code to continue to have effect as instruments of dealing;

(b) (Deleted by Act No. 55 of 1965).

(4) Upon making any endorsement upon any deed relating to any holding pursuant to subsection (2) the Director shall enter upon the appropriate folio of the Interim Register a memorial that the pre-existing deeds relating to such holding have been cancelled under this section.

91. Release of documents of historic interest

Where the Director is satisfied that any document or instrument impounded under paragraph 90(2)(a) is of historical interest or for any other reason should not be impounded, he may upon the application in Form K by the proprietor of, or any other person having any interest in, the holding to which such document or instrument relates deliver any such document or instrument to the applicant, and in such event shall retain such application as the authority for such delivery.

92. Advance certificate of title

(1) The Director shall, upon the completion of the procedure prescribed in relation to any holding by section90--

(a) prepare and issue to the proprietor or chargee or other person entitled to the custody thereof an advance certificate of title in Form L endorsed with particulars of any charges, leases or other interests to which such holding is subject; and

(b) cause final documents of title to be prepared in accordance with section 93.

(2) Any person who, after the issue of an advance certificate of title and before the issue of the final document of title relating to any holding, deals in such holding, shall present such certificate of title to the Registrar, together with a memorandum of such dealing; and the Registrar shall--

(a) enter such dealing by way of memorial under his hand and seal in the Interim Register;

(b) under his hand and seal endorse such memorial upon the advance certificate of title; and

(3) Notwithstanding subsection (1) the Director may, on and after the expiration of the period of twelve years next following the appointed day, in his discretion proceed to issue a final document of title to any holding without first issuing an advance certificate of title in respect thereof.

93. Final documents of title

(1) Subject to this section, final documents of title shall be prepared, issued and subsequently treated as if they were documents of title prepared and issued under the National Land Code on alienation under final title.

(2) In the preparation and issue of final documents of title--

(a) the functions of the Registrar (but not of the Land Administrator) under the National Land Code shall be exercised by the Director; and

(b) the Land Administrator shall exercise his functions under the National Land Code in accordance with such instructions as he may receive from the Director.

(3) The Director--

(a) shall enter or cause to be entered in the final document of title relating to a holding--

(i) the name of the proprietor of the holding as entered in the Interim Register; and

(ii) details of all leases, charges and other interests to which the holding is subject; and

(b) where the holding is subject to a condition of the kind mentioned in subsection 45(2), shall endorse or cause to be endorsed on the document--

(i) in the case of the condition set out in paragraph 5 of the Third Schedule, the words "First Grade"; and

(ii) in any other case, the words of the condition as they appear in the document of original title or the Third Schedule, as the case may be.

(4) The final document of title for a holding shall be issued in the form which corresponds to the replacement title entered in the Interim Register; and for the purposes of this subsection--

(a) a grant under the National Land Code corresponds to a grant (first grade) without a Mukim indication or a grant without a Mukim indication;

(b) a State lease under the National Land Code corresponds to a State lease without a Mukim indication;

(c) a Mukim grant under the National Land Code corresponds to a grant (first grade) with a Mukim indication or a grant with a Mukim indication; and

(d) a Mukim lease under the National Land Code corresponds to a State lease with a Mukim indication.

(5) When the final document of title has been prepared for a holding, the Director shall--

(a) call for and destroy the advance certificate of title; and

(b) endorse on the appropriate folio of the Interim Register a signed and dated certificate to the effect that--

(i) the advance certificate of title has been destroyed; and

(ii) the title has been continued in the final document of title (which shall be specified).

(6) No issue document of title shall be issued until subsection(5) has been complied with.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/94.Interpretation

Part VIII PROVISIONS RELATING TO MALACCA

Chapter 1 Preliminary

94. Interpretation

(1) In this Part, unless the context otherwise requires--

"certificated land"

means any customary land subject to Chapter 3 of this Part;

"certificated person"

means any person to whom a certificate has been issued under section 104, or who, not being a Malay, is deemed to be a proprietor under paragraph 99(c);

"customary landholder"

means a person who, immediately before the appointed day, was registered under the Ordinance as the holder of customary land;

"customary land"

means land which, immediately before the appointed day, was customary land within the meaning of the Ordinance and includes land in respect of which the title had been endorsed under subsection 109a(2) and land re-alienated or otherwise disposed of under subsection 109b(3);

"Malacca Customary Land Register"

has the meaning assigned by section 102;

"Malacca Customary Land company"

means a company incorporated pursuant to any written law for the time being in force in relation to companies--

(a) all members of which are Malays;

(b) the articles of association of which prohibit the transfer of its shares to any person who is not a Malay; and

and a Malacca Customary Land company, as so defined, shall, for the purpose of this Part, be deemed to be a Malay;

"Malay"

means a person who professes the religion of Islam, habitually speaks Malay language, conforms to Malay custom and--

(a) was before Merdeka Day born in the Federation or born of parents one of whom was born in the Federation, or was on that day domiciled in the Federation; or

(b) is the issue of such a person;

"Ordinance"

means the Malacca Lands Customary Rights Ordinance of the Straits Settlements as in force in the State of Malacca immediately before the appointed day, and repealed by section96;

"State Authority"

means the Yang di-Pertua Negeri of the State who shall act in accordance with the advice of the State Executive Council or a member thereof acting under the general authority of the Council.

(2) (Deleted by Act A731).

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/95.Application

95. Application

This Part shall apply only to the State of Malacca.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/96.Repeal

96. Repeal

The Malacca Lands Customary Rights Ordinance is repealed.

97. Special provision relating to the Naning Custom

Whenever the Land Administrator is satisfied that any land in the Malacca Customary Land Register is subject to the Naning custom, he shall endorse the appropriate folio of the Register with the words, "Naning custom".

98. Finality of certain boundaries

Where the boundary of any holding has been or is deemed to have been finally ascertained or confirmed under the Ordinance, or where the proprietor or mortgagee of any such holding or any of his predecessors in title has, by any conveyance or other instrument or in any enquiry under this Act dealt with or accepted the boundaries of such holding as surveyed under the Ordinance, such boundary shall be deemed for the purposes of this Act to be final and conclusive and shall not be called in question in any proceedings under this Act.

Part VIII PROVISIONS RELATING TO MALACCA

Chapter 2 Application of the National Land Code

99. Effect of repealing the Ordinance

(1) On and after the appointed day customary landholders shall continue to be deemed to have a permanent and transferable right of occupancy in their customary land, but otherwise--

(a) shall cease to hold their customary land subject to and in accordance with the Ordinance; and

(b) shall hold their customary land subject to and in accordance with this Part and the National Land Code.

(2) In the application of the National Land Code to customary land--

(a) the land shall be deemed to be land alienated before the commencement of the Code;

(b) the landholder shall be deemed to be a proprietor within the meaning of the Code; and

Provided that this Part shall prevail over the Code in the event of inconsistency:

Provided further that no title in the Malacca Customary Land Register shall become indefeasible in accordance with the National Land Code unless the name of the proprietor or the names of all proprietors has or have been entered therein on the appointed day or pursuant to a claim made under section 53 or pursuant to any order of the Board or of the Court.

100. Saving relating to incomplete proceedings

Where any act or proceeding has, before the appointed day, been lawfully commenced but not completed under the Ordinance it may be continued and completed under any corresponding provision of the National Land Code:

Provided that where any form in Schedule A of the Ordinance has been duly executed but not presented or, if presented, has not been duly registered before the appointed day, then such presentation or registration or both may be made after the appointed day and such form shall be deemed to be a prescribed form for the purposes of this Act.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/101.Rent

101. Rent

The assessment payable in respect of any customary land under sections 32 to 36 of the Ordinance immediately before the appointed day shall, subject to subsection (2), continue in force thereafter and shall be deemed to be the rent due thereon under the National Land Code, and shall be payable and recoverable in accordance with such Code.

(2) The State Authority may, within a period of three years beginning with the appointed day, alter any assessment referred to in subsection (1) in accordance with section 33 of the Ordinance (notwithstanding its repeal), and such assessment shall thereupon be deemed for the purposes of the National Land Code to be the rent fixed on the land on which any such assessment is imposed, and shall not thereafter be revised except under and in accordance with such Code.

102. Malacca Customary Land Register

Subject to this section, the Mukim Register kept under the Ordinance shall continue in existence after the appointed day, but shall be known as the Malacca Customary Land Register.

(2) As and when it is expedient to do so, the Land Administrator shall prepare and issue documents of title under the National Land Code in continuation of the titles entered in the Malacca Customary Land Register and, in doing so, shall follow as nearly as may be the procedure prescribed by the National Land Code in respect of land held on a Mukim grant for the issue of final title in continuation of final title to land as a whole:

Provided that--

(a) sections 166to 169 of the Code shall not apply; and

(b) no fee shall be chargeable.

(3) The Land Administrator shall register an instrument of dealing with respect to a holding of customary land--

(a) where title in continuation has not yet been issued under subsection (2), by entering a memorial of the dealing (the memorial being signed and dated and otherwise in such terms as the Land Administrator considers appropriate) in the Malacca Customary Land Register and filing the instrument; and

(b) where title in continuation has been so issued, in the manner provided by the National Land Code.

(4) Registration under paragraph (3)(a) shall be deemed to be, and shall be as effective as, registration under the National Land Code.

(5) The Malacca Customary Land Register shall be maintained separately from all other registers relating to land in the State.

103. Mortgages of customary land

Upon the appointed day every pre-existing charge by way of legal mortgage of any customary land duly registered under the Ordinance shall be deemed to be a charge duly registered under the National Land Code:

Provided that--

(a) subject to paragraph (b), every such charge shall continue to be subject to all the express and implied conditions thereof subsisting immediately before the appointed day;

(b) notwithstanding any express or implied condition referred to in paragraph (a), the National Land Code shall apply to the discharge of any such charge and in relation to any remedies of the chargee thereunder;

(c) notwithstanding the National Land Code, it shall be an implied condition of any charge deemed to be registered under this section that no chargee or other person shall have any right to enter into possession thereunder if he is not competent to hold such land under this Part.

Part VIII PROVISIONS RELATING TO MALACCA

Chapter 3 Certificated Lands

104. State Authority may declare a person to be a certificated person

(1) Whenever the State Authority is satisfied that any person who is not a Malay is entitled to or otherwise should be registered as the proprietor of any customary land (otherwise than by way of succession pursuant to paragraph 105(b) he may issue a certificate to such person, specifying the name of such person and the land in respect of which such certificate is issued.

(2) Whenever any certificated person presents to the Land Administrator any certificate referred to in subsection (1) the Land Administrator shall record such person in the appropriate folio of the Malacca Customary Land Register as the proprietor of the land specified therein, and shall endorse such folio in the manner prescribed by paragraph 105(c).

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/105.Certificated land

105. Certificated land

Where any certificated person is registered as the proprietor of any customary land--

(a) he shall not by reason of his status as a certificated person be deemed to be entitled to be registered as the proprietor of any customary land other than that to which he may be entitled under paragraph 99(c) or any certificate issued to him under section 104;

(b) he shall have a permanent and hereditable right to the ownership of such land, and upon his decease such land shall be transmissible according to the law for the time being in force relating to succession;

106. When land ceases to be certificated land

Whenever any certificated land at any time, whether by transfer, succession or otherwise becomes registered in the name of any Malay, the Director shall thereupon cancel the endorsement referred to in paragraph 105(c), and such land shall thereupon cease to be certificated land.

Part VIII PROVISIONS RELATING TO MALACCA

Chapter 4 Restrictions in Use and Interest

107. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/108.Limitation

108. Limitation

(1) Subject to Chapter 3, the following provisions shall apply to land subject to this Part:

(a) no such land may at any time be transferred, leased, transmitted or charged to any person other than a Malay. For this purpose "lease" does not include a tenancy for a term not exceeding three years or a lease for a term exceeding three years but not exceeding thirty years;

(aa) no tenancy or lease granted in respect of any such land to any person other than a Malay may at any time be transferred to any person other than a Malay; and no subtenancy or sublease of whatever form or duration shall be granted to any person in respect of any such land from any tenancy or lease granted to any person other than a Malay;

(b) no lien by deposit of the issue document of title for any such land as security for a debt shall be capable of being created in favour of any person other than a Malay, and no caveat in support of such lien by deposit shall be capable of registration under the National Land Code;

(c) no caveat, not being a caveat as is referred to in paragraph (b) or a Registrar's caveat under the National Land Code, against the title for any such land shall be capable of registration under the National Land Code in any case where the caveator is not a Malay, or in any case where the caveator is acting as agent, his principal is not a Malay;

(d) every trust or alleged trust, whether such trust be express, implied or constructive, which purports to be created in respect of any such land by the proprietor in favour of or for the benefit of any person who is not a Malay shall be null and void and shall be incapable of being enforced by any Court;

(e) no grant of probate or letters of administration shall operate to vest any such land in any executor or administrator who is not a Malay;

(f) no power of attorney or any form of agency in respect of the land shall be capable of being granted to, or created in favour of any person who is not a Malay.

(2) Notwithstanding paragraph (1)(a), land subject to this Part may be charged to any person or body specified in the Sixth Schedule or transferred to any person or body specified in the Seventh Schedule.

(3) For the purposes of paragraph (1)(e) the Public Trustee or Official Administrator shall be deemed to be a Malay.

(4) Any transfer, lease, transmission or charge contrary to paragraph (1)(a) shall not be valid for the purpose of registration under this Part and shall not be capable of registration under the National Land Code.

(5) No action for breach of contract shall lie in respect of any dealing in or disposal of or any attempt to deal in or dispose of any land subject to this Part contrary to subsection (1) and no rent paid in pursuance of such dealing or attempt shall be recoverable in any Court.

(6) The State Authority may from time to time, by order published in the Gazette, add to, delete from or amend the Sixth Schedule or the Seventh Schedule.

108a. Liability of land to forfeiture where a Malacca Customary Land company ceases to be such

If at any time whilst a customary land is owned by, charged or leased to, or is otherwise held in the name of, a Malacca Customary Land company pursuant to paragraph 108(1)(a), such company ceases to be a Malacca Customary Land company as defined in subsection 94(1)--

(a) the land shall become liable to forfeiture to the State Authority; and

(b) except in a case where action for the purpose of restoring the company as a Malacca Customary Land company is first required to be taken under section 108b, the Land Administrator shall proceed with the enforcement of the forfeiture in accordance with section108c.

108b. Summary action to secure restoration of the status of a Malacca Customary Land company

(1) Where--

(a) any customary land is liable under section 108a to forfeiture to the State Authority; and

(b) it appears to the Land Administrator that action is capable of being taken by the Malacca Customary Land company in question within a reasonable time to restore itself as a Malacca Customary Land company,

the Land Administrator shall serve, or cause to be served, on the company a notice in Form "M" in theFirst Schedule in the First Schedule specifying the action required to be taken in this regard and calling upon it to take such action within the time therein specified.

(2) Upon the service of any notice under subsection(1), the Land Administrator shall endorse, or cause to be endorsed, on the register document of title to the land in question a note to the effect that action is being taken under this section in respect of the land.

(3) If the notice under subsection (1) is complied with, the note endorsed under subsection (2) shall be cancelled and the land shall not be forfeited under section108a .

(4) If the notice under subsection (1) is not complied with, the Land Administrator shall take action in accordance with section 108C.

108c. Action to enforce forfeiture

(1) Subject to section 108b, the Land Administrator shall take action under this section whenever any customary land is liable to forfeiture under section 108a.

(2) The Land Administrator shall--

(a) cause a notice in Form "N" in the First Schedule to be served on the company; and

(b) cause a copy of that notice to which there shall be appended the additional notice set out in the supplement to that to be served on--

(i) any person or body having a registered interest affecting the land (including a charge of any lease or sublease thereof);

(ii) any person or body having a lien over the land or over any lease or sublease thereof;

(iii) any person or body in occupation of any part thereof under any tenancy exempt from registration; and

(iv) any person or body having a claim protected by caveat affecting the land or any interest therein.

(3) Upon the service of a notice under subsection (2), the Land Administrator shall endorse, or cause to be endorsed, on the register document of title to the land in question a note to the effect that action is being taken under this section in respect of the land.

(4) Upon the date, and at the time and place, specified in such notice, the Land Administrator shall hold an enquiry and on the conclusion thereof--

(a) if it appears to him that the company has restored itself as a Malacca Customary Land company, he shall so declare by order, and shall cancel or cause to be cancelled any note endorsed under this section or section 108b;

(b) if it appears to him just that further time should be allowed for enabling the company to restore itself as a Malacca Customary Land company, he shall make an order specifying the action to be taken for that purpose, and the time within which it is to be taken; or

(5) If the order under paragraph (4)(b) is complied with, the Land Administrator shall cancel or cause to be cancelled any note endorsed under this section or section108b.

(6) If the said order is not complied with, the Land Administrator shall, on the expiry of the period specified therein, make a further order declaring the land forfeit to the State Authority.

108d. Forfeiture to take effect upon notification in the Gazette

(1) As soon as may be after the making of an order under section 108c with respect to any land, the Land Administrator shall publish in the Gazette a notification of forfeiture in Form "O"in the First Schedule, and upon such publication, the forfeiture shall take effect as mentioned in section 109b.

(2) Copies of any notification published under subsection(1) shall--

(a) be affixed in a conspicuous position--

(i) on the land and in the Penghulu's office or balai in the area in which the land is situated; and

(ii) in that area, on such court-houses and mosques (if any) and in such markets and other public places (if any) as the Land Administrator thinks fit; and

(b) where the State Authority considers that publication in a newspaper is desirable, be published in such newspaper circulating in the State as the Land Administrator thinks fit, and the Land Administrator shall, as soon as may be after the notification is published, register or cause to be registered a memorial thereof upon the register document of title to the land in question.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/109.Right of re-entry

109. Right of re-entry

(1) All land subject to this Part shall be deemed to be subject to a right of re-entry on behalf of the State Authority upon any breach of or default in the observance of this Part or of any conditions created or implied thereunder; and such right shall be exercised in accordance with and shall be subject to the National Land Code, as if such breach or default related to any condition implied or imposed thereunder.

(2) Where a right of re-entry is exercised on behalf of the State Authority under this section in respect of any land subject to this Part, an endorsement of the re-entry shall be made in the Malacca Customary Land Register, and in the case of a title endorsed under subsection 109a(2), in the respective register, against such land.

(3) (Deleted by Act A649).

(4) (Deleted by Act A649).

109a. Application for endorsement of title as Malacca Customary Land

(1) Any proprietor of any alienated land who is a Malay may, with the consent of every person having a right or interest therein apply to the State Authority to have the title to the land endorsed as a Malacca Customary Land.

(2) Upon approval by the State Authority under subsection(1), the Registrar or the Land Administrator shall endorse or cause to be endorsed a note thereof on the register and issue documents of title to the land to which it relates.

(3) Upon endorsement thereof on the register and issue documents of title, the land shall be subject to this Part.

109b. Effect or re-entry

(1) Where re-entry on any land subject to this Part is effected under section 109, forfeiture shall be deemed to have taken effect in respect of that land and--

(a) the land shall revert to, and vest in, the State Authority freed and discharged from all titles and interests subsisting or capable of arising immediately before the forfeiture took effect; and

(b) there shall also vest in the State Authority, without payment of compensation and subject to any provision to the contrary in the document of title to the land in question, or, as the case may be, the lease, the licence or permit in question, all buildings on the land (by whomsoever erected) other than any of temporary construction and capable of removal.

(2) The land shall not be re-alienated or otherwise disposed of to any person who is not a Malay or to a statutory authority, body or corporation which is not specified in the Seventh Schedule.

(3) Where any such land is re-alienated or otherwise disposed of to a Malay or to a statutory authority, body or corporation specified in the Seventh Schedule, it shall be deemed to be customary land.

(4) The land so re-alienated shall be held in perpetuity and the title shall be registered in the Malacca Customary Land Register.

109c. Effect of surrender

Whenever any customary land is surrendered to the State Authority pursuant to the National Land Code, the land shall revert to and vest in the State Authority as State land, and section 109b shall apply as if the land had reverted pursuant to a forfeiture.

Part IX NATURAL RIGHTS

110. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

111. Omitted or Deleted Section

(Deleted by Act No. 55 of 1965).

112. Special rights of certain riparian proprietors

The proprietor of any holding which under section 30 is deemed to follow the line of a survey traverse, whether made before, on or after the appointed day, or the line of any permanent structure, may on and after the appointed day as of right and without payment of any fee therefor divert water from any river on which such holding abuts to the like extent to which he may lawfully have made any such diversion prior to the appointed day:

Provided that the power conferred by this section may be exercised only to the extent that the rights of other lawful users of water from such river are not thereby affected.

Part X GENERAL

113. Offences and penalties

(1) Any person who--

(a) fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procuring of any document of title or other instrument, or of any entry in the Interim Register, or any alteration or erasure of or addition to any entry in the Interim Register, or in any instrument or form issued by the Director;

(b) after a requisition in writing made by any officer pursuant to paragraph 9(1)(b), without reasonable excuse refuses or neglects--

(i) to produce any deed or document in his possession or under his control or to allow such deed or document to be inspected by such office; or

(ii) to give information as to the whereabouts of any deed or document or the person in whose custody any deed or document may be;

(c) fraudulently uses or assists in fraudulently using or is privy to the fraudulent using of any instrument or form purporting to be issued or authorized under this Act;

(d) knowingly misleads or deceives or fails to comply with any lawful request of any person authorized by this Act to obtain information in respect of any land or holding; or

(e) fraudulently removes from the Interim Register any part thereof, or causes any defacement, obliteration, mutilation or unauthorized entry or alteration to be made thereto;

(f) (Omitted by virtue of Act No. 26 of 1965), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding three years or to both.

(2) No proceeding or conviction for any act punishable under subsection (1) shall affect any remedy which any person aggrieved or injured by such act may be entitled to against the person who committed such act or his estate.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/114.Rules

114. Rules

(1) The Minister may, after consultation with the Yang di-Pertua Negeri, make rules for carrying out or giving effect to the purposes of this Act and, without prejudice to the generality of such power, may by such rules provide for--

(a) the powers and duties of officers appointed or exercising any powers conferred by or under this Act;

(b) the practice of any office or department of the Government of the Federation or the State in relation to matters arising under this Act;

(d) the forms of instrument to be used under this Act;

(e) the amendment of the First Schedule;

(f) subject to section 117, the fees, if any, to be charged for any matter or thing to be done under this Act, the method by which such fees shall be accounted for and disposed of, and the circumstances in which such fees may be dispensed with or remitted;

(g) prescribing anything required by this Act to be prescribed;

(h) the procedure and practice relating to the presentation and registration of instruments under this Act;

(i) the issue in cases of loss or destruction of duplicate certificates and other documents used for the purposes of this Act;

(j) the disposal of any registers, titles and other documents the validity or operation of which has pursuant to this Act ceased or become extinguished.

(2) All rules made under this section shall be published in the Gazette of the State.

115. Service of notices,etc.

Any notice, summons or other process to be served under this Act may be served in the manner prescribed for the service of notices, summonses and other processes under the National Land Code.

116. Saving of rights of Land Administrator, etc.

Nothing in this Act shall affect the right of the Land Administrator or of any other person or authority empowered by any written law to enter on any land subject to this Act under any power or authority conferred by such written law.

117. Surveys to be free of charge

No fee shall be charged in respect of any survey undertaken by or on behalf of the Director of Survey for the purpose of this Act (not being a survey consequential upon the exercise by a proprietor in respect of his holding of a power conferred by the National Land Code).

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/118.Repeal

118. Repeal

(1) The Ordinances set out in the FifthSchedule are repealed to the extent therein specified:

Provided that--

(a) such Ordinances shall remain in force for the purpose of determining the nature and extent of any pre-existing interests;

(b) such Ordinances shall be repealed without prejudice to the validity of any boundaries finally ascertained and confirmed or confirmed thereunder, or of any maps or plans prepared or validated under the authority thereof;

(c) except to such extent as they may be inconsistent with this Act, the repealed provisions of the Conveyancing and Law of Property Ordinance shall not be repealed in relation to any dealing in any holding until the title thereto has become indefeasible pursuant to this Act.

(2) (Deleted by Act No. 55 of 1965).

(3) On the appointed day all the registers, books, indexes and other records in the possession or under the control of the Registrar of Deeds of the State immediately before the appointed day under any Ordinance repealed by subsection (1) shall vest in the Director for the purposes of this Act.

119. Power of the Minister to make orders

(1) The Minister may, after consultation with the State Authority, by order--

(a) make such modifications in any pre-existing law in force in the State and relating to land which is not repealed under section118 as appear to him necessary or expedient for the purpose of bringing such law into accord with this Act;

(b) extend to the State the Small Estates (Distribution) Act 1955 [Act 98], and make such modifications therein as appear to him necessary or expedient for the purpose of bringing that Act into accord with this Act and enabling it to be fully operative in relation to the State;

(d) (Deleted by Act No. 55 of 1965);

(e) make such further or other provision as he may deem necessary or expedient for the purpose of removing any difficulties occasioned by the enactment of this Act.

(2) In paragraphs (1)(a) and (b) "modification" includes amendment, addition, adaptation and repeal.

(3) Any order made under this section shall be published in the Gazette of the State and shall be presented to the Legislative Assembly as soon as may be after publication; and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such order is so presented annulling the order or any part thereof as from a specified date, such order or such part thereof, as the case may be, shall thereupon become void as from such date, but without prejudice to the validity of anything previously done thereunder or to the making of new orders.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/120.Searches

120. Searches

(1) Any person may, on payment of such fee and subject to such conditions as may be prescribed, inspect and take notes of or extracts from--

(a) the Interim Register or any instrument of dealing or application presented or made to or in the custody of the Director; or

(b) the former registers and any document of original title or pre-existing deed which is in the possession or under the control of the Director.

(2) The Director may refuse to make the Interim Register available for inspection under subsection (1) where he is satisfied that, by reason of the pressure of business or otherwise, it would be difficult or inexpedient to do so:

Provided that, if he makes such a refusal in respect of a person who is a bona fide prospective purchaser of a holding, he shall issue to that person on request (without any charge other than the fee payable under that subsection) a copy of the relevant folio of the Interim Register made by photographic or other suitable means.

(3) Subject to subsection (6), any person may apply to the Director for an official search of the former registers and the Interim Register in respect of any holding, and where any such application is made--

(a) the applicant shall supply in writing such particulars of the proposed search as are required by the Director; and

(b) the Director, on receipt of the particulars and the prescribed fee, shall cause the search to be made and shall issue to the applicant a certificate of the result of the search of the former registers; and either--

(i) a certificate giving, with the necessary modifications, the same information as a certificate issued under section 385 of the National Land Code; or

(ii) if he thinks fit, a copy of the relevant folio of the Interim Register made by photographic or other suitable means.

(4) Subject to subsection (6), any person may apply to the Director for a copy of the folio of the Interim Register relating to a holding, and on receipt of an application in that behalf and the prescribed fee the Director shall issue to the applicant a copy of the relevant folio made by photographic or other suitable means.

(5) Certificates and copies issued under this section shall be signed and sealed by the Director and shall be receivable in legal proceedings as prima facie evidence of the matters contained therein.

(6) This section shall cease to apply in relation to a holding when its title becomes indefeasible under this Act.

(7) In this section "the former registers" means all registers, books, records, indexes and other documents formerly in the possession or under the control of the Registrar of Deeds of the State which are in the possession or under the control of the Director as a result of the operation of this Act.

121. Title in continuation and procedure on subdivision

(1) While a holding is included in the Interim Register, title in continuation may be issued as follows:

(a) title in continuation to the holding as a whole may be issued when the Director decides with respect to the relevant folio of the Interim Register--

(i) at the time when he makes any entry thereon, that there is insufficient space for the making of further entries; or

(ii) at any time, that the folio can by reason of its physical condition no longer be used;

(b) title in continuation may be issued on subdivision as provided by subparagraph (2)(b)(ii);

(c) title in continuation may be issued on any changes being made to the lot number of any holding under section 396 of the National Land Code; and

(d) title in continuation shall consist of a fresh folio or folios, as the case may be, which shall replace and shall be in the same form as the original folio.

(2) Where, in relation to a holding included in the Interim Register, a subdivision has been approved under Chapter 1 of Part Nine of the National Land Code and the title has become indefeasible under section 85, then--

(a) if the survey of the subdivisional portions is not complete, the Director shall cause the final document of title to the holding to be issued as soon as reasonably possible; and

(b) if the survey of the subdivisional portions is complete, the Director shall either--

(i) prepare and issue final documents of title for each of them; or

(ii) if he is requested to do so by the proprietor of the holding, prepare and issue title in continuation for each of them in the Interim Register.

(3) Where the Director prepares and issues final documents of title under subparagraph (2)(b)(i), he shall act as nearly as may be in accordance with the procedure prescribed by section 93, making such modifications as are necessitated by the fact that, in consequence of the subdivision, more than one final document of title are to be issued for the subdivided holding.

122. Provision relating to State land, municipal streets,etc.

Notwithstanding Part III, the Director shall not be required to enter in the Interim Register any State land, or any public street, public canal or public bridge, or any stream or river, or any back-lane, which immediately before the appointed day was vested in or set apart for the purposes of the Government of the State, the City Council of George Town, the Municipal Councillors of the Town and Fort of Malacca or any local authority.

123. Transitional provisions relating to certain mortgages,etc.

(1) Any pre-existing agreement, covenant or undertaking to enter into a mortgage, charge or statutory mortgage of any land in the State shall, in relation to any period commencing on the appointed day, be construed and may be enforced as an agreement, covenant or undertaking, as the case may be, to enter into a charge of such land pursuant to the National Land Code.

(2) Any pre-existing memorandum of lien or charge registered under section 8 of the Registration of Deeds Ordinance shall be deemed to be and shall be entered upon the appropriate folio of the Interim register as a caveat subject to the National Land Code.

(3) Nothing in this Act shall be deemed--

(a) to prejudice or to derogate from the rights of any equitable mortgagee or chargee under any pre-existing equitable mortgage or charge; or

(b) to prevent the presentation by any person and the registration under the National Land Code of any caveat arising out of any pre-existing deed or other instrument referred to in subparagraph77(i), or out of any pre-existing equitable mortgage or charge.

(4) From the appointed day any pre-existing agreement to convey land in the State shall be construed and may be enforced as an agreement to transfer the land under the National Land Code.

124. Transitional provision relating to subdivision of certain lands

(1) Where any holding has, prior to the appointed day, been the subject of a subdivision effected by the conveyance of a part or parts of the holding, and the conveyed part or parts and the residue of the holding (if any) have not on the appointed day been delineated on a plan certified by or on behalf of the Director of Survey as lots delimited (except as otherwise provided in sections29 and 30) by right-line boundaries, then the Director may, if he is satisfied--

(a) that a plan of such subdivision has been deposited with the Registrar of Deeds before the appointed day, or with the Director on or within one month after the appointed day; and

(b) that such subdivision has been approved by any State or local authority charged with responsibility for the approval of such subdivision for the purposes of any law relating to local government or town and country planning, open a folio of the Interim Register in respect of each conveyed part and the residue of the holding (if any), and the conveyed part or parts and the residue (if any) shall, subject to this section, thereupon each be deemed to be a single holding for the purposes of this Act.

(2) Whenever any folio of the Interim Register is opened pursuant to subsection (1) the Director shall endorse each folio with the words "Subdivision under section124", and every such endorsement shall be deemed to constitute notice that the area and boundaries of the holding comprised therein have not been surveyed for the purposes of this Act.

(3) The Director shall, upon being satisfied that the holding comprised in any folio referred to in subsection (2) has been duly surveyed for the purposes of this Act, cancel the endorsement made upon such folio under the said subsection.

(4) The Director may exercise his powers under subsections(1), (2) and (3) in respect of any other holding if he is satisfied that--

(a) specific areas of such holding were, on the appointed day, being occupied by the respective registered co-proprietors; and

(b) each occupied area is referred to in a document of original title in the possession of the co-proprietor or co-proprietors:

Provided that no approval of the plan for subdivision shall be necessary for the purpose of this subsection or for the purpose of authorizing the survey of the new holdings so created.

(5) Notwithstanding the definition of the word "holding" in subsection4(1), the Director may exercise powers under subsections (1), (2) and (3) in respect of any unsurveyed land which represents the combined areas of two or more holdings if he is satisfied that such act is necessary for or in connection with the registration of a pre-executed instrument.

(6) No folio in the Interim Register may be opened by the Director under subsection (1) for any part of the said unsurveyed land unless the following conditions are satisfied:

(a) that the amalgamation of two or more holdings has been duly approved by the proper authority before the appointed day; and

(b) that the application for amalgamation survey has been lodged with the appropriate authority.

Unannotated Statutes of Malaysia - Principal Acts/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 Act 518/NATIONAL LAND CODE (PENANG AND MALACCA TITLES) ACT 1963 ACT 518/First Schedule