slo cap. 68

8/8/2019 SLO Cap. 68

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CHAPTER 68CHAPTER 68CHAPTER 68CHAPTER 68

LANDLANDLANDLAND

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ARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONS

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PART 1PART 1PART 1PART 1

PRELIMINARYPRELIMINARYPRELIMINARYPRELIMINARY

Section

1. Short title.

2. (Omitted).

3. Saving.

4. Interpretation.

5. Government property in land.

6. Unlawful occupation not to establish any rights.

7. Classification of State land.8. Declaration of Town land.

9. Alienation of State land.

10. State land to whom alienable.

11. Co-proprietors.

12. Application for State land.

13. Enquiry as to Native Rights.

14. Collector to decide claims.

15. Definition of Customary rights.16. Procedure when rights established.

17. Land dealings with Natives.

18. Temporary titles.

19. Survey.

20. Boundaries how determined.

21. Date of commencement how determined.

22. Land revenue to be paid before issue of title.

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23. Title to convey surface rights only.

24. Minerals reserved to the Government.

25. Birds' nests and guano reserved.

26. River and seashore reserves, and ridges of hills.

27. Amount of compensation.

28. Reserves for public or residential purpose.

29. Implied obligations in titles.

30. Specific rights reserved.

31. Implied conditions in titles. (incl.R.O.W.)

32. Revision of rent.

33. Fulfilment of conditions.

34. Breach of conditions.

35. Non-enforcement of conditions not to constitute waiver.

36. Abandoned land.

36A Reversion where owner is absent from the State.

37. Reversion where no representative.

38. Surrender of title. (see S.112)39. Combination of titles.

40. Sub-division of titles.

41. Appeal. (S.41(2))

42. Revision

43. Enforcement of orders.

44. Powers to enforce attendance of witnesses.

45. Copies of documents to be evidence.

46. Yang di-Pertua Negeri may make rules.

47. Appointment of Officers

PART IIPART IIPART IIPART II

COUNTRY LANDSCOUNTRY LANDSCOUNTRY LANDSCOUNTRY LANDS

48. Form of lease

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49. Collector may authorise occupation pending survey.

50. Terms for Country Land.

51. Premium.

52. Sale by auction in certain cases.

53. Cultivation.

54. Land to be used for Agricultural purposes only.

PART IIIPART IIIPART IIIPART III

Town LTown LTown LTown Landsandsandsands

55. Town Land to be alienated by auction.

56. Terms and conditions of auction and land tenure to beapproved by Minister.

57. Form and Term of lease.

58. (Repealed)

59. Use of land

60-63. (Repealed)

PART IVPART IVPART IVPART IV

Native LaNative LaNative LaNative Landsndsndsnds

64. Application limited to lands held by natives.

65. Customary tenure.

66. Rights and obligations of customary tenure.

67. Native Title Register.

68. Field Register.

69. Claims to land based upon customary tenure.

70. Applications for State land.

71. Rent payable.

72. Rent due on 1st.January

73. Mutations of title to be registered.

74. Succession to land.

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75. Exchange of title.

76. Communal titles.

77. Sub-division of communal title.

78. Native Reserves.

79. Restriction on alienation in Reserve.

80. Proclamation of settlement.

81. Native claims to be sent to Settlement Officer.

82. Settlement Officer to register and decide claims.

83. Compensation or resumption by Government.

84. Unclaimed land to become State land.

85. Compulsory registration of title.

86. Power of Collector and Settlement Officer.

PART VPART VPART VPART V

REGISTRATIONREGISTRATIONREGISTRATIONREGISTRATION

87. Application of this Part.

88. No title or claim to land valid unless registered.89. Meaning of term registration.

90. Titles to be in duplicate.

91. Separate Register to be kept.

92. Continuation of titles.

93. Register of Memorials.

94. Notice of all changes to be given to Collector.

95. Place of registration.

96. Presentation.97. Attestation.

98. Power of attorney.

99. Rejection of memorandum.

100. Registration how effected.

101. Memorandum to be filed.

102. Return of title.

103. Priority.

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104. Form of memorandum.

105. Proviso for sub-leases.

106. Undivided Share and undivided part.

107. Transfer of charged land.

107A. Release of one of several titles charged.

108. Transfer of charge.

109. Satisfaction of charge, how effected.

110. Satisfaction in case of absence of chargee from Sabah.

111. Sale of land on application by chargee.

112. Registration of surrender or cancellation of title.

113. Consent to surrender by chargee or sub-lessee.

114. Registration of title by executors, etc.

115. Change of name.

116. Caveat

117. Rectification of title.

118. Rectification of Register.

119. Rectification by the Director

120. Loss of title121. Delivery of titles for cancellation or endorsement.

122. Inspection of Registers.

123. Official searches.

124. Certified copies.

PART VIPART VIPART VIPART VI

125-129. (Repealed)

PART VIIPART VIIPART VIIPART VII

COLLECTION OF LAND REVENUECOLLECTION OF LAND REVENUECOLLECTION OF LAND REVENUECOLLECTION OF LAND REVENUE

130. Application of Part.

131. Proviso for Native Titles.

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132. Rent when due.

133. Rent revenue how recoverable.

134. 'Arrear' and 'defaulter'.

135. Proceedings for recovery of arrear.

136. Attachment of property.

137. Attachment of property may be dispensed with.

138. Proceedings against land.

139. Notice of sale.

140. Land to be auctioned.

141. Power to stop sale.

142. Procedure if sufficient bid not made. Land to revert to

Government.

143. Application of proceeds of sale.

144. Sale when final.

145. Default of payment and resale.

146. Title conferred on purchaser.

147. Notice to deliver title.

148. Penalty for dishonest and fraudulent use of title.149. Application to Court against attachment.

150. Recovery through Court.

PART VIIIPART VIIIPART VIIIPART VIII

DEMARCATION AND SURVEYDEMARCATION AND SURVEYDEMARCATION AND SURVEYDEMARCATION AND SURVEY

151. Application of Part.

152. General Powers under this Part.

153. Notice to procure attendance.

154. Clearing of boundary lines.

155. Compensation for injury done on clearance.

156. Notice to persons to give information or to produce documents.

157. Boundary marks to be erected.

158. Power to re-erect and repair boundary marks.

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159. Duties of headmen.

160. Removal of or interference with survey and land marks.

161. Collector may order boundaries to be defined.

162. Duties of Director

163. Survey fees.

PART IXPART IXPART IXPART IX

TRESPASSES AND PENALTIESTRESPASSES AND PENALTIESTRESPASSES AND PENALTIESTRESPASSES AND PENALTIES

164. Information of unlawful occupation.165. Removal of unlawful occupants.

166. Penalties for unlawful occupation.

167. Penalty for unlawful grazing.

168. Penalties for other offences.

169. Recovery of expenses.

170. Penalties not otherwise provided.

171. Encroachment on road. etc. may be abated.

171A. Penalties for breach of provision, term or condition, etc.

172. Repeal.

SCHEDULES.

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CHAPTER 68CHAPTER 68CHAPTER 68CHAPTER 68

LANDLANDLANDLAND

To regulate the alienation and occupation of State lands.

[13th December, 1930]

PPPPART IART IART IART I

PRELIMINARYPRELIMINARYPRELIMINARYPRELIMINARY

1. This Ordinance may be cited as the Land Ordinance. SHORT TITLE

2. (Omitted under the Revised Edition of the laws Ordinance and the InterpretationOrdinance.)

3. Nothing except as herein specially otherwise enacted shall affect the pastoperation of any written law relating to land tenure heretofore in force in theMainland or in Labuan or of any order made or the validity or invalidity of anythingdone or suffered or of any right, title or interest created there-under. SAVING.

4. In this Ordinance the following terms shall, if not inconsistent with the context orsubject matter, have therespective meanings hereby assigned to them;INTERPRETATION

"abandonment" means the failure on the part of any holder of a title to land to usesuch 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 theGovernment in consideration of the payment of such rent and of such premium, ifany, as may be required;

“agricultural purpose” includes the cultivation of any crop (including treescultivated for the purpose of their produce), herbs, market gardening, the breedingand keeping of honey-bees, livestock and reptiles, and aquaculture or anycombination thereof;

"charge" means any charge created on land for the purpose of securing thepayment of money‚ and also the instrument by which the charge is created;

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"chargee" means the person in whose favour a charge is created, and includesthe person for the time being entitled to the benefit of such charge;

"Collector" means any Collector of Land Revenue or Assistant Collector dulyappointed under this Ordinance;

"country land" means all State or alienated land not included within theboundaries of a town declared under this or any previous Land Ordinance;

"Court" means the High Court;

“cultivation” means the use and maintenance of the land for the purpose forwhich it was alienated ;

"dealing" means any transaction of whatever nature by which land is affectedunder this Ordinance;

"deliver" includes to transmit by hand or post;.

"Director" means the Director of Lands and Surveys or the Deputy Director ofLands and Surveys;

"guano" includes the excrement of bats and birds;

"foreshore" means all the land lying between the high-water mark and low-watermark of ordinary spring tides;

"forest produce" shall have the same meaning as that assigned to it under theForest Enactment, 1968;

"land" includes -

(a) the surface of the earth and all substances forming that surface;

(b) the earth below the surface and all substances therein;

(c) all vegetation and other natural products, whether or not requiring theperiodical application of labour to their production, and whether on or belowthe surface;

(d) all things attached to the earth or permanently fastened to anythingattached to the earth, whether on or below the surface; and

(e) Land cover by water.

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"land revenue" means every sum now due or which shall hereafter become dueto the Government on account of premium or rent due in respect of land and feesof 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 ofSarawak, 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 orderrequired to be registered under this Ordinance;

"Native Court" means the Native Court as constituted by the Native CourtsOrdinance Enactment, 1992;

"Native Title" means an entry in the Native Title Register or in the Field Registerunder 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 alegally 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, andincludes a Deputy Registrar of Titles;

"rent" means whatever is to be rendered on account of the use or occupation ofand, 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 bereserved for any public purpose, or which have not been and may not hereafter beleased or granted to or are not and may not hereafter be lawfully occupied by anyperson, and includes all land which, at the commencement of this Ordinance, mayhave become or which hereafter may become forfeited by reason of any breach ofthe conditions on which the same have been lawfully occupied, or which havebeen or may hereafter be surrendered to the Government by the lawful ownerthereof;

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"survey" means emplacing boundary marks and making, recording or computingsuch measurements as are necessary to define the position of boundary marks orto establish the situation and area of any land;

"title" means any Lease, Provisional Lease, or entry in the Native Title Register orin the Field Register issued under the provisions of this Ordinance;

"Town Land" means all land included within the boundaries of a town declaredunder this (S.8) or any previous Land Ordinance;

"transfer" used in connection with land or a charge means the passing of suchland 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 isrecorded.

5. The entire property in and control of State land or land reserved for a publicpurpose is and shall be vested solely in the Government. GOVERNMENT PROPERTY IN LAND

6. (1) Notwithstanding anything to the contrary contained in this Ordinance or inany written law relating to limitation of suits in force in Sabah, no unlawfuloccupation of State land or land reserved for a public purpose or residentialpurpose 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 publicpurpose or residential purpose or create any right to demand a title to such landfrom Government.

(2) Adverse possession of land for any length of time whatsoever shall notconstitute a bar to the bringing of any action for the recovery thereof by the owneror any person entitled to an interest therein, and accordingly, any written lawrelating to the limitation of suits in force in Sabah shall in no circumstances operateto extinguish any title to, or interest in, land. UNLAWFUL OCCUPATION NOT TO ESTABLISH ANY RIGHTS.

7. State land for the purpose of this Ordinance is divided in the following classes --CLASSIFICATION OF STATE LAND.

(a) Town Lands.(b) Country Lands.

8. 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 bealienated except under section 18 (T.O.L.), otherwise than in accordance with PartIII. DECLARATION OF TOWN LAND .

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9. (1) Subject to any general or special direction of the Cabinet the Director mayalienate State land on such terms or in such manner as is authorised by thisOrdinance and may also impose special conditions in respect thereof to be set outin the title. ALIENATION OF STATE LAND.

GN.632/1996

DIRECTIONS UNDER SECTION 9(1)

In exercise of the powers conferred upon it under subsection (1) of section 9 of the Land Ordinance, the Cabinet hereby gives the Director of Lands and Surveys directions on the alienation of State land as follows:

1. In respect any land application for a Native Title, State land may only be alienated with the recommendation of the Assistant Collector of Land of the district where the land is situated in the following cases:

a. Where in pursuance of section 16 of the Land Ordinance alienation is made to any claimant of native customary rights established under section 15 of the said Ordinance;

b. Where alienation is made in respect of any land for an area not exceeding 6 hectares:

Provided that the location of the land applied for is such that it is easily accessible for the purpose of its development and survey:

And provided further that the said application is not part of a block application for State land exceeding 20 hectares; and

C. Where alienation is made in respect of any Land application for an area falling within a pre-planned scheme prepared by Lands and Surveys Department. Native Title (not exceeding 6 hectares) Revenue etc.

2. In respect of any land application for-

a). a Country Lease, and

b). a native Title exceeding 6 hectares

State land for the hectarage specified in the first column hereunder may only be alienated with the approval of the authority specified against it in the second column hereunder:

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(1) (2)

i. 50 hectares District and below Land (agricultural, Utilisation aquacultural, Committee fisheries and animal husbandry only)

ii. 50 hectares Chief and below Minister (for purpose other than those

stated in item (1))

iii. Exceeding 50 Chief hectares but Minister below 250 hectares (for all purposes)

iv. 250 hectares Cabinet and above (for all purposes)

3. These directions shall be deemed to have come into force on 18th June, 1996.Commencement

Dated this 23rd day of October, 1996

(2) In particular such conditions may specify the particular product or class ofproducts which or which alone is to be cultivated, and may forbid the cultivation ofany particular product or class of products.

10. State land may be alienated only to -- STATE LAND TO WHOM ALIENABLE.

(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 fromregistration under any written law,

Provided that it is not prohibited by its constitution from holding land;

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(c) (deleted)

(d) any other person or body which may hereafter be empowered by the Ministerby rule hereunder to hold land within Sabah.

11. Except in the case of land held by trustees, when land is held by co-proprietorsthey shall be entitled to the land in undivided shares equally,unless some other proportion shall have been registered. CO-PROPRIETORS.

12. Applications for State land may be made to the Director, or to the Collector,and shall be substantially in the form of Schedule III. APPLICATION FOR STATE LAND.

13. 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 nativecustomary rights in such land who is not yet in possession of a registereddocumentary title to make or send in a statement of his claim within a date to bespecified in the notice. If no claim is made the land shall be dealt with as if no suchrights existed. ENQUIRY AS TO NATIVE RIGHTS .

14. Claims to native customary rights shall be taken down in writing by theheadman or by the Collector, and shall be decided by the Collector. COLLECTOR TO DECIDE CLAIMS.

15. Native customary rights shall be held to be -- DEFINITION OF CUSTOMARY

RIGHTS. S.15. should be read together with S.6.]

(a) land possessed by customary tenure;

(b) land planted with fruit trees, when the number of fruit trees amounts to fiftyand upwards to each hectare;

(c) isolated fruit trees, and sago, rotan, or other plants of economic value, thatthe claimant can prove to the satisfaction of the Collector were planted or upkeptand regularly enjoyed by him as his personal property;

(d) Grazing land that the claimant agrees to keep stocked with a sufficientnumber 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 anyor all of the above.

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16. Native customary rights established under section 15 shall be dealt with eitherby money compensation or by a grant of the land to the claimant and in the lattercase a title shall be issued under Part IV.-- [Native Title] PROCEDURE WHEN RIGHTS ESTABLISHED.

17. (1) Except with the written permission of the Minister, all dealings in landbetween non-natives on the one hand, and natives on the other hand, are herebyexpressly forbidden and no such dealings shall be valid or shall be recognised inany court of law unless they shall have been entered into and concluded before the16th day of January, 1883, or in the terms of the next following clause. LAND DEALINGS WITH NATIVES.

(2) Any non-native desirous of purchasing land from a native shall address hisapplication to the Secretary of Natural Resources who, if he sees fit to sanction

such purchase, shall, if the native owner consent, require such owner to execute amemorandum of surrender of the title and shall fix the premium and rent at whichthe land shall be leased by the Government to the applicant and such new leaseshall be issued under Part II or III.

(3) Nothing in subsection (1) or (2) shall be held to prevent dealings in landbetween any non-native and a native who is the holder of a lease issue under PartII or Part III in respect of such land.

(4) Notwithstanding the provisions of this section and of section 64 it shall belawful 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 Corporationincorporated under the provisions of the Credit Corporation Enactment 1981 orany bank or finance company licensed under the provisions of the Banking andFinancial Institutions Act 1989, any Islamic bank licensed under the provisions ofthe Islamic Banking Act 1983 or any other company or body corporate approved bythe Yang diPertua Negeri, and in such case the Corporation, bank or otherauthorised person, for the purposes of the registration of any such charge or theexercise of any legal powers vested in it by the terms of such charge or under theprovisions of this Ordinance in respect of such charge shall have and may exerciseall the rights and powers as if such land were charged to a native and may transferits 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, mayobtain registration of such transaction.

(5) Notwithstanding the provisions of this section and of section 64, it shall belawful for the owner of land held under the provisions of Part IV to grant a subleaseof such land to a non-nativefor a term not exceeding thirty years. SUBLEASE OF NATIVE TITLE TO NON-NATIVE.

18. (1) The Collector may issue Temporary Occupation Licences in the form ofSchedule IV for the use of any State land for temporary purposes as may be

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specified in such licences. Any Temporary Occupation Licence issued under thissubsection shall be non-transferable and shall be subject to the payment of suchfees and to such other conditions as the Collector shall endorse on such licence.TEMPORARY TITLES.

(2) No such licence shall be issued for a longer period than three years:

Provided that the Collector may renew such licence from time to time forany period provided that no licence shall beextended so that the total consecutiveperiod of such licence, including any renewals, extends beyond three years unlessthe Director by writing under his hand agrees to such extension.

19. (1) Except as provided in sub-section (2) all lots shall be surveyed, and lines,boundary stones or other landmarks be set up and kept in repair by or at the

expense of the lessees to the satisfaction of the Collector.

(2) The survey of lots held under Temporary Occupation Licence may bedispensed with if the Collector shall think fit. SURVEY.

20. A title shall be deemed to alienate only the land within the boundaries asmarked on the ground at the time of the survey on which the title is based.BOUNDARIES HOW DETERMINED.

21. The date of commencement of any title shall be the date on which the selectionof the block of land has been approved unless otherwise expressly provided.

DATE OF COMMENCEMENT HOW DETERMINED.

22. No definitive lease or title shall be issued until survey shall have beencompleted and all expenses and fees that may be due to the Government inconnection with the land comprised in the title shall have been paid by the owner:

Provided that the Minister may in particular cases or generally permit thepostponement of payment of such expenses and fees on such conditions as hemay deem fit. LAND REVENUE TO BE PAID BEFORE ISSUE OF TITLE .

23. In the absence of any express provision to the contrary, every document of title

issued under the provisions of this Ordinance shall be deemed to vest in the holderthereof a surface right only in the land granted, and no right shall be conveyedthereby to remove beyond the boundaries of the said land, without licence anytimber or other forest produce or any earth, gravel, stones, coral, shell, guano,sand, loam or clay, or any bricks, lime, cement or other commodities manufacturedfrom the materials aforesaid. TITLE TO CONVEY SURFACE RIGHTS ONLY.

24. (1) All coal, minerals, precious stones and mineral oils are, and are deemedalways to have been, reserved to the Government‚ together with the right to enterupon any lands and to search for, win, carry away and dispose of such articles in,

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on or under the same, and to resume such portions of land as may be necessaryfor examining or working any mines or for the removal of the products thereof,upon payment of compensation‚ to the owner for damage to such lands orbuildings thereon. MINERALS RESERVED TO THE GOVERNMENT.

(2) It shall be lawful, and shall be deemed always to have been lawful, for theMinister to grant licences under this Ordinance to others to search for, win carryaway and dispose of mineral oils and to grant leases of the same, together with theright to enter upon and occupy any lands for the purpose of operations under anysuch licences or leases, and all such other rights incidental or supplementarythereto as to him may seem proper.

(3) Every such licence or lease shall be for such period and upon such terms asthe Minister may think fit, provided that such licence or lease shall be subject to the

condition that the licensee or leasee shall pay reasonable compensation for alldamage or injury to the property and rights of other persons which may be done orcaused by such licensee, leasee or his servants or agents in exercise of thepowers and liberties conferred by such licence, lease or right.

(4) In this section the expression "mineral oils" includes natural petroleum gas,bitumen, asphalt and other bituminous substances, with the exception of coal.

25. The Government reserves all edible birds' nests and guano and also the rightat all times to enter upon any land and to take, or authorise others to take, such

edible birds' nests and guano on payment of compensation for actual damagedone to the property of the owner. BIRDS' NESTS AND GUANO RESERVED .

26. (1) Unless otherwise expressly provided in any title, the entire property in andcontrol of the waters of all rivers, creeks, streams and watercourses, and of theseashore below high water mark is and shall be vested solely in the Government.

(2) The Government also has power to reserve such portion of land as may bedeemed advisable along the banks of rivers, streams or creeks, or along theseashore above high water mark‚ or along the ridges of hills. Such reservationshall be shown on all documents of title. RIVER AND SEASHORE RESERVES,

AND RIDGES OF HILLS

27. The amount of compensation payable under sections 16, 24, 25 and 30 shallbe determined, in so far as may not be inconsistent with the provisions of thesesections, in accordance with the procedure laid down in the Land AcquisitionOrdinance. AMOUNT OF COMPENSATION Cap.69.

28. (1) The Yang di-Pertua Negeri may reserve any State lands which in hisopinion are required for any public purpose or for a residential reserve. Suchreservation shall fully describe the land and the purpose for which it is reserved

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and shall be conclusive evidence that the land is reserved for a public or residentialpurpose.

(2) When any land has been reserved under this or any previous LandOrdinance and such reservation has not been revoked, every disposition thereof,except for the purpose for which such reservation was made, shall be void:

Provided that the Yang di-Pertua Negeri may, in any case in which a reservehas been created solely for the protection and furtherance of public works,authorise the officer for the time being having the control of such reserve tosanction the issue of leases by the Collector of the whole or any portion thereof, forany period not exceeding twenty-one years. Reserves for public or residentialpurpose.

(3) The Yang di-Pertua Negeri may revoke‚ any such reservation in whole or inpart:

Provided that except in the case of any reserve created solely for theprotection and furtherance of public works, there shall be no revocation unless ---

(a) notice that it is proposed to revoke such reservation together with particularsof a time and place at which persons desiring to show cause against suchevocation will be heard shall have been posted locally, and shall also havebeen published in two consecutive ordinary issues of the Gazette; and

(b) the persons attending at the time and place so appointed shall have beenheard.

29. In every title there shall, by virtue of this Ordinance, be implied, in the absenceof an express provision to the contrary, the following obligations on the part of theowner --

(a) the owner will duly pay at the time and place and to the personprescribed for that purpose, the rent specified in the title and anyother land revenue that may be or become due:

Provided that when the land is held by co-proprietors theyshall be jointly and severally liable:

(b) all landmarks by which the boundaries of such land aredefined shall be duly maintained;

(c) no portion of such land shall be used for the burial of a human bodywithout the written authority under the Burials Ordinance.

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The aforesaid obligations shall run with the land, and shall bind the owner orowners thereof for the time being and in like manner as if their name or nameswere substituted in the title for that of the original owner. IMPLIED OBLIGATIONS IN TITLES.

30. (1) The following specified rights are reserved to the Government- SPECIFIC RIGHTS RESERVED.

(a) the right at all times to take timber, earth, stone, clay, sand and otherroad-making material for the construction and repair of railways,telegraph, roads, bridges and other public works from alienated lands onpayment of compensation for the actual damage sustained by theowner;

(b) the right of making drains and sewers, constructing irrigation works andsurvey stations, laying down water pipes, erecting wires for telegraphsand other electric communications, and using, repairing and maintainingthe same upon such land without paying compensation therefor. Theofficers of the Government and all persons thereunto duly authorisedshall, at all reasonable times, have free access to such land for suchpurposes:

Provided that, where such works interfere with improvements,buildings or cultivated ground, compensation shall be allowed fordisturbance or damage and the amount of such compensation shall be

determined in accordance with the procedure laid down in the LandAcquisition Ordinance Cap. 69.

(bb) the right of constructing supply lines for conveying, transmitting, ordistributing electricity, laying down gas pipelines, fiber optic cables andany other cable for the purpose of communication in the form of sound,data, text, visual images, signals or any other form or any combination ofthose forms, constructing telecommunication network facilities, andusing, repairing and maintaining the same upon such land with paymentof full compensation to all persons interested for any disturbance,damage or disability that may be caused thereby and the amount of

such compensation shall be determined in accordance with theprocedure laid down in the Land Acquisition Ordinance [Cap. 69]. Theofficers of the Government and all persons thereunto duly authorisedshall, at all reasonable times, have free access to such land for suchpurposes;

(c) The right to authorised others to exercise the powers reserved inparagraph (a), (b)and (bb);

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(d) the right to resume without payment from any land held under aProvisional Lease or enter in a Field Register a section not exceedingtwenty metres in width for the purpose of making a public road, railway,tramway, right of way, canal, irrigation channel, aqueduct, watercourse,drain or sewer through the said in any direction provided always thatreasonable compensation‚ shall be paid to any person for any actualdamage caused to his property by exercise of such right;

(e) the right to the Collector to cause any tree on alienated land to be felled,trimmed or removed on payment of compensation for the actual damageinvolved;

(f) the right of the Collector of the district in which the land referred to issituated on payment of compensation for the actual damage involved, to

mark out over the said a road or way to provide means of approach oraccess to any State land or Forest Reserve for the purpose of theremoval therefrom of timber or other forest produce whether by a publicservant or by any person duly authorised by the Government in thatbehalf, and in such case public servants and persons duly authorised asaforesaid shall for the purpose of the removal of such timber or otherforest produce, but not otherwise be entitled to the use and benefit ofsuch road or way in the same manner and to the same extent as if thesaid road or way were a public road or way and the owner of the landshall not obstruct such use;

(g) the right to the Collector and the officers duly authorised by him to havefree access at all reasonable times to any alienated land.

(2) The amount of compensation payable under paragraphs (a), (d), (e) and (f) ofsubsection (1) shall be assessed by the Collector subject to an appeal to theDirector whose decision shall be final.

31. (1) Every title shall, by virtue of this Ordinance, be subject, in the absence of anexpress provision to the contrary, to the following implied conditions in respect ofthe land contained therein. IMPLIED CONDITIONS IN TITLES .

(a) the land revenue due in respect of such land shall be a first charge on suchland;

(b) a Provisional Lease or Field Register shall give no claim to any area occupiedin excess of the area mentioned therein;

(c) payment of rent on the area mentioned in a Provisional Lease or Field Registershall give no right to registration of a Lease or Native Title to the whole extentof that area if on survey the area is found not to be available;

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(d) any owner of alienated land, whether his title be of a date prior or subsequentto the commencement of this Ordinance, may apply to the Collector of thedistrict in which his land is situate for a right of way from his land over anyother alienated land to the nearest public road or a river or foreshore, or forpermission to construct pipeline, a drain or irrigation channel across suchland, and the Collector shall deal with the application in the mannerprescribed.

(e) any owner of alienated land shall not commence any development on landwhich shall change the use of land except with the permission of the Minister( came into effect 27 Jan 2005)

(2) The owner or occupier of any land over which a road or way shall be markedout under the provisions of subsection (1)(d) shall have no claim to

compensation‚in respect thereof otherwise than as prescribed.

(3) When a right of way has been marked out under the powers conferred bysection 30 or by this section the Collector shall have power to call for theproduction to him of any document of title involved and to endorse‚ or cause to beendorsed, on any such document of title a description and plan of such right of way.

32. (1) Subject to the provisions of the following subsections, the rent of all Statelands sold or alienated prior to or after the coming into force of this Ordinance shallbe liable to periodical revision‚ which may result in either enhancement or

reduction. REVISION OF RENT.

(2) The first revision under this section may take place on or after 1st. January,1940 and subsequent revisions may take place at successive intervals of not lessthan fifteen years.

(3) At each such revision the rent reserved to the Government in respect of anysuch land may be revised by the Collector, but in making such revision noimprovements made by the landowner or his predecessors in title shall be takeninto account.

33. (1) In the case of any owner who shall fulfilled the condition of his lease as tocultivation, there may be endorsed on his lease‚ and signed by the Director amemorandum to the effect that such condition has been fulfilled and that no furtherliability attaches to the said land in respect thereof.

(2) No memorandum endorsed on a lease under this section shall be held to baror nullify any subsequent action that may be taken under section 36 in event of theabandonment of the land held under the said lease. FULFILLMENT OF CONDITIONS.

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34. (1) In the absence of an express condition to the contrary in the document oftitle, there shall by virtue of this section be implied in every document of title thecondition that in the case of a breach or default in the observance of any of theconditions of the said title, whether expressed or implied by this Ordinance, or anyprevious Land Ordinance, the Government may re-enter upon the land heldthereunder and resume the whole or any portion thereof.

(2) The retention by an owner of land alienated under Part III or Part IV of such anarea under jungle or uncultivated as may be necessary in the opinion ofGovernment for the purpose of protecting existing cultivation or for the proper andeffectual management of the estate shall not be held to be a breach of conditionsof title within the meaning of this section. BREACH OF CONDITIONS.

35. (1) No acceptance by or on behalf of the Government of any land revenue nor

any permission to occupy in expectation of registration of title nor any omission bythe Government to enforce any right of resumption or escheat arising from thefailure of an owner to comply with the terms of any cultivation clause or othercondition of title shall be held to have operated or to operate as a waiver by theGovernment of any right of forfeiture or resumption or escheat accruing by reasonof any breach of or default in the observance of any term or condition expressed orimplied to which such title or permission may be subject. NON- ENFORCEMENT OF CONDITIONS NOT CONSTITUTE WAIVER.

(2) This section shall apply to all titles whether issued prior to or after the date ofthis Ordinance.

36. (1) When any land or portion of any land held under this Ordinance shallappear to the Collector to have been abandoned by the owner thereof for threeyears or upwards notwithstanding that rent may have been paid during the wholeor any part of such period, the Collector with the sanction of the Minister maydeclare, by a notice substantially in the form of Schedule V published three timesat least in the Gazette, served, if possible, upon the owner and posted on the landor in places of public resort in the district, that if the cultivation or occupation ofsuch land or such portion thereof as may be specified is not resumed within sixmonths‚ he will re-enter upon the land on behalf of the Government.ABANDONED LAND.

(2) At the expiration of the period so allowed the Collector shall make a report tothe Yang di-Pertua Negeri of the proceedings taken by him, which report shallcontain a description of theland, together with the boundaries thereof, and shallstate whether such cultivation or occupation shall have been resumed.

(3) Upon receipt of such report the Yang di-Pertua Negeri may declare that suchland or such portion thereof as may be specified has been resumed by theGovernment, and the same shall thereupon revert to and become the property ofthe Government:

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Provided that when cultivation or occupation has been partially or whollyresumed in a bona fide manner at the time of the report mentioned in subsection(2), the portion of the land so cultivated or occupied shall not be liable toresumption under this section.

(4) In the absence of special conditions--

(a) agricultural land shall be deemed to have been abandoned if not kept undercultivation to the extent of one third of its area by the owner or by any person on hisbehalf;

(b) residential or shop lots shall be deemed to have be abandoned if thebuildings thereon shall have been demolished or not maintained for the period

prescribed in a habitable or usable state of repair.

36A. (1) When it shall appear to the Collector that the owner of any land has leftthe State and for a period of ten years has been absent continuously form the Stateand has failed to appoint an Attorney or an agent resident in the State in relation tothe said land, the Collector with the sanction of the Minister may, notwith- standingthat rent may have been paid during the whole or any part of such period, declareby a notice published in the Gazette to that effect and that if the owner shall fail todisprove such facts within three months, he will re-enter upon the land on behalf ofthe Government. REVERSION WHERE OWNER IS ABSENT FROM THE STATE.

(2) If at the end of the three months from the date of the publication of theGazette, the fact that the owner has left the State and has been absent from theState continuously for a period of ten years without appointing an Attorney or agentresident in the State in relation to the said land shall not disproved, the Collectorshall present to the Registrar a memorandum to that effect, and upon registrationthereof the entire property in and control of the said land shall revert to and vest inthe Government, and all rights and interests of any person thereunder shall cease.

37. (1) If the Collector shall at any time have reason to believe that there is no

owner of any land surviving, he shall present to the Registrar a memorandum tothat effect, and the Registrar shall thereupon register it as prescribed in Part V.REVERSION WHERE NO REPRESENTATIVE.

(2) within three months from the date of such memorandum the Collector shall, bya notice in the form of Schedule VI to be published in four ordinary issues of theGazette and posted, if practicable, upon the land, declare that he has reason tobelieve that there is no owner surviving and that if, by a date to be specified in thenotice, the fact that there is no owner surviving shall not have been disproved, orno proceedings shall have been instituted for the appointment of a legal

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representative or successor to the late owner, the land shall be resumed by theGovernment.

(3) the date to be specified in the notice shall be five years from the date of thememorandum mentioned in subsection(1).

(4) If upon the specified date the fact that there is no owner surviving shall nothave been disproved‚ and no proceedings shall have not been instituted for theappointment of a legal representative or successor, the Collector shall present tothe Registrar a memorandum to that effect in the form of Schedule VII, and uponregistration thereof the entire property in and control of the said land shall revert toand vest in the Government, and all rights and interests of any person thereundershall cease.

38. Land held under a title issued either before or after the commencement of thisOrdinance may at any time be surrendered to the Government in accordance withthe procedure laid down in section 112 and the document of title delivered up, andupon registration of such surrender as hereinafter provided, the land shall vest inthe Government free of all encumbrances : SURRENDER OF TITLE.

Provided that --

(a) notice of the intention to surrender shall have been served upon all personshaving interest registered against the title, and they have had an opportunity

of showing cause to the Collector why such surrender should not beaccepted; and

(b) the Collector may refuse to accept a surrender unless all arrears of rent orother land revenue that may be due from such land shall have been paid.

39. In the absence of an express condition to the contrary in the document of a titleany owner of two or more contiguous lots may, subject to the provisions of anywritten law for the time being in force relating to Town Planning or governing thesize, shape or area of land to be held under any single title, combine the same inone lot, and the title to such one lot shall be subject to such of the conditions set

forth in the documents of title to the several lots as the Director may select.COMBINATION OF TITLES .

40. (1) If the owner of any land comprised in any document of title is desirous ofdividing or partitioning such land, application shall be made to the Collector toaccept a surrender of such title and to issue new leases or make new entries in theRegister relating to the land comprised therein in such lots as the owner maydesire. The Collector shall thereupon in lieu thereof and subject to the provisions ofany written law for the time being in force relating to Town Planning or governingthe size, shape or area of land to be held under any single title, issue such titles as

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may be required, on the terms of the original title: SUB-DIVISION OF TITLES.

Provided that all arrears of rent and charges, if any, due under the original titleshall have been satisfied:

And provided further that the Director shall imposed additional premium andrent payable to the Government in respect of each of such subdivisions and shallenter such amounts on the new titles and also impose special conditions in respectthereof to be set out in the titles.

The rent, if any, reserved on each parcel shall not be less than fifty sen in thecase of a lease or twenty sen in the case of a Native Title.

(2) When land is held by co-proprietors, any one of them may claim to have a

partition of the land made:

Provided that if the land be subject to a charge or sublease no partition shall bemade unless the chargee or lessee as the case may be shall have given hisconsent to such partition.

(3) In the absence of agreement between the parties the question of partitionshall be decided‚ in the case of Native Titles by the Native Court‚ and in othercases by the Collector in accordance with rules hereunder; [Rule 13].

41. (1) An appeal shall be from any order or decision by a Collector, Surveyor or

Registrar given under this Ordinance to the Director‚ and again from any order ordecision of the Director, whether original or an appeal, to the Court: APPEAL

Provided that no appeal shall be admitted --

(a) after the expiration of thirty days from the date of the order or decisionappealed against;

(b) until the prescribed fees shall be paid;

(c) if it is expressly provided that the order or decision shall be final or in any

other form of appeal is prescribed;

(d) from any decision of the Director under section 9 [Alienation of State land] ofthis Ordinance.

(2) Except as herein expressly provided, no Court shall exercise jurisdiction as toany claim or question in respect of which jurisdiction is given by this Ordinance to aCollector or the Director. JURISDICTION OF COURTS BARRED .

42. The Director may at any time call for the record of any case heard by any

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Collector or other officer under this Ordinance and may on his own motion revise oroverrule the decision given, or make such order thereon as may appear just. Anappeal shall lie from any order given on such revision in accordance with theprovision of section 41: REVISION.

Provided that no order or decision shall be made to the prejudice of any personunless such person has been given an opportunity of being heard.

43. Any order or decision of a Collector or of the Director given under thisOrdinance may be enforced as regards monetary payments by the procedureprescribed in Part VI: [Collection of Land Revenue]: ENFORCEMENT OF ORDERS

Provided that no order for the sale of land shall be made during the pendency of

any appeal that may have been instituted under section 41. Orders affecting landshall be registered as required by Part V and may be enforced under section 121.

44. (1) For the purpose of any enquiry made by a Collector or by the Director, theCollector or Director, as the case may be, may require by a summons under hishand any person being within Sabah to attend before him and, if necessary, toproduce all documents in his possession relating to any right to or interest in suchland. POWER TO ENFORCE ATTENDANCE OF WITNESSES.

(2) The Collector or Director, as the case may be, may also examine upon oath,

or solemn affirmation‚ having the force of an oath, any person so summonedtouching any right to such land or interest in the same.

(3) Every person so summoned or examined shall be legally bound to attend asrequired by the summons, and to produce all such documents as aforesaid, and toanswer on oath or affirmation any lawful question put to him.

45. A copy of any application, letter, ocument or instrument of any kind whatsoeverrelating to any purchase, reservation, grant or title‚ in respect of land, certified ascorrect by the officer having the custody thereof, shall be admissible in evidence inevery case in which the original would be admissible. COPIES OF DOCUMENTS

TO BE EVIDENCE.

46. The Yang di-Pertua Negeri may --- YANG di-PERTUA NEGERI MAY MAKE RULES.

(a) make rules not inconsistent with the provision of this Ordinance for moreeffectually carrying out the land administration of Sabah, and in particular, butwithout prejudice to the generality of the foregoing, may by such rules makeprovision with respect to ---

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(i) the mode and manner in which applications for state land are made;

(ii) the issue of licences for the purposes of removal of articles in sections 23,24 and 25 and the regulation and control of the operations under suchlicences;

(iii) the control and management of land reserved under section 28 and 78;

(iv) the procedure for the sale of land by public auction required by or under theOrdinance to be sold;

(v) the payments to be made under licences and permits issued under theOrdinance;

(vi) the fees to be paid in connection with any matter arising under theOrdinance;

(vii) the forms to be used in connection with any matter arising under theOrdinance;

(viii) the mode and manner of collection of land revenue;

(ix) the manner and procedure for dealing with any enquiry and applicationunder the Ordinance;

(x) the mode of services of notices required to be serve under the Ordinance;

(xi) the partition of land under section 40(3);

(xii) the user of land under the Ordinance;

(xiii) the powers and duties of any officer appointed under section 47;

(xiv) offences for the contravention of such rules and penalties thereof; and

(xv) all procedural and other matters which by this Ordinance are required or

permitted to be prescribed or which are necesssary or convenient to beprescribed;

(b) add to, alter or rescind‚ any of the forms contained in the Schedules orsubstitute other forms therefor or prescribed additional forms.

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47. (1) The Minister may from time to time, by notification in the Gazette, appoint,and when appointed cancel the appointment of, a Director of Lands and Surveys, aDeputy Director of Lands and Surveys and such Land Officers, Collectors,Assistant Collectors, Surveyors, Registrars and other officers, for such district andfor such duties as he may consider necessary for carrying out the provisions of thisOrdinance and he may by such notification or by subsequent notification declarethat any duty imposed upon or power vested in any appointee under thissubsection may or shall be carried out by or exercised by any other such appointee.APPOINTMENT OF OFFICERS.

(2) In any district in which there may be one or more Assistant Collectors as wellas a Collector, every Assistant Collector shall exercise his powers and perform hisduties in conformity with the directions of the Collector.

(3) In addition to the powers conferred upon him by this Ordinance the Directormay exercise the powers of a Collector.

PART IICOUNTRY LANDS

48. Subject to any special exceptions made by the Minister in particular casesevery lease under this part shall be substantially in the form of Schedule VIII, andshall be for a term not exceeding ninety- nine years. FORM OF LEASE.

49. (1) If the immediate survey of any land is impracticable, the Collector mayauthorise the use and occupation of such land and shall thereupon issue aProvisional Lease in the form of Schedule IX subject to the conditions on which alease would ordinarily issue. COLLECTOR MAY AUTHORISE OCCUPATION PENDING SURVEY.

(2) Such document shall specify the extent and describe as nearly as may be thesituation of the land to which it relates, and after survey of the land so occupied itshall be called in and cancelled and a lease issued in lieu thereof.

50. Subject to any general or special direction by the Minister the premium, rentand other terms upon which a lease may be granted under this Part shall besubject to the approval of the Director. TERMS FOR COUNTRY LAND.

51. (1) In cases where premium is required, the situation and quality of land andthe value of the timber thereon will form the basis for calculating the amount ofpremium chargeable. PREMIUM

(2) The premium must be paid on or before the issue of the title:

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Provided that the Collector may, in his discretion‚ allow premium to be paid ininstalments over a period not exceeding six years. If default is made in the duepayment of any premium the land shall revert to the Government and any moniespaid on account thereof shall be forfeited. PAYMENT OF PREMIUM.

52. Country lands may also be disposed of in lots by public auction, the upset price,rent and other particulars being clearly stated in the conditions of sale. SALE BY AUCTION IN CERTAIN CASES.

53. (1) In all cases a bona fide commencement to bring land under cultivation mustbe made within six months from the date of the commencement of the title.CULTIVATION .

(2) In cases where the area does not exceed 40 hectares the whole area shall be

brought into cultivation within three years.

(3) In cases where the area exceeds 40 hactares but does not exceed 250hectares one-fifth of the total area shall be brought into cultivation during eachsuccessive year.

(4) In the case of lands exceeding 250 hectares the lease shall be granted inaccordance with the provisions of this Ordinance, but with such conditions as tocultivation, rent, forfeiture or otherwise as may be imposed in each case by theMinister:

Provided that in the event of the sub-division of any such lease, and thesale or transfer of any part thereof, every part so sold or transferred shall besubject to such rent per acre and to such other conditions as to cultivation,forfeiture and otherwise as the Minister may think fit in each case to impose:

And provided further that no rent shall be chargeable on sub-division ofrent-free leases.

(5) In the absence of any special condition as to cultivation, every sub-division ofany grant shall be subject to the provisions of subsection (2),(3) or (4) aboveaccording as the area of such sub- division does not exceed 40 hectares, exceeds

40 hectares but does not exceed 250 hectares or exceeds 250 hectares; and thedate from which the cultivation clause shall take effect shall be the date ofregistration of such sub-division.

(6) This section shall only apply to land held under a document of title whichcontains no special conditions‚ as to cultivation.

54. Land which has been alienated under this Part or under similar part of anyprevious Land Ordinance shall not be used for other than agricultural purposesexcept with the permission of the Minister who may impose additional premium or

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rent or add or substitute such terms and conditions as he may fit. LAND TO BE USED FOR AGRICULTURAL PURPOSES ONLY.

54A. (1) Whenever any land is alienated for agricultural purposes, there shall beimplied the condition that no building shall be erected on the land other than abuilding or buildings to be used for one or more of the purposes specified orreferred to in subsection (2).

(2) The purposes referred to in sub-section (1) are the following:

(a) one dwelling house for the owner of the land or any other person lawfully inoccupation thereof;

(b) such other buildings as may be necessary for accommodating any domestic

servants of the owner of the land or any other person lawfully in occupationthereof;

(c) such other buildings as may be necessary for accommodating personslawfully employed on the land in connection with the use of the land for agriculturalpurposes as may be approved by the Director.

55. No Town Land shall be alienated otherwise than to the highest bidder at apublic auction or auction restricted to persons declared to be competent to bidthereat: TOWN LAND TO BE ALIENATED BY AUCTION.

Provided that the Cabinet may in any particular case authorise the alienation ofsuch land without auction and in such case the terms, conditions, covenants andrestrictions applicable to such alienation shall be as the Cabinet may direct.

56. (1) No Town Land shall be auctioned unless and until -- TERMS AND CONDITIONS OF AUCTION AND LAND TENURE TO BE APPROVED BY MINISTER.

(a) the land shall have been delineated on a survey plan;

(b) the upset price (if any) of the land to be auctioned and the terms andconditions of the auction thereof shall have been approved by the Minister;

(c) the terms, conditions, covenants and restrictions applicable to suchalienation shall have been approved by the Minister; and

(d) a notice of the intended auction and of the terms and conditions thereofshall have been published in the Gazette not less than one month priorto such auction.

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(2) No Government officer having any duty to perform in connection with anyauction under this Part shall either directly or indirectly bid for, acquire or attempt toacquire any interest in the land offered at such auction without the permission ofthe State Secretary first had and obtained.

57. Subject to any special exception made by the Minister in the form or term ofany particular lease, every title to Town Land alienated under this Part shall be aTown Lease substantially in the form of Schedule VIII and shall be for a term notexceeding ninety- nine years. FORM AND TERM OF LEASE.

58. (Repealed)

59. Where Town Land has been classified under the provisions of section 58 orany former written law or made the subject of a restrictive covenant or condition as

to its use, such land shall not be used for any other purpose and any use of TownLand otherwise than in accordance with such classification, covenant or conditionshall be deemed to be a breach of condition as referred to in section 34. USE OF LAND

60-63. (Repealed.)PART IV

NATIVE LANDS

64. (1) This Part shall apply only to lands held by natives, and no non-native maypurchase any land held under this Part, unless in accordance with the terms of

section 17, or acquire any interest therein by way of charge or otherwise.APPLICATION LIMITED TO LANDS HELD BY NATIVES.

(2) Notwithstanding the provisions of any written law, any power of attorneywhereof the donee or any donee is a non-native, if it relates to any land held underthis Part, shall be null and void.

(3) In respect any country land held in Labuan under any title by any native priorto the 31st day of December, 1952, such native may, at any time not late than the1st day of February, 1954, apply in writing to the Director through the Collector forthe district of Labuan to be registered as the owner of such land by entry in the

register of Native Titles kept in the Labuan district under this Part and upon beingsatisfied that such applicant is a native and that the land is used for any of thepurposes set out in subsection (2) of section 70 the Director may, upon theregistration of a memorandum of surrender of the former title to such landexecuted by the applicant, direct the Collector for the district of Labuan to register aNative Title for such land in the name of the applicant. Every such Native Title shallbe subject to payment of an annual rent at the rate of fifty sen per acre from thedate of registration thereof and to such express conditions as may be imposed bythe Director.

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65. "Customary tenure" means lawful possession of land by natives either bycontinuous occupation or cultivation for three or more consecutive years or by titleunder this Part or under the Poll Tax Ordinance (repealed - 14/62), or Part IV of theOrdinance, 1913. CUSTOMARY TENURE. CAP.102 N.B. ORD.3/1913.

66. Customary tenure shall confer upon the holder thereunder a permanentheritable and transferable right of use and occupancy in his land subject only, inaddition to the general provision of Part I of this Ordinance to -- RIGHTS AND OBLIGATIONS OF CUSTOMARY TENURE.

(a) the duty of preparing his padi fields and planting padi, cleaning, working andcultivating his garden, orchards or sago lands in such manner as may beprescribed;

(b) the liability to give his labour free, when required by the Collector or NativeChief or Headman, for the performance of such works and duties for the commonbenefit of himself and neighbouring land holders as may be prescribed.

67. (1) A Register of Native Titles shall be kept in each district in the form ofSchedule X. NATIVE TITLE REGISTER.

(2) Any native who holds his land under customary tenure without documentarytitle may be required by order of the Collector in writing to take out title by entry inthe Native Title Register and to pay the prescribed fees for such title. TITLE FOR LAND HELD ON CUSTOMARY TENURE.

(3) A certified copy of the entry in the Native Title Register may be issued to theowner and shall be signed by the Collector and shall have marked thereon a planof land to which it refers. EXTRACT FROM REGISTER.

68. (1) If the immediate demarcation of any land is impracticable the Collector shallauthorise by entry in the Field Register in the form of Schedule XI the use andoccupancy of such land subject to the conditions which attach to the title by entry inthe Native Title Register, and may issue to the owner a copy of the entry in theField Register. FIELD REGISTER.

(2) Such entry shall specify the extent and describe as nearly as may be thesituation of the land to which it relates and, after demarcation of the land sooccupied, it shall be cancelled and an entry in the Native Title Register made in lieuthereof.

69. Claims to land based upon customary tenure shall be decided by the Collectoracting under section 82 subject to the appeal provided for in sections 41 and 84.CLAIMS TO LAND BASED UPON CUSTOMARY TENURE.

70. (1) Application for State land under this Part shall be made to the Collector, and

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shall be dealt with without delay and as far as possible in the order in which theyare received. APPLICATION FOR STATE LAND.

(2) Land which is to be or has been alienated under this Part or under similar partof any previous Land Ordinance shall not be used for other than for agriculturalpurposes except with the permission of the Minister who may impose additionalpremium or rent or add or substitute such terms and conditions as he may think fit.[READ TOGETHER WITH LAND RULE 23] USED OF LAND FOR AGRICULTURAL PURPOSES.

(3) No State land shall be alienated under this Part for an area which shallexceed twenty hectares:

Provided that the Director may, with the consent of the Secretary of Natural

Resources, alienate any area exceeding twenty hectares upon such special termsand conditions as he may think fit to impose including any conditions expressed inthe consent of the Secretary of Natural Resources. LIMIT OF AREA.

(4) When an application for the State land under this Part has been approved,bona fide cultivation shall be commenced within six months and the whole areashall be brought into cultivation within three years. In the event of failure to complywith the terms of this subsection there shall be reserved to the Government theright to re-enter on the land in question and to resume such portion thereof as arenot then under cultivation. CULTIVATION CONDITIONS.

71. Land alienated under this Part shall be free of rent for the first six years andshall thereafter be liable to an annual rent at the appropriate rate set forth in theSchedule XIA. No rent shall be payable on native reserves declared under section78 or 79: RENT PAYABLE.

Provided that in respect of any land alienated under this Part, other than landreferred to in subsection (3) of section 64 --

(a) held in the ownership of any one native the rent to be charged in respect ofany area in excess of twenty hectares shall be such amount as the Directormay fix;

(b) which has previously been alienated and improved and subsequentlysurrendered or resumed by Government, re-alienation of such land shall besubject to such premium as the Director may fix having regard to theimprovements on the land and to such rent as the Director may fix.

72. (1) All rent fall due on the first day of January in each year but no Notice ofDemand shall be issued under the provisions of Part VII in respect of any rent untilthe first day of May of the year the rent falls due. [READ TOGETHER WITH Sec.132] RENT DUE ON 1ST JANUARY.

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(2) Subject to the terms of this section the provisions to Part VII for the collectionof land revenue shall apply of land held under this Part. PART VII TO APPLY .

73. All mutations of title and dealings therewith shall be registered by the Collectorin accordance with the procedure laid down in Part V except as herein otherwisedirected, on payment of the fees prescribed for registration under this Part.MUTATIONS OF TITLE TO BE REGISTERED.

74. On the death of a native land holder the question of succession to his land heldunder this Part shall be decided in accordance with the provisions of theAdministration of Native and Small Estates Ordinance [Small Estate (Distribution)(Amendment And Extension) Act, 1972 [ACT A127] SUCCESSION TO LAND.CAP.1

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75. The owner of a native title may with the consent of the Director exchange histitle for a lease under Part II or Part III on payment of the fees prescribed for leasesunder such Part, and of such premium and rent as may be imposed in each case.[RELATED TO LAND RULE 5(4)] EXCHANGE OF TITLE

76. In cases where a claim to customary tenure of land has been established or aclaim to native customary rights has been dealt with by a grant of land and suchland is held for the common use and benefit of natives and is not assigned to anyindividual as his private property it shall be lawful for the Minister to sanction acommunal native title for such land in the name of the Collector as trustee for thenatives concerned but without power of sale. Such communal native title shall beheld to be a title under this Part, but shall not be subject to such rent as the Ministermay order. COMMUNAL TITLES.

77. A communal title may, with the sanction of the Collector, be sub-divided andwholly or in part assigned to individual owners, who shall thereupon receive nativetitles in their own names. In such cases it shall be lawful for the Collector to sign atransfer on behalf of the community. SUB- DIVISION OF COMMUNAL TITLE.

78. (1) The Yang di-Pertua Negeri may, if he thinks it necessary to protect thepresent and future interest and well-being of the natives of Sabah or anycommunity thereof, declare any area of State land, the boundaries of which havebeen surveyed, to be a Native Reserve for any purpose approved by him. NATIVE RESERVES.

(2) Every such declaration shall--

(a) fully describe the land declared to be a Native Reserve and for this purposea reference to such land by its Survey Lot number shall be taken anddeemed to be a full description thereof;

(b) state the purpose for which land has been reserved;

(c) state the term of and the conditions upon which such reservation has beenmade; and

(d) be published in two consecutive issues of the Gazette.

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(3) The Yang di-Pertua Negeri may if he thinks fit, appoint one or more trustees tocontrol and manage subject to the directions of either the Secretary of NaturalResources or District Officer as the Yang di-Pertua Negeri may direct, any NativeReserve declared under this Ordinance for the purposes declared.

(4) In any case when it is proved to the satisfaction of the Secretary of NaturalResources that --

(a) a trustee so appointed refuses, neglects or fails to carry out with efficiencyhis duties as trustee or has died, it shall be lawful for the Secretary ofNatural Resources to discharge a defaulting trustee and to appoint a newtrustee in lieu of the trustee who was formerly appointed or has died; or

(b) the members of the native community in whose interest and for whose

benefit a Native Reserve has been declared wilfully or without reasonablecause will not comply with the conditions to which such reserve is subject,he shall certify his opinion to the Director who shall recommend to the Yangdi-Pertua Negeri that such reserve be revoked.

(5) The Yang di-Pertua Negeri may, if he thinks fit, at any time by order revoke andcancel the declaration of any area of State land which has been declared a NativeReserve or a Provisional Native Reservation under this or any former written lawand may add to, vary or revoke any terms or conditions to such Reserve orReservation.

79. (1) No document of title shall be registered in respect of any land lying within aNative Reserve declared under the provisions of this or any previous LandOrdinance but the Yang di-Pertua Negeri may, if he deems fit either generally or inparticular case, sanction the alienation to natives by entry in the Register of NativeTitles or Field Register of any land within a Native Reserve declared under section78 or under any such previous Land Ordinance to be a Native Reserve for thepurpose of providing land for future cultivation by natives. RESTRICTIONON ALIENATION IN RESERVE.

(2) The Yang di-Pertua Negeri may, if he deems fit either generally or in anyparticular case, sanction the alienation to natives in accordance with any of the

provisions of this Ordinance of any area of land lying within any provisionalreservation for native use declared under the provisions of any previous LandOrdinance.

80. The Yang di-Pertua Negeri may by notification in the Gazette (G.N. 705/60,360/63) and by notices locally promulgated proclaim any area or district in Sabahfor settlement under this Part. PROCLAMATION OF SETTLEMENT.

81. It shall be obligatory on all nativesclaiming land within the district or area

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proclaimed who do not already hold a documentary title therefor, or who claimother native customary rights therein, to state their claims to the Collector or hisagent either verbally or in writing within the period stated in the notification, whichperiod shall not be less than four months from the date thereof. NATIVE CLAIMS TO BE SENT TO THE COLLECTOR.

82. The Collector shall enter in a register all claims submitted within the periodassigned in the notification and being guarded by the conditions laid down in thedefinitions of customary tenure and of native customary rights in this Ordinance heshall record his decision as to the ownership of the land and the claims to othernative customary rights. COLLECTOR TO REGISTER AND DECIDE CLAIMS.

83. The Collector may if so directed order that any land, the claim to which isadmitted by him under the preceding sections, shall be resumed by Government

and in such cases he shall proceed in the manner provided in the Land AcquisitionOrdinance to determine the amount of compensation to be paid:COMPENSATION OR RESUMPTION BY GOVERNMENT. CAP. 69.

Provided that no land held under a documentary title shall be liable toresumption under this section.

84. All land which has not been claimed or the claim to which has been rejectedshall become absolutely the property of Government: UNCLAIMED LAND TO BECOME STATE LAND.

Provided that if a claim has been rejected by the Collector, the claimant maylodge an appeal to the Director in accordance with the provisions of section 41.

85. The Yang di-Pertua Negeri may, in the notification referred to in section 80‚order that on completion of the settlement all natives whose claims to land withinthe area or district proclaimed have been established shall be required to take outtitles under this Part and to pay the necessary fees. When the settlement has beencompleted no later claim to land based upon customary tenure or upon othernative customary rights shall be admissible within the area or district settled.COMPULSORY REGISTRATION OF TITLE.

86. For the purposes of this Part the Collector shall have the power assigned toCollectors and Surveyors under Part VIII. POWERS OF COLLECTOR

PART VREGISTRATION

87. The provisions of this Part shall unless otherwise expressly provided apply toall dealings after the coming into operation of this Ordinance, whether the title

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concerned was issued prior or subsequent to the coming into operation of thisOrdinance. APPLICATION OF THIS PART.

88. No new title and no dealing with, claim to or interest in any land except land stillheld under customary tenure without documentary title shall be valid until it hasbeen registered in accordance with the provisions of this Part. [esp. S.97 & 100] [See Land Rules 6(1)&6(2)] NO TITLE OR CLAIM TO LAND VALID UNLESS REGISTERED.

89. Every title shall be deemed to be registered under the provisions and for thepurposes of this Ordinance so soon as the same shall have been marked by theRegistrar with the folium and volume or number so as to indicate its place in theregister and every dealing shall be so deemed to be registered as soon as amemorial thereof as hereinafter described shall have been entered in the register

upon the folium constituted by the existing title on the land affected. [S.89 & 103 effected at the same time] MEANING OF TERM REGISTRATION.

90. All leases, Provisional Leases and Temporary Occupation Licences shall be induplicate, one of which shall delivered by the Registrar to the lessee and the otherretained by him. TITLES TO BE IN DUPLICATE.

91.Separate Registers shall be kept for Leases, Provisional Leases, Native Titles,Field Registers and Temporary Occupation Licences and the Registrar shallrecord therein all titles and dealings required or entered in the Register.SEPARATE REGISTER TO BE KEPT .

92. The Registrar, when in his opinion any register or issue document of titlecannot for want of space or other cause conveniently bear any furtherendorsement, may require the owner to take a fresh issue document of title andmay insert additional sheets in the Register document of title, and such fresh issuedocument of title shall be prepared on the terms of the original title, in the name ofthe owner for the time being, and shall have endorsed thereon only the memorialsof any then existing registered interests. The Collector shall sign and date suchendorsements, and such fresh title shall be deemed to be in continuation of andnot in substitution for the original title, which shall be surrendered and destroyed.CONTINUATION OF TITLES.

93. The Registrar shall keep a book to be called the Register of Memorials in whichshall be entered a short description of every memorandum registered. Such bookshall be in the form of Schedule XII. REGISTER OF MEMORIALS.

94. (1) Every person acquiring the possession of land or the profits thereof or anyinterest therein whether as purchaser or on the death of the owner, or as chargee,or otherwise, howsoever, shall give notice of such acquisition, immediately after ithas taken place, to the Collector: [RELATED TO LAND RULE 6 (1)] NOTICE OF ALL CHANGES TO BE GIVEN TO COLLECTOR.

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Provided that no land shall be transferred or sub-leased except to an individualperson or persons, company or body corporate such as is defined in section 10.

(2) The Collector on receiving such notice shall call upon the parties concerned tocomply with the requirements of this Part.

(3) Any person neglecting to comply with the requirements of this section within sixmonths from the date of the dealing or transfer or acquisition of interest or omittingwithout reasonable excuse to comply with any order of the Collector made undersubsection(2) within the time stated in such order shall be guilty of an offenceagainst this Ordinance and shall be liable to a fine of five thousand ringgit and topayment of a sum equivalent to double the amount of any unpaid stamp duties andfees payable on the dealing and registration thereof.

95. All dealings shall be registered in the office in which the title concerned isregistered. PLACE OF REGISTRATION.

96. Any person may upon payment of the fees prescribed for the registration,deliver or transmit to the Registrar a duly attested memorandum of the dealing tobe registered, together with the issue document or documents of title concerned.Such memorandum may be in duplicate or more if required by the partiesconcerned. PRESENTATION.

97. (1) The signature of each party to every memorandum and title shall beattested by any officer specially appointed by the Minister or by one of the following

persons-- ATTESTATION.

(a) in Sabah--

a Magistrate, Justice of the Peace, Notary Public, Commissioner for Oaths,an Advocate or the Collector;

(b) in any place within Malaysia other than Sabah or in any place within theCommonwealth‚--

a Magistrate, Justice of the Peace, Notary Public or Commissioner for

Oaths;

(c) in any other place--

a Malaysian Consular Officer or a Notary Public:

Provided that in the case of a document executed under seal of a companyincorporated or registered under the laws of Malaysia and bearing the signature ofthe secretary and at least one director of the company, attestation shall not berequired.

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any court in Malaysia, a true copy thereof, certified by the Registrar or other officialof the said court, may be accepted in place of an original.

102. After registering the dealing as hereinbefore described, the Registrar shallreturn to the party entitled to the custody thereof the issue document of title orextract from the Register, together with the duplicate, if any, of the memorandum.RETURN OF TITLE.

103. All memorials and memoranda shall be numbered serially in order of priorityof registration. For purposes of priority the time of presentation shall be taken asthe time of registration‚ without regard to the date of execution of the memorandum,or to any express or implied or constructive notice contained in the document:FORM OF MEMORANDUM.

Provided that if a memorandum has been returned for correction under section 99it shall take priority from the time it is presented afresh. PRIORITY OFREGISTRATION.

104. When any land or interest therein is intended to be transferred or charged orsub-leased‚ the parties shall execute a memorandum substantially in one of theforms in Schedule XIII, XIV, XV, or XVI‚ with such variations as the Registrar maypermit, which are necessary or desired and not inconsistent‚ with anything in anyOrdinance for the time being in force.

105. (1) Any sub-lease of land granted for a term not exceeding one year shall be

valid without registration: PROVISO FOR SUB-LEASES.

Provided that no right to purchase the land contained in any sub-lease shall bevalid as against any subsequent purchaser of the land unless such sub-lease beregistered:

And provided further that the registered owner shall be liable jointly and severallywith the sub-leasee for all rents which shall become payable to the Governmentduring the continuance of the sub-lease.

(2) Any sublease registered under this Ordinance may, with the agreement of the

person for the time being entitled to the reversion expectant thereon, besurrendered to that person by a memorandum in the form of Schedule XVIIIA andthe interest of the sublease shall determine as from the date on which thememorandum is registered:

Provided that a sublease which has been charged shall only be surrenderedwith the consent thereto in writing of the chargee.

106. An undivided share in the land may be transferred or charged, but no areabeing the whole area of the land comprised in any document of title shall be

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transferred or charged until the land shall have been sub-divided and freshdocuments of title registered for each sub-division. UNDIVIDED SHARE AND UNDIVIDED PART.

107. In any dealing by which any land is transferred subject to a charge, there shallbe implied the following agreement by the transferee with the transferor and, solong that the transferee shall remain the owner, with the chargee, that is to say,that the transferee will pay such sums as are secured by the charge in accordancewith the terms thereof, and will carry out such other conditions as are specifiedtherein: TRANSFER OF CHARGED LAND.

Provided that unless the memorandum of transfer shall have been signed also bythe chargee with an express statement that the transferor is exempt from all furtherliability in respect of the charge, the chargee shall, in the event of the transferee

failing to observe the conditions of the charge, retain the right to recover from thetransferor the whole or any part outstanding of the principal and interest securedby the charge.

107A. (1) When any charge is registered against more than one title any of thetitles under the charge may be released from the said charge upon registration of amemorandum substantially in the form of Schedule XVIIA‚ hereto signed by thechargee. RELEASE OF ONE OF SEVERAL TITLES CHARGED

(2) Such memorandum shall be attested and registered in the mannerhereinbefore prescribed and the Registrar shall also cause the word "released" to

be written or stamped across the memorial relating to such charge in the Registerand on the titles released together with the relative memorial number and the dateof release and shall also endorse on the relative memorandum of charge amemorial showing the titles released and the amount, if any, repaid.

108. Upon the registration of the transfer of a charge, the right to recover theprincipal and interest secured thereunder shall be transferred so as to vest thesame in the transferee. TRANSFER OF CHARGE.

109. When any charged has been satisfied, the chargee shall sign a memorandumsubstantially in the form of Schedule XVII and such memorandum shall be attested

and registered in the manner hereinbefore prescribed; the Registrar shall alsocause the word "satisfied" to be written or stamped across the memorial relating tosuch charge in the title and Register, and across the office copy of theMemorandum of Charge‚ and shall append his signature thereto. SATISFACTION OF CHARGE HOW EFFECTED.

109 A. Notwithstanding the provisionsof section 109, any chargee maywithout receiving full satisfaction ofpayment for his charge, by a

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memorandum in the form of Schedule XVIIA, discharge the land or sublease towhich his charge relates (or, if it relates to more than one title or sublease, all orany one of them) from further liability thereunder, and the discharge shall takeeffect as from the date on which the memorandum is registered. SATISFACTION OF CHARGE WITHOUT FULL PAYMENT.

110. If any person shall be entitled to pay off the charge and the chargee cannot befound within Sabah and there be no person authorised to give a receipt for themoney, the Registrar for the district in which the charged land is situated mayreceive such money with all arrears then due in trust for the person entitled thereto,and may upon being satisfied that the correct amount has been paid make anorder discharging such charge which order shall upon registration have the sameforce and effect as a satisfaction signed by the chargee. SATISFACTION IN CASE OF ABSENCE OF CHARGEE FROM SABAH.

111. If default be made in the payment of the principal sum, interest or periodicalpayment or any part thereof secured by a charge, or in the observance of anyagreement expressed or implied in such charge, it shall be lawful for the Collector‚on the application of the chargee and being satisfied that such default has beenmade and has continue for the space of one month after the notice has beenserved by the chargee upon the chargor, in accordance with rules hereunder toorder the sale by auction of the whole or any part of the land comprised in thecharge. SALE OF LAND ON APPLICATION BY CHARGEE. See Land Rules 14

112. (1) When any title is surrendered for cancellation, exchange or sub-division,

the owner shall execute a memorandum substantially in the form of Schedule XVIIIwhich shall be registered in the manner prescribed in this Part.REGISTRATION OF SURRENDER OR CANCELLATION OF TITLE.

(2) When any title has been cancelled the fact of such cancellation shall beendorsed upon the Register of Titles‚ with a reference to the number of the Gazettenotification and date, and shall be signed by the Registrar.

113. No title to charged land shall be so surrendered as aforesaid without theconsent thereto in writing of the chargee or chargees, and no surrender of a titlewhether by operation of law or by act of parties shall effect any registered

sub-lease‚ or any unregistered sub-lease for a term not exceeding one year.CONSENT TO SURRENDER BY CHARGEE OR SUB-LEASEE.

114. (1) Any executor or administrator or person claiming by any form ofsuccession may become the registered owner of land by the registration asprovided by section 100 and 101 of the probate or letters of administration grantedto him. REGISTRATION OF TITLE BY EXECUTORS, ETC.

(2) A trustee in bankruptcy, or receiver of an insolvent estate, or other personclaiming by any order of court or act of law‚ may, in like manner, become the

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case of a caveat by the Collector, make application to the Collector in writing toremove the caveat, and thereupon the Collector may serve a notice upon thecaveator in the form of Schedule XXI requiring him to show cause why the saidcaveat should not be removed, and the Collector shall, after hearing the parties,make such order as he shall think just. REMOVAL OF CAVEAT.

(5) The Collector may present a caveat in the form of Schedule XXII prohibitingany dealing with any land in which an interest is claimed by the Government or withregard to which it shall appear to him that an error has been made, or for theprevention of suspected fraud or improper dealing and such caveat shall remain inforce until withdrawn by the Collector or cancelled by the Court. Such caveat shalltake priority over any memorandum already presented but registration of whichhas not been completed. CAVEAT BY COLLECTOR.

117. If any document of title under which land is claimed by any person contains, inthe opinion of the Collector, no means within itself of identifying with reasonablecertainty the land to which it relates, or contains errors or omissions‚ either in theoriginal title or in later endorsements, the Collector may, by notice in writing underhis hand, require such person to deliver up the same in order that such correctionsor additions may be made thereto, whether by the endorsement of a plan thereonor otherwise, and such person shall be bound so to deliver up the same within onemonth from the date of the service of the notice. When such corrections oradditions as aforesaid have been duly made the Collector shall return suchdocument of title to the person entitled to the custody thereof. RECTIFICATION OF TITLE.

118. (1) Except as is provided by sub-section (4) and (5) any person claiming anyestate or interest in land may at any time apply to the Collector for an order that anyregister, book or journal kept in Land Office under this Ordinance shall be rectified,or that any entry may be made or interpolated in any such register, book or journal,or that any entry therein may be cancelled; and the Collector, after giving suchnotice of the application and making such enquiry as he may think fit, may eitherrefuse such application or, if satisfied as to the justice of the case, may make suchorder in reference thereto as he may think just. RECTIFICATION OF REGISTER,ETC.

(2) The Assistant Collector and every other person affected by such order of theCollector shall obey the same upon being served with a copy of such order.

(3) If in the opinion of the Collector any alteration or rectification of the Registershould be made, his order shall be in the form of Schedule XXIII‚ and shall beregistered in the manner prescribed in this Part.

(4) Whenever any application made by a native is based upon an alleged nativecustom, the Collector shall refer the matter for decision to the Native Court, andappeals shall lie as provided in the constitution of the said court.

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(5) Nothing in this section shall be held to affect or vary the procedure prescribedfor claims to succession to a deceased owner.

119. It shall be lawful for the Director at any time on his own motion after giving theparties affected an opportunity of being heard to revise or over-rule the decision ofthe Collector, or to take such proceedings as he may deem fit for the purpose ofcancelling, altering, rectifying or otherwise dealing with the registration of any title.RECTIFICATION BY THE DIRECTOR .

120. (1) If any document of title is lost or destroyed the person lawfully entitled tothe custody thereof together with other persons, if any, having knowledge of thecircumstances may file in the Land Office of the district in which the land is situatedan affidavit or statutory declaration containing a full description of such document

of title and the circumstances under which it was lost or destroyed. LOSS OF TITLE.

(2) The Collector shall thereupon cause to be published in the Gazette or locallyin the district for the period of not less than one or more than three months a noticein the form of Schedule XXIV.

(3) If no objection is lodged within the period stated, the Collector shall thereafter,on receipt of the prescribed fees, issue to the person lawfully entitled to thecustody thereof a certify copy of the document of title, and such certified title shallbe available for all purposes and uses for which the original title so lost or

destroyed would have been available, and as valid to all intents as such title:

Provided that the Collector shall not in any case issue such certified copyunless he is satisfied as to the truth of the affidavit or declaration and the good faithof the applicant for the same.

121. (1) When any document of title or extract from the Register is cancelled or isforfeited or expires or is superseded or is required for the purpose of correcting anyerror or of endorsing any memorial thereon, the Collector may by a notice in theform of Schedule XXV served on the holder thereof require him to deliver up suchdocument, and the holder shall thereupon be legally bound so to deliver it.

DELIVERY OF TITLES FOR CANCELLATION OR ENDORSEMENT.

(2) If default be made in delivering up any document of the title required to bedelivered up under subsection (1) the Collector may impose a penalty notexceeding one thousand ringgit which penalty shall be recoverable in the mannerprescribed in Part VII, and may further with the sanction of the Director declare thatsuch title has been cancelled by the Government, and thereupon all rights andinterests thereunder shall cease. PENALTY FOR NON-DELIVERY.

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122. The Register of Title, the Register of Memorials and all instruments registeredshall be open to public inspection on every working day during office hours, onpayment of the prescribed fees, and shall be public documents within the meaningof the Evidence Act, 1950. INSPECTION OF REGISTERS.

123. On receipt of the prescribed fee and a requisition in writing containing fullparticulars of the search required to be made in any of the Registers or documentsreferred to in the previous section the Collector or Registrar shall direct a diligentsearch to be made, and shall give a certificate of the result of such search to theperson making the requisition, and every such certificate shall be receivable inevidence. OFFICIAL SEARCHES .

124. On payment of the prescribed fees, copies or extract certified by the Collector

or Registrar, of or from any document or Register referred to in section 122 shall begiven to any person making application for the same. CERTIFIED COPIES.

PART VI (Repealed)

PART VIICOLLECTION OF LAND REVENUE

130. The provisions of this Part shall unless otherwise expressly provided apply toall titles whether issued prior to or after the coming into operation of this Ordinance.APPLICATION OF PART.

131. Nothing contained in this Part shall be held to vary the special provisions inPart IV with regard to rent due on Native Titles. PROVISO FOR NATIVE TITLES.

132.All rents shall become due on the 1st. January in each year except whereotherwise specially provided. RENTS WHEN DUE.

133. Every sum now due or payable or which shall hereafter become due or

payable to the Government on account of land revenue or any amount assessed orordered to be paid as compensation or fine or otherwise by the Collector orDirector in any order under this Ordinance to be recoverable in the mannerprovided for the recovery of rent or land revenue, may be recovered in the mannerhereinafter provided. LAND REVENUE HOW RECOVERABLE.

134. When any such sum has fallen due and a written notice of demand, in theform of Schedule XXVIII has been served on any one of the persons liable therefor,and a period of fifteen days‚ or such further time as may have been allowed by theCollector‚ has elapsed from the date of such service without such sum having been

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paid or satisfied a surcharge equivalent to 24 per centum of such sum shall belevied and such sum together with the surcharge thereof shall be deemed an"arrear" and every person liable for it shall be a "defaulter": 'ARREAR' AND 'DEFAULTER'.

Provided that the Director, with the approval of the Secretary of NaturalResources‚ may in any particular case for reasons to be endorsed by him on thedocument concerned exempt any person from payment of the whole or any part ofthe surcharge thereof.

135. With a view to recover of an arrear‚ the Collector may issue an attachment inthe form of Schedule XXIX, and may seize, by virtue thereof, any movable propertyof the defaulter wherever the same may be found, and may also seize any effectsor any crops to whomsoever belonging which may be found on the land in respect

of which the arrear is due, and may, not less than three days after such seizure,sell the same by public auction: PROCEEDINGS FOR RECOVERY OF ARREAR.

Provided that in the case of growing crops it shall be lawful for the purchaser toretain possession thereof on the ground until ripe, and thereafter to reap or removethe same.

136. (1) The attachment may be made by an officer deputed by the Collector forthat purpose, who shall issue a notice, in the form of Schedule XXX and shall takean inventory of the property attached. If he is unable to execute the warrant heshall return it to the Collector with an endorsement stating the reason of his failure.

ATTACHMENT OF PROPERTY.

(2) Such officer shall be deemed to be a public servant within the meaning ofthe Penal Code.

(3) The expense of maintenance or custody of any property or thing seizedunder this Part shall be part of the cost of the attachment.

137. It shall be lawful for the Collector, if he shall think fit‚ to dispense with the issueof a warrant of attachment under section 135 and to proceed at once against theland in the manner next hereinafter provided. ATTACHMENT OF PROPERTY

MAY BE DISPENSED WITH.

138. If the arrear and costs are not paid in full within the time required in the noticeissue under section 134‚ or have not been recovered by the sale of any movableproperty attached under the provisions of section 135 the Collector may proceedagainst the land in respect of which the arrear and costs are due. PROCEEDINGS AGAINST LAND .

139. (1) The Collector may issue anotice of sale substantially in the form

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of Schedule XXXI and serve it if possible‚ upon the defaulter, stating that afterexpiration of three months from the date of the said notice the land will be sold forthe recovery of arrears and costs: NOTICE OF SALE (PART 1) .

Provided that no failure to serve or irregularity in serving any notice of sale underthis subsection shall invalidate any sale which has been or which shall be heldunder the provisions of this Part or give rise to any court of action against theGovernment or any officer thereof by reason of such failure or irregularity.

(2) The Collector shall also issue and post at the District Land Office or otherpublic place, and publish in the Gazette, notices of sale substantially in the form ofSchedule XXXII specifying the lands in respect of which rent has not been paid andnotifying that such lands will be sold for the recovery of arrears and costs at aspecified place and date‚ which date shall not be less than one month from the

date of issue of the notice in each case. (PART II)

140. (1) Except as hereinafter provided, all land so specified shall at the time andplace notified, or on the day to which the Collector may postpone the sale, be putup to public auction by the Collector, and shall be sold to the highest bidder. LAND TO BE AUCTIONED.

(2) No officer employed in the Land Office of the district and no officer havingany duty to perform in connection with any sale under this Part shall either directlyor indirectly bid for, acquire or attempt to acquire any interest in property offered atsuch sale.

141. If any person tenders to the Collector the amount of arrears and costs at anytime previous to the sale, the Collector shall upon receipt of the same desist fromall further proceedings in respect thereof. POWER TO STOP SALE.

142. If at any such sale as aforesaid there shall be no bid at all or no bid sufficientto cover the amount due for arrears and costs, the Collector shall record the fact inthe auction sale book and shall register in the manner prescribed in Part V amemorandum in the form of Schedule XXXIII‚ and upon such registration beingmade the land shall revert to and be vested in the Government and all right, titleand interest of the defaulter therein shall cease. PROCEDURE IF SUFFICIENT

BID NOT MADE. LAND TO BE REVERT TO GOVERNMENT.

143. The proceeds of any sale under section 135 and 139 shall be applied in thefirst place in satisfaction of the arrears and costs, and in the event of there beingany surplus remaining, the Collector shall, if he is satisfied as to the right of anyperson claiming such surplus, pay the amount to such person and if he is not sosatisfied‚ shall place the amount on deposit in the Treasury to be held in trust forthe person who may ultimately succeed in establishing his claim thereto.APPLICATION OF PROCEEDS OF SALE.

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144. The Collector shall declare at any sale under section 139 to what bidder, ifany, the land has been sold, and his decision on this point shall be final‚ and thesale shall become final and conclusive on payment of the full amount of thepurchase money. SALE WHEN FINAL.

145. In default of the payment of the purchase money or of any part thereof withinthe time required, the land shall be put up for re-sale‚ and the defaulting purchasershall forfeit any amount already paid. DEFAULT OF PAYMENT AND RE-SALE.

146. On payment of the purchase money and the prescribed fee, the Collectorshall deliver to the purchaser an order in the form of Schedule XXXIV, and thepurchaser shall thereupon be entitled to have the title to the land so purchased byhim duly registered in his name in the manner provided in Part V without the

payment of any further fee therefor, and such registration shall have the effect oftransferring to and vesting in him such land or interest free of all encumbrancescreated by or derived from the defaulter or his predecessor in title, except such asare expressly reserved by the Collector at the time of sale. TITLE CONFERRED ON PURCHASER.

147. (1) The Collector may, by a notice in the form of Schedule XXV‚ require thedefaulter or any person in possession of any document of title relating to the landwhich, or a part of which, has been so sold as aforesaid, to deliver to him suchdocument of title, and such defaulter or other person shall be legally bound tocomply with such notice. NOTICE TO DELIVER TITLE. [RELATES TO S.121.]

(2) In any case in which it may be found impossible to recover such document oftitle, the Collector shall proceed in accordance with the provisions of section 121.

148. Any person dishonestly and fraudulently using any document of title relatingto the land which, or a part of which, has been so sold as aforesaid, in a mannerinconsistent with the rights of the purchaser, after service on him of the noticerequired by the preceding section, shall be deemed to have committed, or to haveattempted to commit, the offence defined in section 415 of the Penal Code.PENALTY FOR DISHONEST AND FRAUDULENT USE OF TITLE.

149. If any person whose property, crops or land has been attached or advertisedfor sale under the provisions of this Part disputes the property of such attachmentor sale, he may, in the case of movable property, apply to the Court of the nearestMagistrate and, in the case of immovable property, to the High Court for an order tostay the proceedings, and such Court, after hearing the Collector and making suchfurther enquiry as may be necessary, shall make such order as may seem just.APPLICATION TO COURT AGAINST ATTACHMENT.

150. If after the procedure prescribed by this Part has been followed the arrearstogether with costs and expenses have not been recovered in full the Collector

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may recover any balance outstanding by suit in a court of competent jurisdiction.RECOVERY THROUGH COURT.

PART VIIIDEMARCATION AND SURVEY

151. The provisions of this Part shall, unless otherwise expressly provided, applyto all titles whether issued prior to or after the coming into operation of thisOrdinance. APPLICATION OF PART.

152. Any Collector or Surveyor may, at any reasonable time, enter upon all landswhich is required to survey or settle and upon lands contiguous thereto and maymake all enquires and may fix or place any stone, post, or pillar or other boundarymark in or upon the land and may dig up any ground for the purpose of fixing the

same and may cut down and remove‚ any timber or other growth which mayobstruct any survey line or any boundary: GENERAL POWERS UNDER THIS PART.

Provided that as little damage as possible‚ shall be done to the land or to anyproperty thereon.

153. (1) The Collector or Surveyor may cause a notice‚ substantially in the form ofSchedule XXXV, to be served on any person owning, occupying, or otherwiseinterested in any such land and any land abutting thereon or on any personemployed on or connected with such land requiring such person to attend before

him at a time and place to be stated in the notice for the purpose of pointing out theboundaries of such land or rendering aid in setting up or repairing the boundarymarks or of affording assistance or information for the purpose of the survey orsettlement. NOTICE TO PROCURE ATTENDANCE.

(2) Every person upon whom such notice may be served shall be legally boundto attend‚ as required by the notice and, so far as he may be able, to do any of thethings mentioned therein.

154. The Collector or Surveyor may cause a notice, substantially in the form ofSchedule XXXVI, to be served on any owner or occupier of or applicant for such

lands requiring him to clear any boundary line or to cut any line which may benecessary for the purposes of survey or to provide labour or otherwise assist insuch work; and if it is necessary to employ hired labour for such purposes thesurveyor may assess and recover from such owner, occupier or applicant the costof the same. CLEARING OF BOUNDARY LINES.

155. (1) If it is necessary to remove or destroy any trees, fences, crops or otherproperty of value in order to effect the clearance of any line, the surveyor shallassess the value of the same and shall pay or tender the amount so assessed tothe owner thereof. COMPENSATION FOR INJURY DONE BY CLEARANCE.

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(2) The assessment shall be made before the property is removed or destroyed.

(3) Any dispute regarding the sufficiency of the amount so paid or tenderedshall be referred to the Collector for decision.

156. (1) The Collector or Surveyor may issue a notice‚ substantially in the form ofSchedule XXXV, to be served on any person who can give any informationrespecting the boundaries of land, or to whose possession or power any documentrelating to such boundaries is alleged to be, to attend before him and give suchinformation or produce such document on a date and at a place to be mentioned inthe notice. NOTICE TO PERSONS TO GIVE INFORMATION OR TO PRODUCE DOCUMENTS.

(2) Every person on whom such notice is served shall be legally bound to attendand to give such information and to produce such document as is required by thenotice.

157. (1) The Collector or Surveyor may after making due enquiry mark out theboundaries of the land and may, unless permanent boundary marks of a suitabledescription have already been erected, cause the same to be erected in suchmanner and number as he may consider sufficient‚ and may recover the coststhereof from the owner. BOUNDARY MARKS TO BE ERECTED.

(2) No sub-division or combination of existing titles shall be allowed whichcontravenes the provisions of any approved town plan or any Town Planning orother Ordinance for the time being in force and affecting the land sought to bedivided or combined.

158. Whenever a Collector becomes aware that any boundary mark in his districthas been injured, destroyed or removed he may recover the expenses of so doingfrom the person who is bound to preserve such mark. POWER TO REERECT AND REPAIR BOUNDARY MARKS.

159. It shall be the duty of every headman to report immediately to the Collector

any boundary mark found to be defaced, obliterated, moved, altered, injured,missing‚ or otherwise impaired, destroyed or rendered useless. DUTIES OF HEADMEN.

160. (1) No landmark, boundary mark, trigonometrical station, semaphore or othersurvey marks shall be defaced, obliterated, moved, injured‚ or otherwise impaired,destroyed or render useless, except by a person duly authorised thereto by theofficer having control of such station or mark, and any person acting incontravention of this section shall be liable upon conviction by a Magistrate‚ to thepenalty provided by the Penal Code and may further be ordered to pay a sum not

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for the appearance before him of the party or parties whom it may be necessary orproper to examine as a witness or witnesses on the hearing of any suchinformation. INFORMATION OF UNLAWFUL OCCUPATION.

165. (1) The Magistrate shall proceed in a summary way, in the presence of theparties, or, in case of wilful absence of any person against whom such informationshall have been laid, then in his absence, to hear and determine such information;and, on being satisfied of the truth thereof, such Magistrate shall issue his warrant,addressed to any police officer‚ requiring him forthwith to dispossess and removesuch person‚ from such land and on behalf of the Government to take possessionof the land together with all crops growing thereon and the person to whom suchwarrant is addressed shall forthwith carry the same into execution.

(2) The said information, summons and warrant may be in the form or to the

effect, respectively, of Schedules XXXVII, XXXVIII and XXXIX. REMOVAL OF UNLAWFUL OCCUPANTS.

166. Any person who shall be found after due warning unlawfully occupying anyState land, or land reserved for a public or residential purpose, either by residingor erecting any house, hut or other building thereon, or by clearing, enclosing orcultivation any part thereof or cutting timber or produce thereon, or who shalldirectly or indirectly abet the commission of such act or trespass by another person,shall be guilty of an offence under this Ordinance and shall be liable to a fine notexceeding five thousand ringgit or to imprisonment not exceeding two ears, or bothfine and imprisonment. P ENALTIES FOR UNLAWFUL OCCUPATION.

167. Any person who shall graze animals on State land or land reserved for apublic or residential purpose except under and in accordance with the terms of apermit issued by the Collector shall be guilty of an offence against this Ordinanceand shall be liable to fine not exceeding one thousand ringgit, or in default ofpayment thereof, to imprisonment not exceeding six months. PENALTY FOR UNLAWFUL GRAZING .

168. Any person not licensed or otherwise authorised in that behalf under section23, 24, 25 or 30 who shall cut, dig or take from any land any product in such sectionmentioned‚ or remove or sell the same, shall be guilty of an offence against this

Ordinance and shall be liable to a fine of not exceeding ten thousand ringgit or toimprisonment not exceeding two years, or to both fine and imprisonment.PENALTY FOR OTHER OFFENCES.

169. (1) It shall be lawful for the Magistrate before whom any person shall beconvicted of an offence under section 166, 167 or 168 to order such person to pay,in addition to any fine which shall have been imposed for such offence, the value ofany timber or other property cut down, destroyed or injured upon such land duringany period of the unlawful occupation thereof by such person, and the expense ofany survey which shall have been become necessary for proving such unlawful

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occupation or for ascertaining the extent thereof. RECOVERY OF EXPENSES.

(2) For the purpose of ascertaining such value and expense‚ a certificate underthe hand of the Collector shall be held until the contrary be proved, to be proof thatthe sum therein set down is the true amount to be recovered from such person inrespect of such value and expenses as aforesaid. Any sum so ordered to be paidmay be recovered by the process provided for the recovery of fines.

170. Any person offending against the provisions of any section of this Ordinanceor any rule made thereunder for which no penalty is expressly provided‚shall beliable, on conviction before a Magistrate, to a fine not exceeding five thousandringgit‚ or in default of the payment thereof to imprisonment not exceeding twoyears. PENALTIES NOT OTHERWISE PROVIDED.

171. Every unauthorised interference with or encroachment on any public road,street, highway or waterway by building or other erection, or by enclosure orplanting, or by filling up or obstructing any ditch, or by making any drain orwatercourse, or breaking up or injuring such road, street, highway or waterway orotherwise, shall be immediately abated and removed on the written order of theCollector, and the person or persons offending may be ordered on convictionbefore a Magistrate to pay such damages as the Magistrate shall order and theexpenses of such abatement. ENCROACHMENT ON ROAD, ETC. MAY BE ABATED.

171A. (1) When the alienation of State land or state rights in land has been

approved or granted‚ subject to such provisions and conditions contained in thisOrdinance or any previous Land Ordinance and subject to such terms andconditions as may be imposed by the Director or a Collector to be set out in the titleor an agreement, a breach or default in the observance of any of such provisions,terms or conditions shall render the owner or prospective owner of such land orrights in land liable, on conviction‚ to a fine not exceeding ten thousand dollars or toimprisonment for a term not exceeding two years, or to both. PENALTIES FOR BREACH OF PROVISION, TERM OR CONDITION, ETC.

(2) This section shall apply to all titles or agreement whether issued or enteredinto by the Director or a Collector prior to or after the date of this Ordinance.

171B. Prosecutions in respect of any offence committed under this Ordinancemay be conducted by any public officer authorised in writing in that behalf by PublicProsecutor under section 377(b) of the Criminal Procedure Code.

171C. (1) The Minister may compound any offence under this Ordinance or rulesmade thereunder by making a written offer to such person to compound theoffence upon payment to the State Government of such amount not exceeding themaximum fine for that offence within such time as may be specified in the offer.COMPOUNDING OF OFFENCES .

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(2) The offence which may be compounded under subsection (1) shall only bein respect of an offence committed for the first time.

(3) An offer under subsection (1) may be made at any time after the offencehas been committed but before any prosecution for it has been instituted, andwhere the amount specified in the offer is not paid within the time specified in theoffer or within such extended period as may be granted by the Minister,prosecution for the offence may be instituted at any time thereafter against theperson to whom the offer was made.

(4) Where the amount specified in the offer is paid up within the time specifiedin the offer or within such extended period as may be granted by the Minister, noprosecution shall thereafter be instituted in respect of such offence against the

person to whom the offer to compound was made.

172. The Labuan Ordinance of the Straits Settlements and all rules, regulations,orders, appointments, notifications and forms made, issued and prescribedthereunder are hereby repealed, revoked and cancelled:

Provided that for the purposes of the Reconstitution of Land Office Records(Labuan) Ordinance, and for no other purpose, such Ordinance, rules, regulations,orders, appointments, notifications and forms shall be deemed to continue inoperation until such date as the Governor may appoint. REPEAL. S.S.CAP.6.

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LAND RULES(G.N. 505 OF 1930)

___________________

ARRANGEMENT OF RULES ___________________

Rule

1. Citation

2. Application for State land

3. Licences.

4. Town lands

5. Title under Part IV.

6. Registration.

7. Collection of land revenue.

8. Service of notices.

9. Records of proceedings.

10. Application for right of way under section 31(1)(f).

11. Application for access or drain under section 31(1)(d).

12. Procedure under section 34 in case of breach of conditions of title.

13. Procedure for partition under section 40(3).

14. Sale of land by chargee. [Hearing before auction.]

15. Office fees.

16. Survey fees.

17,18,19. } Enquiries and applications.

20,21,22. } Re-survey.

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23,24. } Restriction of user of land held under Native Title.

25. Registration of Memorandum.

SCHEDULES.

LAND RULES(SECTION 46)

( G.N. 505 OF 1930 )

[27th December 1930]

1. These rules may be cited as Land Rules.

APPLICATION FOR STATE LAND

2. (1) Every application for State land shall be in writing and shall contain a sketchshowing approximately the situation of the land applied for:

Provided that application for titles under Part IV may be made orally to the

Collector.

(2) A register of all applications for land shall be kept in each district by theCollector in the form set out in Schedule A.

(3) An application shall not be accepted unless the following fees are paid:--

(a) in the case of an application for land to be held under Part II or Part III, atleast one quarter of the survey fees estimated to be payable on the area of land forwhich application is made; and in the case of an application for land to be heldunder Part IV at least one sixth of such fees;

(b) in the case of an application for land to be held under Part II or Part III onwhich premium is payable, at least one quarter of the premium assessed by theCollector.

(4) No payments made under sub-rule (3) shall confer any right whatsoever tothe land applied for and acceptance of any such payment shall not constitute anyundertaking that the application will be approved.

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(5) The Collector may cancel any application if the applicant shall not havesigned the title within six months of being called on to do so, or shall have left thedistrict without leaving an address or appointing an agent to act on his behalf, orshall not have accepted within three months of their being communicated to him,any special conditions to be imposed.

(6) If the application is refused, any sum paid under subrule (3) shall berefunded to the applicant.

(7) If the application is withdrawn‚ the applicant shall be liable for all expensesincurred by the Government in connection with the application and with the survey,if any, of the land applied for.

(8) Any balance of the sums paid by the applicant under subrule (3) which maystill remain after deduction have been made in accordance with subrule (7)‚ shallbe refunded to the applicant.

(9) When an application has been cancelled by the Collector under subrule (5)any sum paid by the applicant under subrule (3) shall be forfeited to Government.

LICENCES

3. (1) Licences for the purpose of sections 24 and 25 may be issued by the

Collector subject to such conditions as the Minister may generally or in particularcases direct.

(2) The Collector may issue to any person a licence‚ substantially in the form ofSchedule B, to remove from any land of the articles mentioned in section 23‚provided always that no licence to remove guano shall be issued except with theapproval of the Minister, and provided that no licence to be issued except to theowner of the land, if alienated, or with his consent.

(3) The payments to be made in respect of licences issued under rule 3(2) shallbe at the following rates--

for earth, gravel, stone, coral, shell, sand, loam or clay or any bricks, lime,cement,or other commodities manufactured from the material aforesaid, for everyperson employed five ringgit per month:

Provided that the Minister may, in any particular case, grant partial or totalexemption from the payment of such rates.

(4) All licences under rule 3(2) shall expire on the last day of month or year inrespect of which the said licences shall have been issued.

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(5) Before issuing any licence under rule 3(2) the Collector may require theapplicant therefor to deposit such sum as the Collector may require; and, ondefault‚ being made in the payment of any sum due under the licence the sum duemay be withdrawn by the Collector from the sum deposited as aforesaid andcredited to revenue.

(6) The Collector may also require the applicant for a licence under rule 3(2) tofurnish such security as the Collector shall deem sufficient that all holes andinequalities caused in the surface of the ground in the course of getting any articlesauthorised by the to be removed or the materials therefor shall within a time‚ to befix by the Collector be filled in and drained to his satisfaction.

TOWN LAND

4. (1) The terms for lands within town areas alienated for agricultural purposesshall be--

annual rent fifty sen per acre for the first six years, two ringgit per acre for the nextfour years and three ringgit per acre thereafter, together with such premium as theMinister may direct.

(2) The terms for Town Lands alienated for residential purposes shall be aminimum annual rental of five dollars per acre, with such premium or upset price‚

as the Minister may direct.

(3) For shop lots‚ the minimum annual rent per lot of 1,600 sq. ft. or less shall befive ringgit.

(4) The standard dimensions of shop lots under Part III shall be 80ft.x 20ft. andnot more than one shop shall be erected on a lot of this size. The frontage of ashop shall not be less than 18 ft.

TITLES UNDER PART IV

5. (1) The following regulations shall apply to sago lands --

(a) all sago plantations shall be kept free from undergrowth;

(b) every sago tree which shall have ripened shall forthwith be cut downwhether or not it be intended to use the produce therefrom, and in theplace thereof a fresh sago shoot shall be planted with all reasonabledespatch;

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(c) for the purpose of providing the fresh shoots aforesaid a certainnumber of trees shall be set apart proportionate to the requirementsof each plantation;

(d) the penalty for breach of any of the above regulations (a), (b) and (c)shall be a fine not exceeding ten ringgit.

(2) Every native land-holder shall keep his orchard or garden free fromundergrowth so that it shall not habour vermin.

(3) The "works of common benefit" referred to in section 66 (b) are--

(a) The repair and dams and water-courses.

(b) The clearing of rivers, streams and water-courses.

(c) The upkeep and repair of paths crossing padi lands.

(d) The maintenance of burying grounds.

(e) The upkeep of mosques and places of worship.

(f) The fencing in of grazing grounds.

(g) The maintenance of tamu grounds

(h) Any other work which the Native Chief or Headman may, with the approval ofthe District Officer,impose as being of common benefit.

(4) The consent of the Director to an exchange of title under section 75 besubject to such conditions as the Minister may generally or in special cases direct.

REGISTRATION

6. (1) An "interest in land" and the "profits thereof"‚ the acquisition whereof

requires to be registered under the terms of section 88 and 94 shall be deemed toinclude such dealings as a grant or lease of tapping rights over rubber trees or theright of collection of coconuts or other crops provided that the provisions of section105 shall, mutatis mutandis, apply to such rights and that the actual work of suchtapping or collection shall be undertaken by the lessee or grantee.

(2) The registration of dealings affecting tapping rights or the collection ordisposal of crops not falling within the above classification is optional, provided thatwithout such registration such dealings shall not be enforceable againstsuccessors in title to the grantor, nor take priority over any registered dealing.

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COLLECTION OF LAND REVENUE

7. (1) All rents, except as provided in Part IV, payable under the Ordinance inrespect of any year shall due in advance on the 1st day of January.

(2) Full rent for the current year shall be payable on all titles other than titles underPart IV, commencing prior to the 1st day of July in that year. If the title commenceson or after the 1st day of July in any year no rent shall be payable in respect of thatyear.

(3) The time for enhancement of rent shall be computed from the first day ofJanuary preceding the date of commencement of the title when such date is before

the first day of July‚ and from the first day of January following the date ofcommencement when such date is after the 30th day of June in any year.

(4) In the computation of premium, fraction of one ringgit shall count as one ringgit.

(5) In the computation of rent payable on any land --

(a) if the land is held under Part IV, any fraction of a ringgit less than ten sen shallbe calculated as ten sen, and the minimum rent shall be twenty sen;

(b) if the land is held under any Part other than Part IV where the rent is less than

fifty sen per acre, any fraction of a ringgit less than ten sen shall be calculatedas ten sen, and the minimum rent shall be ten sen; where the rent is fifty sen ormore per acre, fractions of a ringgit less than fifty sen shall be calculated asfifty sen, and the minimum rent shall be fifty sen.

(6) In the computation of premium and rent payable on any country land anyfraction of an acre less one rood shall be calculated as one rood.

(7) The Collector shall so notify and advertise any auction held under Part VII andso arrange the time (subject to the limitation imposed by the Ordinance or theserules), place and manner of holding such auction as will in his opinion be most

likely to realise the greatest net value for the land or thing sold, and he may adjournany such sale to any specified place, day or hour.

SERVICE OF NOTICES

8. (1) The service of all notices or other processes issued under the provisions ofthe Ordinance or any rules made thereunder may be effected as follows--

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(a) by delivering to the noticee or his authorised agent a copy of the notice or bysending a copy by registered post if the address of the noticee or his agent beknown and there be postal communication with such place;

(b) when the noticee cannot be found or has no agent empowered to acceptservice on his behalf service may be made on any adult member of the familyof the noticee who is residing with him;

Explanation: A Servant is not a member of the family within the meaning of thisrule.

(c) when the serving officer delivers a copy of the notice personally‚ or to his agent,or to an adult member of the family of the noticee residing with him, he shallrequire as an acknowledgement of service endorsed on the original notice the

signature or right thumb mark on the person to whom the copy is so delivered.

(2) If the person to whom such copy is delivered or tendered is unwilling orunable to sign the acknowledgement, or if the serving officer is unable to find anyproper person on whom to effect personal service, the Collector may order serviceto be effected by affixing a copy of the document to be served in a conspicuousposition upon the land (if any) which is affected, or by

(a) affixing a copy thereof upon the house or place of business of the person tobe served if such can be found within Sabah; or

(b) affixing a copy thereof or a notice containing full particulars thereof at themosque, market or other common place of resort in the town or village inwhich the person to be served usually resides or last resided.

(3) The Collector or Registrar may also‚ if he shall see fit, make an order forsubstituted service by advertisement in the Gazette or in any local newspaper.

(4) In cases where notices or other processes have to be served on illiteratenative or posted in districts which are mainly illiterate, the Collector or SettlementOfficer shall employ such other methods of publishing the notice as may seemreasonable.

(5) In each of the above cases the serving officer or Collector shall enter on theback of the original of the document to be served a statement of the time, placeand manner or method in which the service or publication was effected, or whyservice was not affected‚ and shall sign the same.

(6) The officer issuing the notice may require any serving officer to make oath oraffirmation as to the truth of any such entry made by him.

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APPLICATION FOR RIGHT OF WAYUNDER SECTION 30(1)(f)

10. Any officer authorised by Government may make application for a right of wayon behalf of Government for the purposes described in section 30(1)(f), and suchapplication shall be heard and determined, in default of agreement betweenparties, in the manner provided in rule 11.

APPLICATION FOR ACCESS ORDRAIN UNDER SECTION 31(1)(d)

11. (1) Upon receipt of an application by any owner under section 31(1)(d) theCollector shall fix a time for the hearing of the application, and shall serve a noticeaccordingly upon the applicant, and upon the owner or owners across whose landthe right of way or drain is required. Such time shall not be less than one monthfrom the date of the notice.

(2) On the day and at the hour and place fixed by the Collector shall hear such ofthe parties as appear, and shall record the evidence in writing‚ and may call forsuch other evidence as he may think fit, and if necessary may adjourn the hearing.

(3) If after hearing the case the Collector is satisfied that the application is

reasonable, he may cause such a right of way or drain to be marked out and theapplicant shall be entitled to construct and maintain such way or drain andthereafter use the same in the same manner and to the same extent as if it were apublic road or drain, and the owner of such other alienated land shall not obstructhim.

(4) The owner or occupier of other adjacent or contiguous land may similarlyapply for a right of way from his land over such way, or for a drain from his land toconnect with such drain, and thereupon the Collector after hearing the applicationin the manner prescribed above may declare that such owner or occupier is uponsuch terms and to such extent as the Collector may decide entitled to share in the

use and maintenance of such way or drain and the owner of such other alienatedland shall not obstruct him.

(5) When a road or drain over any land shall have been marked out by theCollector the person entitled to use such road shall make full compensation fordamage done to growing crops and permanent improvements, and the expense ofmaking and maintaining such road or drain shall be borne by the owner or occupierof lands using the same, and any dispute relating thereto shall be settled by theCollector.

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(6) When any right of way or drain shall have been so constituted the Collectorshall cause a memorial of his decision to be registered upon the titles affected andmay have endorsed thereon a plan of the right of way or drain. Rights grantedunder this rule shall run with the land and bind the owner thereof for the time being.

PROCEDURE UNDER SECTION 34IN CASE OF BREACH OF CONDITIONS OF TITLE

12. (1) Before re-entering on any land as provided in section 34 for breach ordefault‚ in the observance of the conditions of title, the Collector shall serve on theowner of the land a notice substantially in the form of Schedule F requiring him --

(a) in case of a breach or default which in the opinion of the Collector is not

capable of being repaired or made good‚ to appear and show cause to thesatisfaction of the Collector why the Collector should not re-enter, or

(b) in case of a breach or default which in the opinion of the Collector is capableof being repaired or made good, to repair or make good such breach ordefault within a time to be limited in the notice.

(2) On the day and at the hour and place fixed for the hearing the Collector shallproceed to hear the owner against such forfeiture, if he shall appear, and shallrecord the evidence in writing. The Collector may adjourn the hearing at any stageand for any period, and shall record his reasons for such adjournment.

(3) If the owner shall fail to appear or having appear shall fail to show cause asaforesaid or shall have persisted in his neglect or refusal to repair or make goodthe breach or default, the Collector shall make an order in the form of Schedule Gfor the resumption of the whole or part of the land and upon registration thereofsuch land or such part thereof as the Collector may determine shall revert toGovernment and all right, title and interest‚ of any person shall cease and beextinguished:

Provided that no such order shall be registered until the period allowed forappeal shall have elapsed. A copy of the order shall be served if possible upon the

owner, and the notice of resumption shall be publish in the Gazette.

(4) If the owner shall satisfy the Collector as aforesaid or shall have duly repairedor made good such breach or default, the Collector shall record the fact and shalldesist from all further proceedings.

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PROCEDURE FOR PARTITION UNDER SECTION 40(3)

13. (1) When the co-proprietors of any title are unable to agree as to a partitionclaimed by one or more of them, the Collector, after making such enquiry as hemay deem necessary to ascertain the respective shares of each, may cause theland to be divided into as many parts as may be required, or may direct a sale ofthe land.

(2) The Collector shall allot such divided parts to the co-proprietors and shallapportion the cost of such division, and may in his discretion award sums to bepaid for the purpose of equalising the value of the parts.

(3) Upon receiving proof to his satisfaction that such sums, if any, have been duly

paid or deposited the Collector shall make an order appointing the part of eachproprietors and distinguishing each part by survey, and such order shall beregistered, and titles shall be prepared for each part on the terms of the original titleand the rent on the original title shall be apportioned between the new titles.

(4) If it appears to the Collector that a sale of the land and a distribution of proceedswould be more beneficial for the co-proprietors than the partition of the landbetween or among them the Collector may, if he thinks fit, on the request of any ofthe co-proprietors and notwithstanding the dissent or disability of any others ofthem direct a sale of the land accordingly in such manner as may be prescribed.

(5) On any such sale the Collector may, if he thinks fit, allow any of theco-proprietors to bid at the sale on such terms as the Collector may deemreasonable.

(6) The Collector shall determine the costs involved in any partition, and shalldecide by whom they shall be paid.

SALE OF LAND BY CHARGEE

14. (1) The notice required by section 111 to be given by the chargee to the owner

may be substantially in the form of Schedule H, and shall be served in one or otherof the ways prescribed for the service of notices:

Provided that where money secured by a charge is made payable on demand,a demand in writing pursuant to the charge shall be equivalent to the notice inwriting provided for by section 111 and as other notice shall be required.

(2) The application by the chargee to the Collector shall be substantially in theform of Schedule I and upon receipt thereof the Collector, if it shall appear thatnotice has been given to the chargor as above provided, and that default has

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continued for the period stated, shall fix a day for the hearing of the application,and shall serve upon the chargor and on every person who holds a registeredinterest in the land a summons in the form of Schedule J to appear and showcause why the application should not be granted.

(3) At the day and hour fix for the hearing the Collector shall proceed to hear theapplication in the present of parties interested and shall record their evidence inwriting. He may adjourn the hearing at any stage and for any period and shallrecord his reasons for such adjournment.

(4) Where on the day fixed neither chargee nor chargor appears‚ or where thechargor alone appears, the application shall be dismissed.

(5) Where an application is dismissed under rule 14(4) the chargee may apply

afresh‚ provided that if the chargor has appeared on the day originally fixed thechargee shall, before making any fresh application, pay the chargor's costs asallowed by the Collector.

(6) Where on the day fixed the chargee appears and the chargor does notappear then--

(a) if it is proved that the summons was duly served the Collector may proceedex-parte;

(b) if it is not proved that the summons was duly served the Collector shall

direct a second summons in the form of Schedule J to be served.

(c) if it is proved that the summons was duly served but in the opinion of theCollector not in sufficient time to enable the chargor to appear and answeron the day fixed the Collector shall postpone the hearing and shall direct afresh summons in the form of Schedule J to be served.

(7) Where there are more chargees than one and one or more of them appearand the others do not appear the Collector may, at the instance of the chargee orchargees appearing permit the application to proceed in the same way as if all thechargees had appeared, or make such order as he thinks fit.

(8) Where there are more chargors than one and one or more of them appearand the other do not appear the application shall proceed and the Collector shall atthe time of deciding upon the application make such order as he thinks fit withrespect to the chargors who do not appear.

(9) If after hearing the application the Collector is satisfied that default has beenmade in any particular as aforesaid, and if no cause be shown to his satisfaction,he shall by order in the form of Schedule K determine the amount due under thecharge and order the sale of the land charged or of such portion thereof as he may

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think fit, provided that no lot shall be partition without the consent of the chargorunless each subdivision shall contain five or more acres.

(10) Every such sale shall be by public auction and the auctioneer shall benominated by the Collector‚ provided that no person shall be nominated who hasany interest whatever in the proceedings or who is not an officer borne on theestablishment of Sabah or a person approved by the Government to conduct salesby auction in the district in which the land is situated.

(11) The conditions of sale shall be determine by the Collector, who shall also puta reserve price on the land and cause such public notice to be given of the sale ashe may in the interest of the parties or of either of them think advisable, and maypostpone the sale if he thinks fit.

(12) At any time prior to the fall of the hammer the owner of the land shall havethe right to stop the sale upon payment of the sum due together with all costs.

(13) The chargee may bid himself at the sale.

(14) No officer employed in the Land Office of the district and no officer havingany duty to perform in connection with any sale under the Ordinance shall directlyor indirectly bid for, acquire, or attempt to acquire any interest in property offered atsuch sale.

(15) Upon the completion of the sale by the payment of the purchase price to him

the Collector shall make an order confirming the sale and directing the transfer ofthe land to the purchaser in the form of Schedule L and such order shall beregistered.

(16) When no sale has been effected the Collector may order the land to beagain put up for auction on some future date, and may reduce the reserve price, ifany.

(17) The purchase money arising from such sale shall be applied firstly in thepayment of any rent and fees due to the Government; secondly in the payment ofthe expenses and costs of and incidental to the notices, summonses and sale;

thirdly in the payment of the moneys which may then be due or owing to thechargee; fourthly in the payment of subsequent charges if any in the order of theirpriority and the surplus if any shall be paid to the chargor or other person entitledthereto.

(18) Upon registration of any memorandum of transfer by the Collector asaforesaid the land of the chargor therein transferred shall pass to and vest in thetransferee freed and discharged from all liability on account of the charge insatisfaction whereof the land has been sold or of any charge registeredsubsequently thereto or of any attachment by order of Court‚ and the Registrar

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shall upon the registration of such transfer make a memorial upon the document oftitle cancelling such charge or charges.

(19) Such registration shall not free the land from any lease or charge registeredprior to the charge in satisfaction whereof the land has been sold, or from anysubsequent lease to which the chargee has consented in writing and thetransferee shall be deemed to be the owner of the said land subject to any lease orprior charge as aforesaid.

(20) No chargee shall sell any land comprised in a charge except in accordancewith the provisions of the Ordinance, and no Court shall attach or sell landcomprised in a charge in execution, of a decree in favour of the chargee in a suit forthe recovery of money which might have been recovered by action under theOrdinance.

OFFICE FEES

15. (1) The following fees shall be charged for the services named under theOrdinance --

(a) For preparation and issue of a new document of title:

Under section 92 [Continuation of titles] RM 30.S.45/82

Under section 120 to replace lost title :

(i) If a title under Part IV ... ... ... RM 20.

(ii) Any other title ... ... ... RM 100.

(b) For examination and certification of correctness of adocument under section 45 or 124 .............. RM 50.

(c) For each new title on combination or sub-division under section 39 or 40

(i) If a title under Part IV ... ... ... RM 20.

(ii) Any other title ... ... ... RM 100.

(d) For appeal under section 41:

(i) To the Director from any order or decision of a Collector orSettlement Officer ... ... ... ....RM 50.

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(ii) To the Court, from an order ordecision of the Director .... ... ... RM 200.

(e) For the Registration of:

(i) An original title under Part II or III or a temporary title undersection 18 or a sublease under section 104 ...... RM 50.

(ii) A Native or communal Native Title under Part IV ... RM 10.

(iii) Land Application:

(a) If the area applied for is for a title under Part IV(NT) .... ...... .. RM 5.

(b) Any other application where the land appliedfor:

(1) does not exceed 6 hectares ... RM 50.

(2) exceeds 6 hectares but does not exceeds200 hectares. …....RM 200.

(3) exceeds 200 hectares except forresidential and industry use ……………....RM 500.

(4) exceeds 200 hectares and for residential,industry and commercial use ... ... .... RM 1000.

(iv) Renewal of T.O.L. ... ... .. RM 100.

(f) For the Registration of a Memorandum and Endorsementof Memorial under section 100:

(i) When one title only is involved in the dealing ..... RM 50.

(ii) when more than one title is involved for endorsement ofmemorial on each additional title ..... ...... RM 30.

(iii) A definitive lease under part II when a provisional lease hasbeen registered under Section 49 ...... RM 100.

EXEMPTIONS:

(A) Caveat by Collector under section 116.

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(B) Orders by the Collector or Director under section 117 and 118 when he shallso direct.

(C) Surrender or cancellation of a title under section 112 or 142

(g) (i) For an order of sale under section 111 ……..... .... ... RM 100.

(ii) For an order of postponementof proceedings instituted under section 111 . ... ………… RM 30.

(h) For commission of sale under section 111:

Per centum

(i) on amount realisedup to RM1,000 ...... 5

(ii) on additional amountsup to RM10,000 .... 3

(iii) on additional amountsup to RM10,000 ... 2

(i) For an order confirming a sale under section 111 and registration thereof:

(i) When one title only is involved in the dealing ... RM 50.

(ii) when more than one title is involved for endorsement ofmemorial on each additional title ............. RM 30.

(j) For attestation by a Collector of a Power of Attorney undersection 98 ....... .... RM 30.

(k) For inspection of registers under section 122 for each titleinvolved ..... RM 10.

[Jabatan Hasil Dalam Negeri- exempted (L.S. 4041.3/582 dd 19/10/90)]

(l) For every official search under section 123 …... .... RM 20.

(m) For copies of extract‚ if prepared by the Land Officeunder section 124 for each 100 words (certified copies) …….. RM 20

(n) For registration of an order of succession under theAdministration of Native and Small Estates Ordinance*

................. RM 30.

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When more than one title is involved for endorsement ofmemorial on each additional title ................. RM 10.

(o) Registration of an order made by a Court under Probate andAdministration Ordinance ....... ....... RM 100.

When more than one title is involved for endorsement ofmemorial on each additional title ................. RM 50.

(p) For issue of a Notice of demand under section 134 ........ RM 30.

(q) For issue of a Warrant of Attachment under section135 ....... RM 50.

(r) For issue of a Notice of Sale under section 139:

(i) in the cases of leases ....... RM 50.

(ii) in all other cases ....... RM 30.

(s) For issue of an order confirming sale under section 144 andregistration thereof . ….. RM 50.

(t) Service of any notice (payable by the person at whose

instance or on whose behalf the notice is served) ..... RM 30.

(u) For copy of record of Land Enquiry proceedings foreach 100 words ...... RM 5.

(v) For preparation and attestation of any memorandum under Part V:

(i) Where the value of the transaction does not exceedRM500 ................ RM 30.

(ii) Where the value of the transaction exceeds RM500

but does not exceed RM1,000 .... ..... RM 50.

(iii) Where the value of the transaction exceeds RM1,000..... RM 100.

(2)The Director or a Collector may at his discretion in any particular case forreasons to be endorsed by him on the document concerned exempt any personfrom payment of the whole or any part of the fees set out in subrule (1) hereof.

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SURVEY FEES

16. (1) Agriculture land held under Part II

(a) Agricultural land under Part II.

Basic Charge .................... RM 950.00

An additional charge of a lot of 1 hectare or part thereof. ...RM 350.00

For each additional hectare of a lot up to 5 hectares ............. RM 300.00

5 hectares ....................RM2,500.00

For each additional hectare of a lot up to 25 hectares .............RM 150.00

25 hectares ............RM5,500.00

For each additional hectare of a lot up to 50 hectares .........RM 125.00

50 hectares .....................RM8,625.00

For each additional hectare of a lot up to 100 hectares ........ RM 75.00

100 hectares ............ RM 12,375.00

For each additional hectare of a lot up to 500 hectares ........... RM 35.00

500 hectares ............ RM 26,375.00

For each additional hectare of a lot up to 1,000 hectares. ......RM 25.00

1,000 hectares ............ RM 38,875.00

For each additional hectare of a lot above 1,000 hectares ........RM 20.00

(b) For connection survey RM1.80 per metre.

(2) Land held under Part II for other than Agricultural purposes and Land heldunder Part III

Basic charge .....................RM 950.00

Additional charge per lot not exceeding 150 sq. metres …... RM 350.00

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For each additional 100 sq. metres or part thereof of a lot exceeding 150sq. metres and up to 1 hectare ....... RM 10.00

1 hectare ……… ..…… RM 1,335.00

For each additional 100 sq. metres or part thereof exceeding 1 hectare andup to 10 hectares …....… RM 5.00

10 hectare ..……… RM 5,385.00

For each additional 100 sq. metres or part thereof of a lot above 10 hectares………….……… RM 3.00

(3) (Deleted)

(4) Fees shall include survey, plans, boundary marks‚ up to four in number andtheir emplacement. Actual expenses incurred in clearing boundaries and movingthe surveyor and his party to the land to be surveyed will be additional to theabove:

Provided that the Director may-

(a) allows fees on any holding not exceeding 15 hectares in area to be paid innot more than six equal annual instalments‚ the first such instalment beingpayable on receipt of title; and

(b) in the case of any survey carried out in connection with a settlement schemeremit such fees altogether upon holdings not exceeding 15 hectares in area.

(5) In calculating the above fees an additional part of an hectare will be reckonedas one hectare.

(6) For the survey of subdivision of land previously surveyed the fees will thesame as the fees given above.

(7) In cases where subdivision necessitates no further survey on the ground the

fees will be one quarter of the full rates.

(8) When previously surveyed land, which has been surrendered to Government,is re-alienated and the title is issued without any further survey on the ground, thefees will be one quarter of the full rates. If any further survey is necessary the fullrates will be charged.

(9) The special rate under section 163 for survey by linear measurement shall beRM 1.80 per metre for field measurement and 18 sen per metre for measurementadopted from previous surveys.

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(10) A fee of ten ringgit shall be payable for each boundary mark in excess offour.

(11) For valuations of property for non- Government purposes by Valuers ofLands and Surveys Department, in each case approved by the Director, thefollowing fees shall be charged :--

1 % on the first RM 10,000

1/2 % on the next RM 90,000

1/4 % on the residue of the valuation.(Minimum fee - RM 75.00)

In addition to the foregoing--

(a) All travelling and subsistence expenses necessarily incurred will be charged.

(b) Any disbursement on plans, copies of documents, lithography, etc., will becharged for a cost.

ENQUIRIES AND APPLICATIONS

17. Applications or enquiries under section 111 of the Ordinance shall bepresented to and shall be heard by the Collector of the District in which the land issituated.

18. Where an enquiry or application is made in respect of lands situated withindifferent district, except in the case of application under section 118 forrectificationn of any Register in the Central Land Office, the enquiry or applicationmay be presented to and may be heard by the Collector of any district within whichany of the land is situated.

19. On the application of a Collector or of any of the parties and after hearing such

of them as desire to be heard, or of his own motion without such notice, theDirector may at any stage order the transfer of any application or enquiry to anyCollector for disposal or may dispose of such application or enquiry himself.

RE-SURVEY

20. If at any time the Director shall be of opinion that re-survey of any area isdesirable, either in consequence of inaccuracies in the surveys on which theexisting titles are based, or because of changes in the actual boundaries by

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extension of cultivation or encroachment, it shall be lawful for him to direct theresurvey of the area in question:

Provided that no order for resurvey of an area previously proclaimed forsettlement shall be made unless the approval of the Secretary of NaturalResources has been first obtained.

21. When such action has been directed, all existing titles in the area defined in theDirector's order shall be surrendered, and after the re-survey has been completedin accordance with the procedure prescribed for survey in the first instance, newtitles shall be issued in exchange for and on the terms of the titles surrendered inthe names of the existing owners, free of cost except as provided for in rule 22.

22. When the boundaries of the lands as re-defined are found to differ from those

original titles, the rent per acre may be revised, to accord with the new area, andquestions of encroachment and compensation therefor, whether as betweenindividual occupiers or lessees, or between an occupier or lessee and Government,shall be decided by the Collector in charge of the work, subject to appeal asprovided for in the Ordinance.

RESTRICTION OF USER OF LANDHELD UNDER NATIVE TITLE

23. No person shall use any land held under Native Title for industrial purposes or

erect thereon any mill or factory except under licence issued by the Collector andof such conditions as may be approved by him. [Refer S. 70(2) and S. 17(5)]

24. For every licence issued under the preceding rule a fee not exceeding fiveringgit a year shall be charged and all licences shall be in the form of Schedule M.

REGISTRATION OF MEMORANDUM.

25. No memorandum affecting any dealing shall be registered against a titleunless the memorandum is accompanied by a certificate dated not more than

twenty-eight days prior to the application for registration and signed by theCollector stating that all amounts due or payable to the Collector stating that allamounts due or payable to the Federal or State Government in respect of suchland have been paid. [S.25/93 - 9/12/93]

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LAND (TEMPORARY PLANTINGPERMIT) RULES

(SECTION 46)

(G.N.S. 125 OF 1948)

[15th November, 1948]

1. These rules may be cited as the Land (Temporary Planting Permit) Rules.

2. In these Rules --

"short term crop" means a crop in the natural course is harvested within a year ofsowing or planting.

3. The Collector for any district may, if no Land Inspector is available to demarcateland in his district, receive an application by any person entitled to hold land for aTemporary Planting Permit.

4. Any application for such a permit shall describe the land for which application ismade and state the crops which the applicant intends to plant which shall be shortterm crops.

5. Upon being satisfied that the application is in respect of State Land and uponpayment of the fee hereinafter prescribed, the Collector may issue a TemporaryPlanting Permit for such land within his district in such form as the Director ofLands and Surveys may from time to time prescribe, and such permit may beexpressed to be upon such conditions as the Collector prescribes and shall includethe following conditions which shall be endorsed thereon as follows:-

(a) this Temporary Planting Permit shall not be transferable nor shall any personhold more than one Temporary Planting Permit;

(b) no crop other than such as is specifically mentioned in the application shallbe planted or harvested on any land held under this Temporary PlantingPermit;

(c) no compensation shall be payable by Government on the cancellation ortermination of this Temporary Planting Permit.

6. No Temporary Planting Permit shall be for more than five acres nor for morethan one year from the date thereof and in every case may be cancelled at anytime upon one month's notice in writing signed by the Collector being served upon

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the holder or occupant thereof or, if such service cannot be effected, by noticefixed on the Notice Board at the nearest District Office.

7. A Temporary Planting Permit shall authorise the occupation only of the Stateland as therein described and the holder thereof shall be liable to any claims orpenalties which may be made should he encroach on any land other than as istherein described.

8. If any dispute shall arise between any persons as to the boundaries of any landthe subject of a Temporary Planting Permit the dispute shall be referred to theCollector who shall hear such evidence as he thinks fit and his decision shall befinal.

9. A fee of fifty sen per acre shall be payable in respect of all Temporary Planting

Permits issued under these rules.

RENT REVISION RULES, 1958(G.N.S. 47 OF 1958)

[1st April, 1958]

1. These rules may be cited as the Rent Revision Rules, 1958.

2. (1) As soon as after the coming into force of these Rules as may be practicable,

the Assistant Collector of Land Revenue shall serve a notice in the form ofSchedule I on every registered owner of alienated land situated in his district otherthan land held under Part IV of the Ordinance, the rent of which is liable to revisionunder any written law.

(2) Where alienated land is owned by two or more co-proprietors‚ service of thenotice on one co-proprietor shall be deemed to be service on all co-proprietors.

3. (1) Any registered owner wishing to show cause against the revision of rentproposed for his land may within thirty days from the date of service upon him ofthe notice referred to in rule 2 of these Rules, apply to the Assistant Collector of

Land Revenue for a reduction in the proposed rent.

(2) The Assistant Collector shall hear and determine every such application, andshall make such order thereupon as may seem to be just.

(3) An appeal shall lie from any order or decision of the Assistant Collector underthis rule to the Director of Lands and Surveys, and again from any order or decisionof the Director of Lands and Surveys to the High Court in accordance with theprovisions of section 41 of the Ordinance.

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4. (1) The Assistant Collector shall after the expiry of the period of thirty daysreferred to in paragraph (1) of rule 3 of these rules or in the event of an appeal,after the expiry of the time limited for any further appeal, execute a memorandumin the form of Schedule II and transmit it to the proper registering authority forregistration against the document of the title concerned.

(2) Upon the registration of such order, the registered owner of the land therebyaffected and his assigns and administrators shall be liable to pay to theGovernment the new rent imposed thereon from the 1st day of January 1959, untilsuch time as a further revision of rent is made.

[ch.I]

G.N.S. 47 OF 1958

LAND ORDINANCECAP 68

RENT REVISION RULES, 1958*

SCHEDULE I

To,

Registered owner/s of

Take notice that with effect from the 19 it is proposed to revise therent reserved on :

from RM to RM

from RM to RM

from RM to RM

2. You are hereby required to deliver to me the Issue Copy/Copies of theabove-listed document/s of title within thirty days from the date of service of thisnotice upon you.

3. Also take further notice that you may, within thirty days from the date of serviceupon yourself, appear before me to show cause against the proposedenhancement of rent.

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District Land Office

....................................Assistant Collector.

...............19

I acknowledge receipt of a duplicate ofthis notice.

........................................Witness to signature. Owner/s

..................19

CERTIFICATE OF SERVICE

I certify I served a copy of this notice

on the noticee/s on the day of ,19

..............................Process Server.

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[Sch.II]

RENT REVISIONLAND ORDINANCE

Cap. 68

Rent Revision Rules, 1958*

SCHEDULE II

MEMORANDUM OF REVISION OF RENT

In accordance with the provision of section 32 of the Land Ordinance, the rent

reserved to the Government in respect of has been revised anda new rent of dollars has been fixed as the rent so reserved with effect fromthe , 19 , until further revision takes place under section 32 of the LandOrdinance or other provision of law in that behalf.

District Land Office

....................................Assistant Collector

..................19

Cap.68.

Transmitted to the Director of Landsand Surveys for registration.

..................................................................Assistant Collector of Land Revenue.

...................., 19

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