SlideShare uma empresa Scribd logo
1 de 11
Baixar para ler offline
LEASE OF RESERVED LAND
     (SECT 62 – 64)

          LAW 504
          Prepared by:
           Pn Hamsiah Omar
Sect 62

 SA  has power to reserve any state land
 For public purpose eg. Hospitals, schools
 It does not include:-

  - forest reserved
 - Malay reserved
How is it made?

1.   Notification in a gazette
     - description of land;
     - description of purpose;
     - designate/appoint officer who has control;
     - Will be conclusive evidence
…continue

2.   Notification shall be published (refer Sect
     433)
     Where ?
     - on the reserved land;
     - Penghulu’s office or balairaya
     - court, mosque, market
     - will be conclusive evidence
…continue

3.   Can the land be used for other purpose?
     Section 62(4) - No
4.   Can reserved land be alienated ?
     No, unless it is first revoked from reserved
     status and becomes state land.
…continue

What can the SA do to        How long is the lease
 reserved land?                period?

Sec. 63 – SA may grant       Not exceeding 21 years
  lease wholly ore partly
  of the land if it is not
  been used.
How to apply lease of reserved land?
Section 63

i.    By officer in charge of reserved land to SA;
      or
ii.   By other person or body direct to SA after
      obtaining consent from officer in charge of
      reserved land.
What is the form issued?

 Form  4E and subject to conditions stated
  therein.

Can the reserved land be revoked?
Section 64 – Yes , wholly or partly
How is it revoked?

   Notice of proposal to revoke to be published in
     a gazette - state time, date and place to hold
    inquiry.
   Inquiry to be held by the SA to hear any objection.
   Then, SA will decide whether or not to revoke.
   Notice of revocation shall be published
    (sec 433)
   Land becomes state land after revocation
Govt. of Neg Sembilan v. Yap Chong
Lan

Facts- Land reserved for vegetable farm but
        later part of the land been alienated
        Land alienated before revocation is
        made
Issue - whether the procedure to revoke a
        mandatory?
Held – Under certain circumstances, it merely a
   formality. Land was in habited and the size of
   affected area was a small portion.
Let us proceed to the next topic

Mais conteúdo relacionado

Destaque

Tenancy exempt from registration (txr)
Tenancy exempt from registration (txr)Tenancy exempt from registration (txr)
Tenancy exempt from registration (txr)Husna Rodzi
 
International Law i week four
International Law i week fourInternational Law i week four
International Law i week fourHusna Rodzi
 
International Law i week two
International Law i week twoInternational Law i week two
International Law i week twoHusna Rodzi
 
International Law i week three
International Law i week threeInternational Law i week three
International Law i week threeHusna Rodzi
 
LAND LAW 1 slides registration of dealings 2014
LAND LAW 1 slides registration of dealings 2014LAND LAW 1 slides registration of dealings 2014
LAND LAW 1 slides registration of dealings 2014xareejx
 
LAND LAW 1 slides dealings part 1
LAND LAW 1 slides dealings part 1LAND LAW 1 slides dealings part 1
LAND LAW 1 slides dealings part 1xareejx
 
Dealings and registration
Dealings and registrationDealings and registration
Dealings and registrationFAROUQ
 
Land law ii (charge general)
Land law ii (charge general)Land law ii (charge general)
Land law ii (charge general)Husna Rodzi
 

Destaque (9)

Tenancy exempt from registration (txr)
Tenancy exempt from registration (txr)Tenancy exempt from registration (txr)
Tenancy exempt from registration (txr)
 
Adr slides
Adr slidesAdr slides
Adr slides
 
International Law i week four
International Law i week fourInternational Law i week four
International Law i week four
 
International Law i week two
International Law i week twoInternational Law i week two
International Law i week two
 
International Law i week three
International Law i week threeInternational Law i week three
International Law i week three
 
LAND LAW 1 slides registration of dealings 2014
LAND LAW 1 slides registration of dealings 2014LAND LAW 1 slides registration of dealings 2014
LAND LAW 1 slides registration of dealings 2014
 
LAND LAW 1 slides dealings part 1
LAND LAW 1 slides dealings part 1LAND LAW 1 slides dealings part 1
LAND LAW 1 slides dealings part 1
 
Dealings and registration
Dealings and registrationDealings and registration
Dealings and registration
 
Land law ii (charge general)
Land law ii (charge general)Land law ii (charge general)
Land law ii (charge general)
 

Semelhante a Lease of reserved land

Lease of reserved land
Lease of reserved landLease of reserved land
Lease of reserved landFAROUQ
 
Alienation of Land
Alienation of LandAlienation of Land
Alienation of LandFAROUQ
 
Alienation of Land
Alienation of LandAlienation of Land
Alienation of LandFAROUQ
 
Private Caveat
Private CaveatPrivate Caveat
Private Caveata_sophi
 

Semelhante a Lease of reserved land (8)

Lease of reserved land
Lease of reserved landLease of reserved land
Lease of reserved land
 
Alienation
AlienationAlienation
Alienation
 
Alienation of Land
Alienation of LandAlienation of Land
Alienation of Land
 
Alienation of Land
Alienation of LandAlienation of Land
Alienation of Land
 
Tol
TolTol
Tol
 
Tol
TolTol
Tol
 
Tol
TolTol
Tol
 
Private Caveat
Private CaveatPrivate Caveat
Private Caveat
 

Mais de Husna Rodzi

Land law ii (lien) as at mac 2013
Land law ii (lien) as at mac 2013Land law ii (lien) as at mac 2013
Land law ii (lien) as at mac 2013Husna Rodzi
 
Slides adr asgnment oct 2010 latest
Slides adr asgnment oct 2010 latestSlides adr asgnment oct 2010 latest
Slides adr asgnment oct 2010 latestHusna Rodzi
 
State authority 1
State authority   1State authority   1
State authority 1Husna Rodzi
 
Conditions and restrictions in interest
Conditions and restrictions in interestConditions and restrictions in interest
Conditions and restrictions in interestHusna Rodzi
 
Subsidiary rights
Subsidiary rightsSubsidiary rights
Subsidiary rightsHusna Rodzi
 

Mais de Husna Rodzi (7)

Land law ii (lien) as at mac 2013
Land law ii (lien) as at mac 2013Land law ii (lien) as at mac 2013
Land law ii (lien) as at mac 2013
 
Slides adr asgnment oct 2010 latest
Slides adr asgnment oct 2010 latestSlides adr asgnment oct 2010 latest
Slides adr asgnment oct 2010 latest
 
Adr present
Adr presentAdr present
Adr present
 
What is land
What is landWhat is land
What is land
 
State authority 1
State authority   1State authority   1
State authority 1
 
Conditions and restrictions in interest
Conditions and restrictions in interestConditions and restrictions in interest
Conditions and restrictions in interest
 
Subsidiary rights
Subsidiary rightsSubsidiary rights
Subsidiary rights
 

Lease of reserved land

  • 1. LEASE OF RESERVED LAND (SECT 62 – 64) LAW 504 Prepared by: Pn Hamsiah Omar
  • 2. Sect 62  SA has power to reserve any state land  For public purpose eg. Hospitals, schools  It does not include:- - forest reserved - Malay reserved
  • 3. How is it made? 1. Notification in a gazette - description of land; - description of purpose; - designate/appoint officer who has control; - Will be conclusive evidence
  • 4. …continue 2. Notification shall be published (refer Sect 433) Where ? - on the reserved land; - Penghulu’s office or balairaya - court, mosque, market - will be conclusive evidence
  • 5. …continue 3. Can the land be used for other purpose? Section 62(4) - No 4. Can reserved land be alienated ? No, unless it is first revoked from reserved status and becomes state land.
  • 6. …continue What can the SA do to How long is the lease reserved land? period? Sec. 63 – SA may grant Not exceeding 21 years lease wholly ore partly of the land if it is not been used.
  • 7. How to apply lease of reserved land? Section 63 i. By officer in charge of reserved land to SA; or ii. By other person or body direct to SA after obtaining consent from officer in charge of reserved land.
  • 8. What is the form issued?  Form 4E and subject to conditions stated therein. Can the reserved land be revoked? Section 64 – Yes , wholly or partly
  • 9. How is it revoked?  Notice of proposal to revoke to be published in a gazette - state time, date and place to hold inquiry.  Inquiry to be held by the SA to hear any objection.  Then, SA will decide whether or not to revoke.  Notice of revocation shall be published (sec 433)  Land becomes state land after revocation
  • 10. Govt. of Neg Sembilan v. Yap Chong Lan Facts- Land reserved for vegetable farm but later part of the land been alienated Land alienated before revocation is made Issue - whether the procedure to revoke a mandatory? Held – Under certain circumstances, it merely a formality. Land was in habited and the size of affected area was a small portion.
  • 11. Let us proceed to the next topic