(b) so many Deputy Directors of Lands and Mines,
Assistant Directors of Lands and Mines, Deputy Registrar of Titles, Deputy Directors
of Survey, District Land Administrators, Assistant District Land Administrators,
Survey Officers, Settlement Officers and other officers as the State Authority
may consider necessary for the purpose of this Act.
(2) The State Authority may define the districts, sub-districts and other areas in which any of the officers referred to in paragraph (b) of sub-section (1) may exercise the powers and perform the duties conferred or imposed upon them by or under this Act.
(a) be responsible to the State Authority for the
due administration within the State of the provisions of this Act;
(b) act in accordance with any direction given to him by the State Authority;
(c) have all the powers conferred upon the Registrar and a Land Administrator by or under this Act.
(d) subject to the direction of the State Authority, exercise general control and supervision over the Registrar, and over all officers (other than Deputy Directors of Survey and other Survey Officers) referred to in paragraph (b) of sub-section (1).
(4) The State Director, the Registrar and every Land Administrator shall each have a seal of office, and every instrument purporting to bear any such seal, and to have been signed by or on behalf of the officer in question shall, unless the contrary be proved, be deemed to have been sealed and signed by him or at his direction.
(5) Subject to the provisions of subsection (3), in every district in which there may be one or more Assistant Land Administrator in addition to a Land Administrator, every Assistant Land Administrator shall exercise the powers and perform the duties conferred or imposed upon him by or under this Act in conformity with the directions of the Land Administrator.
Delegation of powers of State Authority
to State Director, etc.
(i) This section shall not apply to any power of the State Authority under this Act to make rules;
(ii) this section shall not apply to any power of the State Authority under this Act to dispose of any land-
(a) within fifty metres of the bank of any such river as may be declared by the State Authority by the notification in the Gazette;
(b) within fifty metres from the edge of any such lake or spring as may be declared by the State Authority by notification in the Gazette, with the edge of any such lake or spring to be delineated therein; and
(c) within fifty metres of any shoreline.
(iii) the giving of notification under this section with respect to any power or duty shall not prevent the State Authority from itself exercising that power or performing that duty in any case where it appears to the State Authority expedient to do so.
(2) For the purposes of paragraph (ii) if the proviso to subsection (1), "river" includes a reservoir of water resulting from the damming of a river.
Power of State Authority to make rules.
14. (1) Subject to subsection
(2), the State Authority may make rules generally for carrying out the objects
and purposes of this Act within the State, and in particular, but without prejudice
to the generality of the foregoing, may by such rules make provision with respect
to-
(a) the mode in which applications for State land are to be made;
(b) the issue, under Chapters 2 and 3 respectively of Part Four, of temporary occupation licences and permits to extract and remove rock materials, and the issue for the purposes of section 427 of permits for the grazing of animals;
(c) the control and management of reserved land, and the leasing thereof under section 63;
(d) the sale by auction of land required by or under this Act to be so sold;
(e) the rates (being rates per hectare or other lesser unit of area) at which the rent to be reserved on, and the premium (if any) to be charged in respect of, the alienation under this Act of land of any class or description are, subject to the provisions of this Act, to be calculated;
(f) the payments to be made under, and other incidents of, licenses and permits issued under this Act;
(g) the fees to be paid in connection with any matter arising under this Act;
(h) the scale of costs to be paid in relation to enquiries under this Act;
(i) the places at which, and officers to whom, any item of land revenue is to be paid;
(j) the collection, remission, rebate, payment by instalments or deferment of payment of any item or land revenue;
(ja)the offences which may be compounded and the method and procedure for compounding such offences;
(k) the powers and duties of any officers appointed under subsection (1) of section 12; and
(l) in so far as they do not fall within any of the preceding paragraphs, all procedural and other matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
(2) Nothing in subsection (1) shall empower the State Authority to make rules with respect to the practice or procedure of the Survey Department, or the powers or duties of Survey Officers, or with respect to any matter concerning payments in connection with surveys carried out by the Survey Department other than the collection of such payments.
General powers of State Director, etc.
15. (1) The State Director, the
Registrar, and any Land Administrator, may for the purposes of this Act (and
without prejudice to the exercise of any powers conferred upon him by any other
written law) -
(a) at all reasonable times have free access to, and enter upon, any land in the State;
(b) conduct enquiries in accordance with the provisions of Chapter 4;
(c) administer oaths and affirmations, examine any witness on oath or affirmation, summon any person before him, take and record the evidence of any such person and award costs to any person appearing and giving evidence before him;
(d) with the approval of the State Secretary, inspect and take copies of any documents available in any public office in the State;
(e) by a notice in Form 2B, require any person or body-
(i) to produce for inspection any document of title, or other document relating to land, in his possession or control, or
(ii) to give him such information as that person or body may possess as to the whereabouts of any such document,
and take copies of, or extracts from, any such document:
Provided that no person or body shall be compelled by virtue of this paragraph to produce any document which he could not be compelled to produce on the trial of a suit;
(f) require any application made to him pursuant to the provisions of this Act to be supported by such affidavit or statutory declaration as he may consider necessary or proper;
(g) exercise all other powers conferred on him by this Act, and all such powers ancillary or incidental thereto as may be reasonably necessary to carry out the purposes of this Act.
(2) The Director of Survey, the
Deputy Director of Survey and any other Survey Officer may for the purposes
of this Act (and without prejudice to the exercise of any powers conferred upon
him by any other written law) exercise any of the powers referred to in paragraphs
(a), (e) and (g) of subsection
(1).
(3) Any other officer appointed under subsection
(1) of section 12 and authorised by the State Director either generally
or specially in that behalf may for the purposes of this Act exercise such of
the powers referred to in paragraphs (a) to (f) of subsection (1) as are specified
in the authorisation.
Powers of disposal.
42. (1) Subject to subsection
(2), the State Authority shall have power under this Act-
(a) to alienateState land in accordance with the provisions of sections 76;
(b) to reserve State land, and grant leases of reserved land, in accordance with the provisions of Chapter 1 of Part Four;
(c) to permit the occupation of State land, reserved land and mining land under temporary occupation licences issued in accordance with the provisions of Chapter 2 of Part Four;
(d) to permit the extraction and removal of rock material from any land, other than reserved forest, in accordance with the provisions of Chapter 3 of Part Four;
(e) to permit the use of air space on or above State land or reserved land in accordance with the provisions of Chapter 4 of Part Four provided that such air space shall be within the confines of a structure of any description erected thereon; and
(2) Nothing in this Act shall enable the State Authority-
(a) to dispose of any land for the purposes of mining (within the meaning of the Mining Enactment);
F.M.S. Cap. 147.
(b) to permit the extraction or removal of rock material from any land for the purpose of obtaining metal or mineral therefrom;
(c) to dispose of any land for the purpose of the removal of forest produce therefrom; or
(d) to alienate any land so as to have the effect of less than two-fifths of a hectare of land subject to the category "agriculture" or to any condition requiring its use for any agriculture purpose being held by more than one person or body, provided that the State Authority may, under exceptional circumstances, alienate such land to more than one person or body notwithstanding that it is less than two-fifths of a hectare.
DIVISION II - DISPOSAL OF
LAND
PART FOUR - DISPOSAL OTHERWISE THAN BY ALIENATION
Chapter 1 - Reservation
of Land
Power of reservation of State land.
62. (1) The State Authority may by notification in the Gazette reserve any State land for any public purpose.
(2) Any notification gazetted under subsection
(1) shall-
(b) describe the purpose for which the land is reserved;
(c) designate the officer for the time being having the control of the reserved land;
(d) be conclusive evidence that the land so described is reserved for a public purpose.
(3) Copies of any such notification shall be published in accordance with the provisions of section 433.
(4) Without prejudice to the provisions of any other written law for the time being in force, reserved land shall not be-
(a) disposed of by the State Authority except to the extent permitted by, and in accordance with the provisions of, section 63 and Chapters 2, 3 and 4 of this Part, or
(b) used for any purpose other than that for which it is reserved except in pursuance of a disposition made by virtue of any of those provisions.
Power to lease reserved land.
63. (1) The State Authority may,
on an application made by the officer for the time being having the control
of any reserved land, or by any other person or body who has first obtained
the approval of that officer, from time to time grant leases of the whole or
any part thereof for any period not exceeding twenty-one years.
(2) Any lease granted under this section shall be in form 4AA; and any such lease shall have effect subject to such express conditions or other provisions as may be contained therein and, so far as not inconsistent therewith, to any other conditions or provisions which may be prescribed.
Revocation of reservation.
64. (1) The reservation of any
land for a public purpose (whether effected under this Act or the provisions
of any law in force at any time before the commencement thereof) may, subject
to subsection (2), be revoked by the State Authority
at any time, either as respects the whole of the land or as respects any part
or parts thereof.
(2) Where it is proposed to revoke any reservation in pursuance of subsection (1), notice of the proposal shall be published in the Gazette together with details of a time and place at which an enquiry will be held with respect thereto by the State Director; and the State Authority-
(a) shall not revoke the reservation until it has considered a report by the State Director setting out the nature of any objections to the proposal received by him at the enquiry, and his observations thereon and on the proposal generally, but
(b) may thereafter revoke the reservation, either in accordance with the proposal as published, or in accordance with the proposal modified in such respects as the State Authority may consider necessary or desirable.
(3) Copies of any notice published under subsection
(2) shall be published in accordance with the provisions of section 433.
(4) Any lease of reserved land subsisting at the time the reservation is revoked under this section shall continue in force notwithstanding the revocation.
Chapter 2 -Temporary Occupation
of Land
Power to licence temporary
occupation of State land, mining land and reserved land.
65. (1) The State Authority may,
in accordance with the provisions of this Chapter and of any rules under section
14, permit the temporary occupation under licence of-
(i) of the Senior Inspector of Mines, or such other officer as may for the time being be charged with the administration within the State of any written law relating to mining, and with the approval also of any lessee thereof;
(ii) the person or body for the time being entitled to the benefit of the mining lease or certificate in question;
Duration, conditions, etc., and form of
temporary occupation licences.
67. (1) Except in so far as it
is otherwise prescribed, every temporary occupation licence other than one which
section 69 applies (that is to say, a temporary occupation
licence combined with a permit to extract and remove rock material) shall
be issued for a term expiring not later than the end of the calendar year in
which it commences, and subject to sub-section (3)
may be renewed annually:
Provided that a licence issued for the purpose of enabling any public exhibition or entertainment to be held may be issued for such other term as may be appropriate in the circumstances.
(2) Every temporary occupation licence shall have effect subject to such provisions as may be contained therein, and so far as not inconsistent therewith, to any other provisions which may be prescribed.
(3) Subject to the condition under which a temporary occupation licence is issued, the Land Administrator may on the application of a licensee renew such a licence for a term of not more than one calendar year:
A264.
Provided that there shall not be more than three renewals made in respect of a temporary occupation licence unless a prior written approval of the State Authority has been obtained.
A264.
(4) Every temporary occupation licence other than one to which section 69 applies shall be in Form 4A and in the case of renewal of such licence it shall be endorsed with a note of such renewal and the date of its intended expiry.
Temporary occupation licences not capable
of transfer or transmission on death.
68. Except so far as it is otherwise
prescribed, a temporary occupation licence shall not be capable of assignment;
and every such licence shall, except as provided in section 416, terminate on
the death of the person, or dissolution of the body, for the time being entitled
to the benefit thereof.
Deposits in respect of temporary occupation
licence.
68A. The State Authority may if
it thinks fit direct that, except in such circumstances as may be specified
in the direction, the Land Administrator or other officer by whom any temporary
occupation licence is issued shall require the person or body to whom it is
issued to deposit with him such sum as he may consider reasonable as security
for the rehabilitation of the land to which the temporary occupation licence
relates upon the termination thereof.
Combined temporary occupation licence and
permit under Chapter 3.
69. (1) Without prejudice to the
generality of subsection (2) of section 65,
the purposes for which a temporary occupation licence may be issued shall include
the extraction and removal of any rock material (otherwise than for the purpose
of obtaining metal or mineral therefrom) from the land to which the licence
relates; and, in such case, the licence-
(a) shall be in Form 4B, and
(b) may be issued for a maximum term not exceeding five years, or such greater number of years as may be prescribed.
(2) So far as it authorises the extraction and removal of rock material from land, a temporary occupation licence shall, notwithstanding that it is issued in accordance with, and has effect subject to, the provisions of this Chapter, be deemed to constitute a permit validly issued on behalf of the State Authority in accordance with the provisions of Chapter 3; and accordingly-
(a) any direction given by the State Authority under section 74 shall apply in relation to licences authorising the extraction and removal of rock material as it applies to permits under that chapter, and
(b) any such licence shall have the like effect in relation to any conditions to which the land in question is for the time being subject as such a permit has by virtue of section 75.
Chapter 3 - Removal of Rock
Material
Power to permit extraction
and removal of rock material.
70. The State Authority may, in accordance with the provisions of this chapter and of any rules under section 14, permit the extraction, removal and transportation of any rock material (otherwise than for the purpose of obtaining metal or mineral therefrom) from-
71. Permits to extract, remove
and transport rock material may, subject to any contrary direction by the State
Authority and to the provisions of any rules under section 14, be issued on
behalf of the State Authority-
(ii) with the consent of the proprietor, any other person or body;
(c) in the case of mining land, by the Land Administrator, acting with the approval of the Senior Inspector of Mines or of such other officer as may for the time being be charged with the administration within the State of any written law relating to mining, to-
(i) the person or body for the time being entitled to the benefit of the mining lease or certificate in question, or
(ii) with the consent of that person or body, any other person or body;
(i) by the Land Administrator acting with the approval of the officer for the time being having the control thereof; or
(ii) by that officer, whenever and to such extent as he may be authorised in that behalf by the State Authority.
Duration, conditions, etc., and form of permits.
72. (1) Except in so far as it
is otherwise prescribed, every permit to extract, remove and transport rock
material shall be issued for a term expiring not later than the end of the calendar
year in which it commences, and shall terminate at the expiry of that term even
though the total quantity of rock material specified therein has not by then
been extracted, removed and transported.
(2) Every permit to extract and remove rock material shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.
(3) Every permit to extract and remove rock material shall or in Form 4C.
Permits not capable of transfer or transmission
on death.
73. Except so far as it is otherwise
prescribed, a permit to extract, remove and transport rock material shall not
be capable of assignment; and every such permit shall, except as provided in
section 416, terminate on the death of the person, or dissolution of the body,
for the time being entitled to the benefit thereof.
Deposits in respect of permits.
74. The State Authority may if
it thinks fit direct that, except in such circumstances as may be specified
in the direction, the Land Administrator or other officer by whom any permit
to extract, remove and transport rock material is issued shall require the person
or body to whom it is issued to deposit with him such sum as he may consider
reasonable as security for-
(a) the due performance and observance of the provisions to which the permit is subject, and
(b) the rehabilitation of the land to which the permit relates upon the termination thereof.
Effect of permits on conditions affecting
land.
75. The doing of anything authorised
by any permit to extract, remove and transport rock material for the time being
in force shall not be taken to constitute a breach of any condition to which
the land to which the permit relates is for the time being subject, whether
by virtue of this Act, of any written law relating to mining, or of other written
law.
Chapter 4 - Permit To Use
Air Space Above State Land And Reserved Land
Power to permit use of air space above
State land or reserved land.
75A. The State Authority may in
accordance with the provisions of this Chapter and of any rules under section
14 approve the issue of a permit for a period not exceeding twenty-one years
for the purpose of erecting, maintaining and occupying a structure on State
land or reserved land, or over State land or reserved land as an adjunct to
any structure on the adjoining land:
Provided that in a case involving reserved land, the consent of the officer for the time being having control thereof shall have been obtained.
Application for permits.
75B. (1) Any application for a
permit under section 75A shall be in such form as may be prescribed, and shall
be addressed to the Land Administrator and accompanied by-
(a) such fee as may be prescribed;
(b) details of the structure to be erected and maintained and a plan thereof as approved by the appropriate planning authority; and
(c) in the case of an application involving the use of air space for the purpose of erecting a structure on or over reserved land, a letter of consent from the officer for the time being having control of that land.
(2) The State Authority may, if it is satisfied that it is necessary in the circumstances of the case to allow the air space to be used for the purpose as specified in the application, gives its approval.
75D. Every permit under section 75A shall be issued subject to the following-
(a) an annual payment as may be determined by the State Authority; and
(b) such terms and conditions as may be specified.
Permits not capable of assignment except with consent of State authority.
75E. A permit under this Chapter shall not be capable of assignment except with the prior consent of the State Authority.
Deposit or security in respect of permits.
75F. The State Authority may, if it thinks fit, direct that the Land Administrator by whom such permit is to be issued shall, before issuing the same, require the person or body to whom it is to be issued, to deposit such sum or furnish such security as he may consider reasonable for the due performance and observance of the provisions to which the permit is subject.
Power to cancel permits.
75G. (1) A permit issued under this Chapter may be cancelled by the State Authority immediately upon, or at any time after, the occurrence of a breach of any rule, term or condition to which it is subject without payment of any compensation, and thereupon any deposit or security furnished under section 75F in relation to the issue of such permit shall be forfeited to the State Authority.
(2) A permit issued under this chapter may be cancelled by the State Authority at its discretion at any time before the date of expiry of the permit notwithstanding that it has not become liable to cancellation under subsection (1).
(3) Where a permit is cancelled under subsection (2), there shall be paid to the person or body to which it was issued such compensation as may be agreed or determined under section 434.
PART FIVE - DISPOSAL BY ALIENATION Chapter 1 - Introductory
Meaning of alienation.
76. The alienation of State land under this Act shall consist of its disposal by the State Authority-
(a) For a term not exceeding ninety-nine years;
(aa) in perpetuity-
(i) where the Federal Government requires the State Authority to cause a grant in perpetuity to be made to the Federal Government or to a public authority or where the Federal Government and the Government of the State agree to make a grant in perpetuity to the Federal Government;
(ii) where the State Authority is satisfied that the land is to be used for a public purpose; or
(iii) where the State Authority is satisfied that there are special circumstances which render it appropriate to do so;
(b) in consideration of the payment of an annual rent;
(c) in consideration, unless the State Authority thinks fit to exempt therefrom in any particular case, of the payment of a premium;
(d) subject, unless the State Authority otherwise directs pursuant to subsection (5) of section 52, to a category of land use determined in accordance with subsection (2) and (3) of that section; and
(e) subject to such conditions and restrictions in interest as may be imposed by the State Authority under, or are applicable thereto by virtue of, any provision of this Act:
Provided that nothing in paragraph (aa) shall enable the State Authority to dispose of any part of the foreshore or sea-bed for a period exceeding ninety-nine years; and paragraph (d) shall not apply to the alienation of land under this Act in pursuance of an approval given by the State Authority before the commencement thereof.
Titles under which land may be alienated.
77. (1) The titles under which State land may be alienated under this Act are-
(a) Registry title and land office title (being forms of final title), and
(b) qualified title.
(2) Land may be alienated under qualified title at any time after its alienation has been approved by the State Authority, but may not be alienated under either of the forms of final title aforesaid unless-
(a) it has been surveyed in accordance with the provisions of section 396 (whether for the purposes of the alienation in question or on some previous occasion), or
(b) having been surveyed under any previous land law, it is shewn on a certified plan prepared on that survey and adopted by the Director of Survey for the purposes of this Act.
(3) Of the said forms of final title-
(a) Registry title shall be appropriate in the case of-
(i) town or village land,
(ii) any lot of country land exceeding ten acres in area, and
(iii) any part of the foreshore or sea-bed; and
(b) Land Office title shall be appropriate in the case of any lot of country land not exceeding four hectares in area
Provided that-
(i) the State Authority may if it thinks fit, on approving the alienation of any country land, direct that the land shall ultimately be held under Registry title notwithstanding that its area does not exceed four hectares, and
(ii) the foregoing provisions shall have effect subject to section 11 of the Land (Group Settlement Areas), Act 1960, under which Land Office title is required to be issued in respect of all holdings under that Act.
13 of 1960.
How alienation is effected.
78. (1) The alienation of the State land under final title shall be effected in accordance with the provisions of Chapter 3,
(2) the alienation of State land under qualified title shall be effected in accordance with the provisions of Chapter 2 of Part Eleven.
(3) The alienation of State land shall take effect upon the registration of a register document of title thereto pursuant to the provisions referred to in subsection (1) or (2), as the case may be; and, notwithstanding that its alienation has been approved by the State Authority, the land shall remain State land until that time.
Chapter 2 - Approval of Land for Alienation
General provisions relating to approvals.
79. (1) Where any approval of the State Authority to the alienation of land under this Act relates to land which (under subsection (2) of section 77) is required to be surveyed before it can be held under final title, it shall be given by reference to a plan and description sufficient to enable the land and its boundaries to be provisionally identified and ascertained pending the survey.
(2) The following matters shall be determined by the State Authority at the time when it approves the alienation of land under this Act to any person or body-
(a) the area approved for alienation or (in the case of land requiring to be surveyed ) the area provisionally approved;
(b) the period for which the land is to be alienated;
(ba) the form of qualified title;
(c) the form of final title under which the land is ultimately to be held;
(d) the rate per hectare or other lesser unit of area at which the rent to be reserved thereon is to be calculated;
(e) the question whether any premium is to be charged and, if so, the rate per hectare or other lesser unit of area at which it is to be calculated;
(f) the question whether (as permitted by subsection (5) of section 52) the land is to be alienated free from any category of land use and, if not, the category to be imposed (unless already prescribed by a notification having effect in relation to the land under subsection (2) of that section); and
(g) the express conditions and restrictions in interest (if any) to be imposed.
Chapter 3 - Implied Conditions BOUNDARY - MARKS
Implied conditions affecting all alienated land.
114. All alienated land shall be subject to the following implied conditions relating to the boundary-marks thereof-
(a) that the proprietor will take all reasonable steps to prevent their damage, destruction or unlawful removal;
(b) that the proprietor will, if any of them are damaged, destroyed or unlawfully removed, give immediate notice of the fact to the Land Administrator, or to the penghulu having jurisdiction in the area in which the land is situated;
(c) that the proprietor will, if so required by the Land Administrator pay the cost of repairing or, as the case may be, replacing any of them which may have been damaged, destroyed or unlawfully removed; and
(d) that the proprietor will, if so required by the Land Administrator, at his own expense clear any boundary line between any of them.
CATEGORY : AGRICULTURE
Implied conditions affecting land subject to the category "agriculture"
115. (1) Where any alienated land is subject by virtue of any provision of this Act to the category "agriculture", the following implied conditions shall, subject to sub-section (3), apply thereto-
(a) that no building shall be erected on the land other than a building or buildings to be used for one or more of the purposes specified or referred to in sub-section (4);
(b) that a bona fide commencement of cultivation of the land shall be made within twelve months of the relevant date;
(c) that the whole area of the land, other than any part thereof-
(i) occupied by or in conjunction with a building (whenever erected) used for one or more of the purposes, specified or referred to in sub-section (4), or
(ii) used for any of the purposes mentioned in paragraph (e) of that sub-section, or any other purpose which the State Authority may specially authorise,
shall be brought fully under cultivation within three years of the relevant date;
(d) that the area referred to in paragraph (c) shall be maintained and cultivated according to the rules of good husbandry; and
(e) that the said area shall be continuously cultivated:
Provided that the condition specified in paragraph (e) shall be regarded as complied with in the case of any area so long as any period during which less than the whole thereof is cultivated does not exceed twelve months.
(2) In sub-section (1) "relevant date" means the date on which the land became subject to the category:
Provided that, where any land becomes subject to the category on its amalgamation with other land already so subject, the date on which a register document of title to the amalgamated area is first registered shall become the relevant date as respects the whole of that area.
(3) The conditions specified in sub-section (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4) The purposes referred to in paragraph (a) of subsection (1) are the following-
(a) the purposes of a dwelling-house for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any persons employed for agricultural purposes by the proprietor or any other such person:
Provided that the dwelling-house for the proprietor of the land or any other person lawfully in occupation thereof shall not occupy more than one-fifth of the whole area of the land or two hectares, whichever is the lesser;
(b) the purposes of agriculture;
(c) the purpose of extracting or processing raw material from any agricultural produce of such land;
(d) the purpose of preparing for distribution any such material or produce, or any honey-bees, livestock or reptiles kept or bred on such land, or the produce of such livestock or aquaculture on such land;
(e) the purposes of providing educational, medical, sanitary or other welfare facilities, including (so far as they are provided primarily for use by persons employed on the land) facilities for the purchase of goods and other commodities;
(f) any purpose which the State Authority may prescribe for the purpose of this section by rules under section 14.
(g) any purpose which the State Authority may think fit to authorise in the circumstances of any particular case;
(h) any purpose incidental to a purpose falling within any of the preceding paragraphs.
CATEGORY : BUILDING
Implied conditions affecting land subject to the category "building".
116. (1) Where any alienated land is subject by virtue of any provision of this Act to the category "building", the following implied conditions shall, subject to subsection (3), apply thereto-
(a) that, unless on the relevant date such a building already existed on the land, there shall within two years of that date be erected thereon a building suitable for use for one or more of the purposes specified or referred to in subsection (4);
(b) that no part of the land shall be used for agricultural or industrial purposes (except in so far as the erection or maintenance of any building for a purpose or purposes falling within paragraph (f) or (g) of subsection (4) may constitute such a use);
(c) that every building thereon (whensoever erected) shall be maintained in repair;
(d) that no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority.
(2) In subsection (1) "relevant date" means the date on which any part of the land first became subject to the category.
(3) The conditions specified in subsection (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
(4) the purposes referred to in paragraph (a) of subsection (1) are the following-
(a) residential purposes;
(b) administrative or commercial purposes, or the purposes of passenger transport;
(c) the purposes of exhibiting, selling by retail, repairing or otherwise dealing in any goods or commodities, or of providing any services;
(d) the purposes of providing educational, medical, sanitary or other welfare facilities;
(e) the purposes of entertainment, refreshment or recreation;
(f) any purpose which the State Authority may prescribe for the purposes of this section by rules under section 14;
(g) any purpose which the State Authority may think fit to authorise in the circumstances of any particular case;
(h) any purpose incidental to a purpose falling within any of the preceding paragraphs.
CATEGORY : INDUSTRY
Implied conditions affecting land subject to the category "industry".
117. (1) Where any alienated land is subject by virtue of any provision of this Act to the category "industry", the following implied conditions shall, subject to sub-section (2), apply thereto-
(a) that it shall be used only for industrial purposes, that is to say, for the purposes of the erection or maintenance of factories, workshops, foundries, warehouse, docks, jetties, railways or other buildings or installations for use for on in connection with one or more of the following purposes-
(i) manufacture;
(ii) smelting;
(iii) the production or distribution of power;
(iv) the assembling, processing, storage, transport or distribution of goods, or other commodities;
(v) such other purposes a the State Authority ay prescribe for purposes of this section by rules under section 14;
(b) that the industry shall commence operations within three years of the relevant date and that every building or installation thereon (whensoever erected or installed) shall be maintained in repair;
(c) that no such building or installation shall be demolished, altered or extended without the prior consent in writing of the appropriate authority:
Provided that the condition specified in paragraph (a) shall not prevent the maintenance or erection on the land of any building used or to be used-
(i) for the provision of educational, medical, sanitary or other welfare facilities for the proprietor of the land or any other person lawfully in occupation thereof, or for the servants of, or any person employed for industrial purposes by, the proprietor or any other such person, or
(ii) for any purpose which the State Authority may think fit to authorise in the particular circumstances of the case.
(1A) In subsection (1) "relevant date" means the date on which any part of the land first became subject to the category.
(2) The conditions specified in sub-section (1) shall be implied in the case of any land to the extent only that they are not inconsistent with any express conditions to which the land is for the time being subject.
AGRICULTURAL LAND ALIENATED UNDER QUALIFIED TITLE
Implied condition affecting agricultural land alienated under qualified title.
118. (1) Where any land alienated under qualified title is subject-
(a) by virtue of subsection (2) of section 55, to the implied condition specified in subsection (2) or section 53, or
(b) to any express condition requiring that it be used for an agricultural purpose, or
(c) to the category "agriculture",
it shall, subject to sub-section (2), be subject so long as it remains held under qualified title to an implied condition that no building other than a temporary one shall be erected thereon without the approval of the Land Administrator.
(2) The conditions specified in sub-section (1) shall be implied in the case of any land to the extent only that it is not inconsistent with any express condition to which the land is for the time being subject.
LAND ENDORSED "PADI" BEFORE COMMENCEMENT
Implied condition affecting land alienated before commencement for padi cultivation.
119. (1) Where the document of title to any country land alienated before the commencement of this Act, not being land exceeding four hectares in area, contains the expression "padi', or any equivalent or variant thereof specified in the Fourth Schedule, as the nature of cultivation or the purpose of alienation thereof, or as part of that nature or one such purpose, then, subject to subsections (2) and (3), the land shall be subject to the following implied conditions-
(a) that such area of the land as, in the opinion of the Land Administrator, is suitable for the cultivation of rice shall be so cultivated;
(b) that that area shall be maintained and so cultivated according to the rules of good husbandry; and
(c) that that area shall be continuously so cultivated:
Provided that the condition specified in paragraph (c) shall be regarded as complied with in the case of any area so long as three-quarters at least thereof is at all times so cultivated, and any period during which less than the whole is so cultivated does not exceed twelve months.
(2) This section does not apply to any land the document of title to which is, at the commencement of this Act, endorsed with a memorial of exemption from the like provisions of any previous land law.
(3) The conditions implied by this section shall cease to apply to any land-
(a) where the expression giving rise to them is removed from the document of title pursuant to an application by the proprietor under section 124.
(b) where the land becomes subject to any category of land use.
LAND ALIENATED SUBJECT TO A CATEGORY
Category : Agriculture.
121. (1) Where in pursuance of section 52 any land is alienated under this Act subject to the category "agriculture", the State Authority may, in the exercise of its powers under section 120 (and without prejudice to the generality of those powers), impose such conditions as it may think fit-
(a) requiring the cultivation thereon, or on any part or proportion thereof, of a particular crop, or of any class or description of crops;
(b) prohibiting the cultivation thereon, or on any part or proportion thereof, of a particular crop, or of any class or description of crops;
(c) fixing the dates in any year on or before which any work of clearing, cultivation, sowing, manuring or harvesting, or any other agricultural activity, is to be commenced or completed;
(d) limiting the maximum area of the land which may be occupied by dwelling-houses and other buildings.
(2) In this section "crop" includes trees cultivated for the purpose of their produce.
Categories : Building and Industry.
122. Where in pursuance of section 52 any land is alienated under this Act subject to the category "building", the category "residential" or the category "industry", the State Authority may, in the exercise of its powers under section 120 (and without prejudice to the generality of those powers), impose such conditions as it may think fit with respect to-
(a) the area or proportion of the land to be build upon;
(b) the type, design, height and structure of any building to be erected on the land, and the type and quality of the materials to be used in its construction;
(c) the dates on or before which any such building is to be commenced or completed;
(d) the use to which any building is to be put.
Power of State Authority to vary conditions, etc., on application of proprietor.
124. (1) the proprietor of any alienated land may apply to the State Authority under this section for-
(a) the alteration of any category of land use to which the land is for the time being subject or, where it is not so subject, for the imposition of any category thereon;
LAND BECOMING SUBJECT TO A CATEGORY AFTER ALIENATION
Imposition of express conditions on land becoming subject to a category under section 54.
123. (1) The State Authority may, in any notification given under section 54 with respect to any area, direct that, as from the date on which any land in the area becomes subject by virtue of the notification to any category of land use specified in the direction, it shall be subject also to such express conditions as are so specified, being conditions relating to any of the matters mentioned in section 121 or, as the case may be, 122;
(2) On or before the date on which any land becomes subject to any conditions by virtue of any such notification there shall be endorsed on the document of title to the land either the conditions themselves or a reference thereto.
(3) No condition shall be imposed by virtue of this section which is inconsistent with any of the implied conditions specified in section 114.
VARIATION OF CONDITIONS, RESTRICTIONS AND CATEGORIES
(b) the rescission of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the removal from that document of the expression "padi", or any other expression by virtue of which the land is subject for the time being to the implied conditions specified in section 119; or
(ba)the removal from the document of title of the expression "rubber", "kampung" or any other expression pertaining to land use, and the imposition of other express conditions pertaining to land use;
(c) the amendment of any express condition or restriction in interest endorsed on, or referred to in, the document of title thereto, or the imposition of any new express condition or restriction in interest:
Provided that the State Authority shall not entertain any such application unless it is satisfied with respect to every person or body having a registered interest in the land, or in occupation of any part thereof under any tenancy exempt from registration, either that he has consented thereto or that his consent ought in the circumstances of the case to be dispensed with:
Provided further that the State Authority shall not entertain any such application unless any rent due has been paid.
(2) Where the State Authority approves any application under paragraph (a) of subsection (1)-
(a) it shall direct that the category of land use specified in the application be endorsed on the document of title to the land, and the existing category (if any) deleted, and
(b) it may if it thinks fit direct that there shall also be endorsed on the document of title such new express conditions as are specified in the direction, being conditions relating to any of the matters mentioned in section 121 or, as the case may be, 122;
and, as from the date on which the direction is carried into effect-
(i) the land shall become subject to any conditions endorsed pursuant thereto and (according to the category of land use so endorsed) to the conditions implied by section 115, 116, or 117;
(ii) there shall cease to apply to the land all conditions to which it was previously subject except those implied under section 114 and, where applicable, 118.
(3) Where the State Authority approves any application under paragraph (b) of subsection (1), it shall direct that the condition, restriction in interest or expression in question be struck off the document of title to the land or, in the case of any condition or restriction which is merely referred to in the document of title, that a note of its rescission to be so endorsed.
(3A) Where the State Authority approves any application under paragraph (ba) of subsection (1), it shall direct that the expression in question be struck off, and the new express conditions be endorsed on the document of title to the land.
(4) The State Authority may approve any application under paragraph (c) of subsection (1) either in the terms in which it was submitted or, with the consent of the applicant and any other persons or bodies whose consent thereto was required under the proviso to that sub-section, subject to such modifications as it may think fit, and shall, in either case, direct as appropriate-
(a) the amendment of any condition or restriction in interest endorsed on the document of title to the land, or
(b) the endorsement on that document of title of a note of the amendment of any condition or restriction which is merely referred to therein, or
(c) the endorsement on that document of title of any new condition.
(5) Any direction given by the State Authority under this section may be made conditional upon all or any of the following matters-
(a) the payment of a further premium;
(aa) the payment of any other charges as may be prescribed;
(c) the reservation of a new rent;
(d) compliance with such other requirements as the State Authority may think fit.
(6) No condition shall be imposed by virtue of this section which is inconsistent with any implied condition to which the land in question is for the time being subject under section 114 or 119, and no condition shall be amended by virtue of this section so as to become inconsistent with any such implied condition.
(7) upon approval by the State Authority under this section, the Land Administrator shall sign a memorandum in Form 7C in accordance with the direction of the State Authority and shall present the same, and on the memorial thereof being made, the Registrar shall make an entry on the register and issue documents of title to the land and shall note the date thereof and the authority therefor, and authenticate the same under his hand and seal.
(8) The rent and premium in any direction issued by the State Authority under this section shall become due to the State Authority at the time when it approves the application and the Land Administrator shall cause to be served on the proprietor a notice in Form 7G requiring him to pay such sum within the specified time and if any such sum is not paid within such time the approval of the State Authority shall thereupon lapse.
Simultaneous applications for sub-division and under section 124 (1) in respect of the proposed sub-divisional portions.
124A. (1) the proprietor of any alienated land may apply to the State Authority for the approval of the sub-division of the land and at the same time make an application under subsection (1) of section 124 in respect of the proposed sub-divisional portions.
(2) any application under subsection (1) of section 124 in respect of the proposed sub-divisional portions shall be in Form 7D, and shall be treated and dealt with under section 124 as a separate application under sub-section (1) of section 124 in respect of each of the proposed sub-divisional portions.
(3) The approval of the application for sub-division and the approval of the application under sub-section (1) of section 124 in respect of the proposed sub-divisional portions shall both be conditional upon the applicant satisfying in respect of all the sub-divisional portions, within such period as the State Authority may specify, all the conditions that may be imposed under sub-section (5) of section 124 in respect of each of the proposed sub-divisional portions.
(4) for the purpose of the application for sub-division under sub-section (1), the application shall be treated as if it is an application under section 135 and the provisions of section 136, 137, 138 and 139 shall apply in so far as they are not inconsistent with the provisions of this section, and in considering such application the State Authority shall have and may exercise all the powers of the State Director or the Land Administrator, as the case may be, or may direct the State Director or the Land Administrator, as the case may be, to exercise all or any of them.
PART NINE-SUB-DIVISION, PARTITION AND AMALGAMATION Chapter 1 - Sub-division of Lands
Power of proprietor to sub-divide with approval of State Director or Land Administrator.
135. (1) The proprietor of any alienated land held under Registry or Land Office title or qualified title in continuation of final title may, with the approval under this Chapter of the State Director or Land Administrator, as provided by sub-section (2), sub-divide the land into two or more portions (in this Chapter referred to as "sub-divisional portions") to be held by him under separate titles.
(2) In the absence of any direction to the contrary by the State Authority, the approval required by sub-section (1) shall be given-
(a) by the State Director in the case of land held under registry title, and
(b) by the Land Administrator in the case of land held under land officer title.
Conditions for approval of sub-division.
136. (1) No sub-division shall be approved by the State Director, as the case may be, Land Administrator unless the following conditions are satisfied-
(a) that the sub-division would not contravene any restriction in interest to which the land is for the time being subject;
(b) that the sub-division would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect thereto by or under any such law have been complied with;
(c) without prejudice to the generality of paragraph (b)-
(i) that any necessary approval of any planning authority has been obtained, and
(ii) that the sub-division would not be contrary to any plan approved by the State Authority for the development of the area in which the land is situated, or to any division of any planning authority for that area, and
(iii) if the case falls within any direction in that behalf given by the State Authority, that the sub-division has the consent of any body or authority specified in, or appointed by, the direction;
(d) that no item of land revenue is outstanding in respect of the land;
(e) that every person or body who, at the time when the approval was applied for, was entitled to the benefit of-
(i) a charge of the land,
(ii) a lease of the whole or any part thereof, other than a part corresponding precisely to one of the proposed sub-divisional portions,
(iii) a charge of such a lease, or
(iv) a lien over the land or any such lease, has consented in writing to the making of the application;
(f) that the area of any sub-divisional portion-
(i) in the case of land subject to the category "agriculture", or to any condition requiring its use for an agriculture purpose, will not be less than two-fifths of a hectare, and
(ii) in any other case, will not be less than a minimum area appropriate for land of the class or description in question, as determined for the purposes of this sub-paragraph by the planning authority for the area in which the land is situated or (if there is no such authority) by the State Authority;
(g) that the shape of each sub-divisional portion will, in his opinion, be suitable for the purposes for which it is intended to be used;
(h) that, except in the case of any sub-divisional portion from which there will be direct access thereto, a satisfactory means of access will be available as of right from each such portion either to a road, a river, a part of the foreshore or a railway station, or to a point within the land from which such a means of access will be available or be capable of being obtained by application to the Land Administrator under Part Twenty-eight.
(2) The requirements of paragraph (h) of sub-section (1) shall be taken to be satisfied with respect to any sub-divisional portion if, but only if-
(a) in the case of land situated in any area designated by the State Authority for the purposes of this subsection, or any class or description of land in that area specified in the designation, the proprietor has agreed in his application-
(i) that he will provide the necessary means of access by making up a road to a standard specified in the designation, and
(ii) that the land occupied by the road shall, as from the issue of title to the sub-divisional portions, be deemed to have been surrendered to the State Authority
(b) in any other case, the proprietor has-
(i) agreed in his application that land described therein shall be deemed to have been surrendered as aforesaid for the purpose of enabling such a means of access to be established thereover as State land, or
(ii) included in his application a proposal for providing such a means of access by means of a private road over land in respect of which a separate title is to be issued to him, or
(iii) included in his application his consent to the provision thereof by the creation of a Land Administrator's right of way.
Application for approval.
137. (1) Any application by a proprietor for approval of the sub-division of any land shall be made in writing to the Land Administrator in Form 9A, and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a pre-computation plan of the land showing the details of the sub-division, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(c) If it is so prescribed or, in the absence of any such prescription, if the Land Administrator so requires, a copy of any approval or consent required under paragraph (c) of sub-section (1) of section 136; and
(d) all such written consent to the making of the application as are required under paragraph (e) of that sub-section:
Provided that, in a case where paragraphs (c) and (e) of sub-section (1) of section 136 are not applicable and the land is held under Land Office title, the Land Administrator may if he thinks fit accept an application in any form.
(2) Upon receiving any application under sub-section (1), the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land to which it relates.
Powers of Land Administrator or State Director in relation to applications.
138. (1) Where any application under sub-section (1) of section 137 relates to land the sub-division of which is required to be approved by the State Director, the Land Administrator shall refer the application to the State Director together with his recommendations thereon.
(2) If on any application under the said sub-section (1) it appears to the Land Administrator or, in a case referred to him as aforesaid, the State Director-
(a) that the conditions for approval of the sub-division specified in sub-section (1) of section 136 are satisfied, or
(b) that those conditions would be satisfied if the proposals in the application were modified in one or more minor respects, the Land Administrator or, as the case may be, State Director shall approve the sub-division in accordance with the said proposals, modified where necessary as mentioned in paragraph (b).
(3) In any other case, the Land Administrator or, as the case may be, State Director shall reject the application.
(4) On approving, or being informed by the State Director that he has approved, the sub-division of any land, the Land Administrator shall notify the proprietor of the approval, and of any modifications subject to which it is given, and shall by such notification call upon the proprietor to pay to him within a specified time-
(a) in a case where the sub-divisional portions are to be surveyed by a Survey Officer, the amount, or estimated amount, of the fees chargeable in respect of the survey,
(b) in every case, the fees changeable in connection with the preparation and registration of final documents of title to the several sub-divisional portions.
(5) On rejecting, or being informed by the State Director that he has rejected, any application, the Land Administrator shall notify the proprietor, and shall cancel, or cause to be cancelled, the note endorsed on the register document of title pursuant to sub-section (2) of section 137.
Issue of title to sub-divisional portions.
139. (1) Notwithstanding that the sub-division of any land has been approved under this Chapter, final documents of title to the sub-divisional portions shall not be registered or issued until such portion has been surveyed in accordance with the provisions of section 396.
(2) Where the survey of the sub-divisional portions is completed without the proprietor having applied for qualified title to those portions, the procedure subsequent to the survey shall be that specified in the relevant provisions of chapter 3 of Part Ten.
(3) Where, as permitted under chapter 3 of Part Eleven, the proprietor does apply for qualified title to the sub-divisional portions before their survey has been completed, the procedure shall be that specified in the relevant provisions of that Chapter.
Chapter 2 - Partition of Lands
Power of co-proprietors to partition with approval of State Director or Land Administrator.
140. (1) Any alienated land which is held under Registry or Land Office title or qualified title in continuation of final title by two or more persons as co-proprietors may, by agreement between those persons and with the approval under this Chapter of the State Director or Land Administrator, as provided by subsection (2), be partitioned-
(a) so as to vest in each of them, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; or
(b) where two or more of them are to continue as co-proprietors, so as to vest-
(i) in the remaining co-proprietor or, as the case may be, each of such co-proprietors, under a separate title, a portion of the land of an area proportionate as nearly as may be to his undivided share in the whole; and
(ii) in the continuing co-proprietors the remainder of the land under separate title.
(2) In the absence of any direction to the contrary by the State Authority, the approval required by sub-section (1) shall be given-
(a) by the State Director in the case of land held under Registry title, and
(b) by the Land Administrator in the case of land held under Land Office title.
Conditions for approval of partition.
141. (1) No partition shall be approved by the State Director or, as the case may be, Land Administrator or unless-
(a) each of the co-proprietors has either joined in, or consented to the making of, the application for its approval;
(b) in the opinion of the State Director or, as the case may be, the Land Administrator, the area to be vested-
(i) in each co-proprietor pursuant to paragraph (a), or sub-paragraph (i) of paragraph (b), of subsection (1) of section 140 is as nearly as may be proportionate to his undivided share in the whole; and
(ii) in the continuing co-proprietors pursuant to subparagraph (ii) of paragraph (b) of subsection (1) of section 140 is as nearly as may be proportionate to his undivided shares in the whole; and
(c) the conditions specified in sub-section (1) of section 136 for approval of the sub-division of land are, mutatis mutandis, satisfied.
(2) Sub-section (2) of section 136 shall, in cases of partition, apply with respect to the condition specified in paragraph (h) of sub-section (1) of that section with the omission therefrom of sub-paragraph (ii) of paragraph (b).
(3) The State Director or, as the case may be, Land Administrator may, in the case of an application for approval of the partition of any land subject to the category "agriculture" waive the condition specified in paragraph (h) of subsection (1) of section 136.
PART TWELVE - SURRENDER OF TITLE POWER TO SURRENDER
Power to surrender whole or part with approval of State Director or Land Administrator.
195. (1) The proprietor of any alienated land held under Registry title, Land Office title or qualified title may, with the approval of the State Director or Land Administrator, as provided by sub-section (2), surrender to the State Authority the whole or part thereof.
(2) In the absence of any direction to the contrary by the State Authority, the approval required by sub-section (1) shall be given-
(a) by the State Director in the case of land held under Registry title, or the form of qualified title corresponding to Registry title, and
(b) by the Land Administrator in the case of land held under Land Office title, or the form of qualified title corresponding to Land Office title.
SURRENDER AND RE-ALIENATION - SPECIAL PROVISIONS
Declaration as to continued operation of section 124 and Chapters 1 and 3 of Part Nine.
204A. The provisions of this part shall not be construed as affecting the continued operation of the provisions of section 124 and Chapters 1 and 3 of Part Nine, or the rights of a proprietor of alienated land to make an application under those provisions and to have his application considered and determined in accordance therewith.
Power to approve surrender and re-alienation.
204B. The State Authority may approve the surrender of any lot or any two or more contiguous lots held by the same proprietor on the terms that certain portions of the land comprised therein be immediately re-alienated to the proprietor in different portions and units or in different units.
Conditions for approval of surrender and re-alienation.
204C. (1) No surrender and re-alienation under this Part shall be approved by the State Authority unless the following conditions are satisfied-
(a) that the portions and units of the land to be re-alienated conform in shape, area, measurements, location and intended use with a layout plan approved by the appropriate authority;
(b) that no item of land revenue is outstanding in respect of the land;
(c) that the land is not under attachment by any court;
(d) that there are no registered interests in the land; and
(e) that every person or body specified in sub-section (2) has consented in writing to the making of the application.
(2) The said persons and bodies are-
(a) any person or body having at that time a lien over the said land or part thereof; and
(b) any person or body having at that time a claim protected by caveat affecting the said land or part thereof.
Applications for approval of surrender and re-alienation.
204D. (1) any application for approval by a proprietor wishing to surrender his title or titles under this Part shall be made in writing to the Land Administrator in Form 12D and shall be accompanied by-
(a) such fees as may be prescribed;
(b) all such written consents to the making thereof as are required under paragraph (e) of sub-section (1) of section 204C;
(c) a plan showing the lot or lots to be surrendered and a pre-computation plan showing the details of the portions and units to be re-alienated, together with such number or copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(d) a copy of the layout plan, as approved by the appropriate authority, in respect of the said lot or lots, showing the portions and units to be re-alienated; and
(e) the issue document of title to the land, unless the proprietor declares that it is for any reason incapable of production.
(2) Where the proprietor is unable to produce the issue document of title for the reason that it is in the possession or control of any person or body, the application shall be accompanied by a sworn statement of the proprietor to that effect, and there shall be exhibited thereto a copy of a notice by the proprietor to that person or body requiring the production of the said document to the Land Administrator within fourteen days of the date of the service thereof on such person or body, and also the proof of service of such notice.
(3) Upon receipt of the application, the Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land.
Procedure on applications.
204E. (1) The approval or rejection of an application under sub-section (1) of section 204D shall be at the discretion of the State Authority, but the State Authority shall not approve any such application unless it is satisfied that the conditions specified in sub-section (1) of section 204C are fulfilled.
(2) Before deciding on an application, the State Authority may require the proprietor to amend the application or the plan mentioned in paragraph (c) of sub-section (1) of section 204D by omitting from the application or the plan any portion or unit to be re-alienated or by altering the shape, area, measurements, location or intended use of any such portion or unit.
(3) If the State Authority decides to approve the application, whether as originally submitted or as amended pursuant to sub-section (2), the State Authority shall proceed to determine, in respect of each portion or unit to be re-alienated, the matters specified in sub-section (2) of section 79, as if the land comprised in the unit had already become State land:
Provided that where the original title is a title in perpetuity, the period for which the land is to be re-alienated shall also be in perpetuity, and where the original title is for a period of years, the period for which the land is to be re-alienated shall not be less than the remainder of the period of the lease for which the land was held under the original title.
(4) On approving an application under sub-section (1) of section 204D and determining the matters specified in sub-section (2) of section 79, the State Authority shall notify the proprietor of the approval and of its determination of the said matters and require the proprietor to state whether he accepts the determination.
(5) On rejecting such application, the State Authority shall-
(a) notify the proprietor; and
(b) cause to be cancelled the note endorsed on the register document of title pursuant to sub-section (3) of section 204D.
Reconsideration under section 79 (2) and withdrawal of application.
204F. (1) The proprietor may request the State Authority to reconsider its determination of the matters specified in sub-section (2) of section 79 and may, on being notified of the determination of those matters, whether as originally made or after reconsideration, withdraw his application under section 204D.
(2) On being notified of the withdrawal, the State Authority shall cancel the approval granted under section 204E and shall cause to be cancelled the note endorsed on the register document of title pursuant to sub-section (3) of section 204D.
Reversion of land and destruction of issue document.
204G. (1) On being notified by the proprietor of his acceptance of the matters specified in sub-section (2) of section 79, the State Authority shall cause to be made a memorial of the surrender of the land to which his application under section 204D relates in the register document of title to the land.
(2) Upon the making of any memorial pursuant to sub-section (1), the land to which it relates shall revert to and vest in the State Authority as State land but the land shall be treated as being subject to the approval under section 204E of the re-alienation of the portions or units in question.
(3) The issue document of any title to any land which has reverted to the State Authority pursuant to this section shall, where possible, be destroyed; and accordingly if in case falling within sub-section (2) of section 204D that document is not produced pursuant to the notice therein referred to, its production shall be demanded under section 15.
Application of Act to re-alienation as to alienation.
204H. The provisions of this Act shall apply to all questions, matters and procedures relating to a portion or unit approved for re-alienation under this part and arising after the land in which it is comprised has reverted to the State Authority pursuant to sub-section (2) of section 204G as they apply to the alienation of State land under this Act.
