LAND ACQUISITION ACT 1960

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 486 LAND ACQUISITION ACT 1960 As at 1 October 2022 This text is ONLY AN UPDATED TEXT of the Land Acquisition Act 1960 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 LAND ACQUISITION ACT 1960 First Enacted … ... ... … … 1960 (Act No. 34 of 1960) … … … … … … 1992 (Act 486 w.e.f. 18 March 1992) Latest amendment made by Act A1517 which came into operation on … … … … 1 December 2017; except section 11− 1 October 2022 Revised PREVIOUS REPRINTS First Reprint … … … … … 2002 Second Reprint … … … … … 2006 LAWS OF MALAYSIA Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. Short title PART I PRELIMINARY 2. Interpretation PART II ACQUISITION 3. Acquisition of land 3A. Matters to be considered by the State Economic Planning Unit, or Committee, etc. 3 B. Application of section 3A where there is no development approval 3 C. The Committee 3D. Evaluation by the State Committee 3 E. Decision of State Authority 3F. Withdrawal from the application of acquisition by the applicant Preliminary Investigation 4. Preliminary notice 5. Power of entry and survey 6. Payment for damage Declaration of Intended Acquisition 7. Preparation of plan and list of lands 8. Declaration that land is needed under section 3 9. Land to be marked out and notice entered on register, etc. 4 Laws of Malaysia ACT 486 Section 9A. Land Administrator to obtain information on land use of scheduled land, etc. Commencement of Proceedings 10. Land Administrator to commence proceedings 11. Service of notices Procedure at Enquiry 12. Enquiry by the Land Administrator 13. Power to summon witnesses, etc. 14. Award of the Land Administrator 15. Power of Land Administrator to enter into arrangement, etc. 16. Service of award PART III SUMMARY ENQUIRY 17. Summary enquiry PART IV TAKING POSSESSION OF LAND 18. General power to take possession 19. Power to take possession in urgent cases 19A. Enquiry and award by the Land Administrator pursuant to Certificate of Urgency 20. Special provisions relating to buildings 21. Procedure on acceptance or rejection of offer of compensation 22. Formal possession 23. Entry in register 24. Delivery of issue and other documents of title 25. Revision of rent and resurvey where part of lot acquired 26. Title in continuation where part of lot acquired 27. Disposal of documents Land Acquisition Section 28. Valuation of differences in area Payment of compensation or deposit in Court 29. Payment of compensation or deposit in Court 29A. Withholding of twenty-five per cent of compensation 30. Receipt of payment under protest, etc. 31. Payment in error, etc. 32. Late payment charges 32A. Meaning of “payment” Extension to and Withdrawal from Acquisition 33. Acquisition of other land where severance claim is excessive 34. Acquisition of part of a building 35. Withdrawal from acquisition PART V REFERENCE TO COURT 36. Reference to Court Application by persons interested 37. Application to Court 38. Form and content of application, etc. 39. Deposit The Court 40. (Deleted) 40A. Constitution of the Court 40B. Assessors 40C. Opinion of assessors 40D. Decision of the Court on compensation 41. (Deleted) 5 6 Laws of Malaysia ACT 486 Section 42. (Deleted) Procedure 43. Notice relating to reference 44. Restriction on scope of proceedings 45. Proceedings to be in open Court 46. (Deleted) Decision and Award 47. Award to be in writing 48. Land Administrator may be required to pay late payment charges 49. Appeal from decision as to compensation 50. Costs may be apportioned 51. Costs PART VI SERVICE OF NOTICES 52. Public notice 53. Service of notices 54. Service upon agent, etc. 55. Service on and appearance of interested persons 56. Omission, etc., not to invalidate proceedings PART VII TEMPORARY OCCUPATION OR USE OF LAND 57. Temporary occupation or use of land 58. Offer of compensation 59. Restoration of land, etc. 60. Reference where compensation cannot be agreed 61. Where land is needed for access Land Acquisition Section PART VIII MISCELLANEOUS 62. Right of entry 63. Application for police assistance 64. Penalty for obstruction, etc. 65. Payment of costs, etc., of acquisition, etc. 66. Land to vest free from incumbrances 67. Exemption from stamp duty and fee 68. Bar to setting aside of awards 68A. Subsequent disposal, etc., of acquired land not to invalidate acquisition 69. Rules 70. (Omitted) FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 7 8 LAWS OF MALAYSIA Act 486 LAND ACQUISITION ACT 1960 An Act relating to the acquisition of land, the assessment of compensation to be made on account of such acquisition, and other matters incidental thereto. [13 October 1960] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the Land Acquisition Act 1960. PART I PRELIMINARY Interpretation 2. (1) In this Act, unless the context otherwise requires— NOTE—In its application to the Federal Territory— (a) references to the State shall be construed as references to the Federal Territory; (b) references to the State Authority shall be construed as references to the Yang di-Pertuan Agong; (c) references to the **Commissioner shall be construed as references to the Federal Lands Commissioner; (d) references to State land shall be construed as references to Federal land; (e) references to the State land law shall be construed as references to the National Land Code as modified by the Federal territory (Modification of the National Land Code) Order, 1974; and (f) references to the Government of the State shall be construed as references to the Government of the Federation. —see the Federal Territory (Modification of Land Acquisition Act 1960) Order 1974 [P.U. (A) 81/1974]. However, the term “**Commissioner” has since been deleted by the Land Acquisition (Amendment) Act 1997 [Act A999].  NOTE—In its application to the Federal Territory of Labuan—see P.U. (A) 455/2009 w.e.f. 1 January 2010 Land Acquisition 9 “building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, any wall, fence, platform, sewerage system, underground tank, hoarding, dock, jetty, landing-stage, swimming pool, bridge, railway line, and any other structure, support or foundation related to the building; “Certificate of Urgency” means a certificate in Form I issued under section 19; “Committee” means the Jawatankuasa Khas Pengambilan Tanah established under section 3C; “Committee for the Federal Territory of Kuala Lumpur” means the Jawatankuasa Khas Pengambilan Tanah established under section 3C for the Federal Territory of Kuala Lumpur; “Court” means the High Court; “development approval” means any approval for the carrying out of any building, engineering, industrial, or other similar operation in, on, over or under any land, or for the making of any material change in the restriction or condition relating to land use, that has been duly granted by the appropriate authority under the Town and Country Planning Act 1976 [Act 172] or continues to be in force by virtue of subsection 59(1) of that Act, or that has been granted under the Federal Territory (Planning) Act 1982 [Act 267], the Street, Drainage and Building Act 1974 [Act 133], or the State land law, as the case may be; “Economic Planning Unit” means the Economic Planning Unit of the Prime Minister’s Department of Malaysia or any other body or authority authorized by the Government, administratively or otherwise, to perform the functions of the Economic Planning Unit; ** “Form” means any Form set out in the Second Schedule;  NOTE— Section 59 of the Town and Country Planning Act 1976 [Act 172] was deleted by Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010— see P.U.(A) 442/2010 w.e.f. 1 January 2011. ** NOTE— Economic Planning Unit is currently a department assigned to the Ministry of Economy— see the Ministers of the Federal Government Order 2023 [P.U.(A) 27/2023] w.e.f. 3 December 2022. 10 Laws of Malaysia ACT 486 “land” means alienated land within the meaning of the State land law, land occupied under customary right and land occupied in expectation of title; “Land Administrator” means any Land Administrator or other officer appointed under the State land law, and includes an Assistant Land Administrator; “lot” has the meaning assigned to it under the *National Land Code [Act 56 of 1965] and includes any interim identification number allotted by Land Office pending the completion of final survey of any land held under qualified title, as the case may be; “Minister” means the Minister charged with responsibility for lands; “persons entitled to act” shall be deemed to include the following persons as and to the extent hereinafter provided— (a) trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability; (b) subject to the Married Women Act 1957 [Act 450], a married woman shall be deemed the person so entitled to act and, whether of full age or not, to the same extent as if she were unmarried and of full age; and (c) the guardians of minors and the committees of mentally disordered persons shall be deemed respectively the persons so entitled to act to the same extent as the minors or mentally disordered persons themselves could have acted if free from disability: Provided that: (i) * no person shall be deemed entitled to act whose interest in the subject matter shall be shown to the satisfaction of the Land Administrator or Court to be NOTE— The National Land Code [Act 56 of 1965] has since been superceded by the National Land Code [Act 828] which comes into operation on 15 October 2020. Land Acquisition 11 adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Land Administrator or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of the law for the time being relating to civil procedure relating thereto shall mutatis mutandis apply in the case of persons interested appearing before a Land Administrator or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person entitled or deemed to be entitled to act shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to transfer the land and receive and give a good discharge for the purchase money on a voluntary sale; “person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant at will; “proper registering authority” means the Registrar within the meaning of the State land law and, in relation to a holding included in the Interim Register, the Director of Land Titles; “public utility” includes any road, rail transportation, water and electricity supply, gas pipeline, telecommunications, street lighting, sewerage system, drainage system, public works, and any other similar public service or convenience;