PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967

Padi Cultivators (Control of Rent and Security of Tenure) LAWS OF MALAYSIA Act 793 PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967 (Revised—2017) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 793 Laws of Malaysia PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967 Revised up to … … … … 2 October 2017 Date of publication in the Gazette of this revised edition … … 16 October 2017 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 16 October 2017 English text to be authoritative … … P.U. 31 of 1968 First enacted in 1967 as Act of Parliament No. 43 of 1967 PREVIOUS REVISION First Revision Publisher’s Copyright C … … … 1994 (Act 528 w.e.f. 12 December 1994) PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Padi Cultivators (Control of Rent and Security of Tenure) LAWS OF MALAYSIA 3 Act 793 PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967 ARRANGEMENT OF SECTIONS Section 1. Short title, application and commencement 3. Tenancy agreement to be in writing 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Interpretation Registration of tenancy agreement Effect of registration Tenancy agreements for less than three seasons prohibited Tenant entitled to renew agreement Tenancy agreement in excess of prescribed area prohibited Implied conditions of a tenancy agreement Right of tenant to continue occupation of land on death or incapacity of landlord Restrictions on amount of rent Declaration of general failure of crop Power of Committee in case of crop failure Appointment and functions of Registrars Appointment and functions of enforcement officers Appointment of Committee or Enquiry Officer Functions of Committee Conduct of enquiry Applications to the Committee Procedure on receipt of application Failure of appearance of parties Substance of evidence and reasons for decision to be recorded Inspection of record of evidence, etc. 4 Laws of Malaysia Section 24. Restrictions on right to possession 26. Appeals to Tribunal 25. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. Act 793 Stay of execution Procedure for appeal Hearing of appeal Functions of Tribunal Decision of Tribunal final Legal representation Officers, members of Tribunal and Committee deemed to be public servants Offences by landlord Offences for making false statements Offences for charging or giving of premiums Offences for failure to comply with decision or order of Tribunal or Committee, etc. General penalty Attempts and abetment Rules and regulations Effect of Act Repeal Savings and transitional First Schedule Second Schedule Padi Cultivators (Control of Rent and Security of Tenure) LAWS OF MALAYSIA 5 Act 793 PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967 An Act relating to the control of rent and security of tenure of padi cultivators and incidental matters. [Pahang—3 October 1968, Phg. P.U. 18/1968; Malacca—1 August 1968, M. P.U. 15/1968; Terengganu—1 May 1968, Tr. P.U. 2/1969; Penang—16 July 1969, Pg. P.U. 23/1969; * Perak—1 July 1969, Pk. P.U. 6/1969; Perlis—1 August 1969, Ps. P.U. 10/1969; Kedah—1 January 1970, K. P.U. 3/1970; * Kelantan—1 January 1970, Kn. P.U. 43/1970; * Selangor—1 June 1974, Sl. P.U. 7/1974; Negeri Sembilan—17 February 1995, N.S. P.U. 5/1995] WHEREAS it is expedient for the purpose of ensuring uniformity of law and policy to amend and re-enact the law relating to the control of rent and security of tenure of padi cultivators in Peninsular Malaysia: NOW, THEREFORE, pursuant to Clause (4) of Article 76 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: Short title, application and commencement 1. (1) This Act may be cited as the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967. NOTE—For Perak, applicable in the Districts of Krian and Lower Perak and all areas within the Trans-Perak River Irrigation Areas Stage I and the Trans-Perak River Irrigation Area Stage I Extension. For Kelantan, applicable within the areas declared as the Pasir Mas Irrigation Area, Salor Irrigation Area and the Salor Irrigation Area (Extension). For Selangor, applicable for the whole Districts of Kuala Selangor, Sabak Bernam, Ulu Selangor and Ulu Langat. * 6 Laws of Malaysia Act 793 (2) This Act applies only to Peninsular Malaysia. (3) This Act comes into operation on such date as may be appointed by the State Authority by order published in the Gazette and the State Authority may— (a) appoint different dates for the coming into operation of different provisions of this Act; and (b) bring all or any provisions of this Act into operation either in the whole of the State to which the order applies or in such area of the State as may be specified in the order. Interpretation 2. In this Act, unless the context otherwise requires— “Chairman” means the Chairman of a Committee appointed under subsection 16(1); “Committee” means a Committee appointed under subsection 16(1); “enforcement officer” means an officer appointed under subsection 15(1) and includes the Chief Enforcement Officer and an assistant enforcement officer; “enquiry” means an enquiry held under this Act; “landlord” means any person who lets land for the cultivation of padi and includes his agent, chargee, assignee or successor in title; “Minister” means the Minister charged with the responsibility for land; “padi land” means land or any portion of land the purpose of which is for the cultivation of padi or on which padi is cultivated excluding any area occupied by a building site and other land; Padi Cultivators (Control of Rent and Security of Tenure) 7 “prescribed” means prescribed by rules or regulations made under the Act; “Registrar” means a Registrar appointed under subsection 14(1); “season” means the period from the commencement of preparation of land for the planting of padi until the completion of the padi harvest and, where two crops are planted and harvested within the period of twelve months, means the period from the commencement of preparation of land for the planting of the first crop until the completion of the second harvest; “tenancy agreement” means any agreement whereby a landlord agrees to let and a tenant agrees to take any padi land for the purpose of cultivating padi and includes any agreement whereby any person agrees to work on any padi land for payment of a share of the crop or any consideration in lieu of the share of the crop; “tenant” means the tenant of any padi land comprised in a tenancy agreement; “Tribunal” means a Tribunal appointed under section 26. Tenancy agreement to be in writing 3. (1) No person shall enter into a tenancy agreement unless such agreement is in writing and in the form prescribed in Form A of the First Schedule. (2) The signatures of both the landlord and the tenant in a tenancy agreement shall be attested by a Penghulu, a public officer of Division III in the public service and upwards or such persons as the State Authority may appoint for the purpose. Registration of tenancy agreement 4. (1) Every tenancy agreement shall be in triplicate and shall be registered by the landlord within fourteen days of the date of execution thereof with the Registrar but nothing in this subsection shall prevent the tenant from registering such agreement. 8 Laws of Malaysia Act 793 (2) Notwithstanding subsection (1), the Registrar may extend the time for the registration of a tenancy agreement if he is satisfied that the failure to present it for registration within the period prescribed in subsection (1) was not due to any default on the part of the landlord. Effect of registration 5. Registration under this Act shall be notice to all persons including purchasers of the padi land and chargees, assignees and successors in title of the landlord of the incumbrance of the padi land held under the tenancy agreement. Tenancy agreements for less than three seasons prohibited 6. (1) No landlord shall enter into a tenancy agreement for a term of less than three consecutive seasons. (2) Without prejudice to any proceedings which may be taken against the landlord, any agreement for a term of less than three consecutive seasons shall be deemed to be a tenancy agreement for a term of three consecutive seasons and this Act shall apply to such agreement and the parties to the agreement. Tenant entitled to renew agreement 7. (1) Subject to subsection (2), every tenant shall be entitled at his option to a renewal of his tenancy agreement which shall include the season next following the season to which his last-expired tenancy agreement related and if the landlord fails to grant such renewal the tenant may apply to the Committee for an order requiring the landlord to grant a renewal or to execute a new tenancy agreement. (2) An option to renew a tenancy agreement shall be exercised not later than two months before the expiry of the tenancy agreement by the tenant filing a notice with the Registrar in Form B of the First Schedule or in such form as to show an intention to renew the agreement. Padi Cultivators (Control of Rent and Security of Tenure) 9 Tenancy agreement in excess of prescribed area prohibited 8. (1) No tenant shall enter into any tenancy agreement which entitles him to cultivate padi land exceeding such area as may be prescribed by the State Authority generally or in respect of a defined area within the State. (2) Without prejudice to any proceedings which may be taken against the tenant, any tenancy agreement in respect of an area in excess of that prescribed under subsection (1) shall be void to that extent only. Implied conditions of a tenancy agreement 9. Notwithstanding anything contained in any tenancy agreement, such agreement shall be subject to the following implied conditions: (a) the landlord shall pay any quit rent, rates, charges and other outgoings payable under any written law in respect of the padi land; (b) the tenant shall not assign, sublet, lease or rent the padi land held under such agreement or any part thereof to any other person under any terms, conditions or stipulations for the cultivation of padi land; (c) the tenant shall at all times cultivate the land according to the principles of good husbandry and shall bear all costs of such cultivation; (d) the tenant shall defray all expenses and perform all work necessary for the construction and the putting and keeping in order of any dams, water-wheels, water-courses, division ridges and fences and such other matters as may be prescribed by law to be payable by the occupier of the land; (e) the tenant shall pay the rent due at the place of harvest within two weeks of the completion of the harvest; (f) the tenant shall be entitled to an option to renew the tenancy agreement in accordance with section 7; (g) such other conditions as the State Authority may prescribe. 10 Laws of Malaysia Act 793 Right of tenant to continue occupation of land on death or incapacity of landlord 10. (1) In the event of the death, incapacity or otherwise of the landlord during the continuance of a tenancy agreement, the tenant may continue occupation of the land until such time as the ownership of the land has been determined or a legal representative in respect of the ownership has been appointed. (2) Any rent or its equivalent in terms of cash at the current value due and payable by the tenant shall be deposited by the tenant with the Registrar until the owne