LAND (GROUP SETTLEMENT AREAS) ACT 1960

Land (Group Settlement Areas) LAWS OF MALAYSIA REPRINT Act 530 LAND (GROUP SETTLEMENT AREAS) ACT 1960 As at 1 November 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Act 530 Laws of Malaysia LAND (GROUP SETTLEMENT AREAS) ACT 1960 First enacted … ... ... ... … 1960 (Act No. 13 of 1960) Revised … … … … … 1994 (Act 530 w.e.f. 12 December 1994) PREVIOUS REPRINTS ... ... ... 2002 Second Reprint ... ... ... 2006 First Reprint … Land (Group Settlement Areas) LAWS OF MALAYSIA Act 530 LAND (GROUP SETTLEMENT AREAS) ACT 1960 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title 2. Interpretation Part II GROUP SETTLEMENT 3. Designated areas 4. Group settlement areas 5. Rural settlement areas 6. Urban settlement areas 7. Holdings 8. Reservation of land for public purposes 9. Clearance 10. Alienation 11. Titles and conditions 12. Occupation in expectation of title 13. Premia, rent, etc. Part III RURAL HOLDINGS 14. Restrictions on alienation of rural holdings 3 4 Laws of Malaysia Act 530 Section 15. Restriction of dealings 16. (Deleted) 17. Conditions and obligations 18. Rights of access Part IV OCCUPATION OF RURAL HOLDINGS IN EXPECTATION OF TITLE 19. Qualifications for holding rural holdings 20. Consolidated annual charge 21. Recovery of rent 22. Breach or default 23. Compensation 24. Assignment of rights of occupier in expectation of title 25. Implied conditions and obligations Part V URBAN HOLDINGS 26. Persons to whom urban holdings may be alienated 27. Restriction of use of urban holding 28. Occupation in expectation of title 29. Assignment of rights of occupier in expectation of title Part VI GENERAL 30. Unlawful occupation of land 31. Other offences and penalties 32. Rules 33. Savings Part VII 34. Federal development areas and re-vesting of such areas in the State Land (Group Settlement Areas) 5 Section 35. Development of group settlement areas by co-operative societies organized by the Development Authority 36. Manager 37. By-laws 38. Application of Parts I to VI to Federal Development areas 39. Appeal Part VIII SURRENDER OF RIGHTS OF OCCUPIER IN EXPECTATION OF TITLE 40. Powers to surrender rights 41. Power of Collector to permit occupation by another person 42. Power to exclude surrendered and unoccupied holding from group settlement area 43. Power to enter into agreement Part IX TERMINATION OF GROUP SETTLEMENT AREAS 44. Power to terminate group settlement areas 45. Continuance of occupation in expectation of title 46. Provisions applicable to holdings occupied in expectation of title 47. Provisions applicable to holdings under document of title 48. Right of way First Schedule Second Schedule 6 Laws of Malaysia Act 530 Land (Group Settlement Areas) 7 LAWS OF MALAYSIA Act 530 LAND (GROUP SETTLEMENT AREAS) ACT 1960 An Act for the purpose of ensuring uniformity of law and policy in respect of the establishment of group settlement areas and the conditions of alienation and occupation of land in such areas and for other matters incidental thereto. [Peninsular Malaysia—30 May 1960] Part I PRELIMINARY Short title 1. (1) This Act may be cited as the Land (Group Settlement Areas) Act 1960. Interpretation 2. (1) In the application of this Act in a State, words and expressions used in this Act shall, unless the context otherwise requires or it is herein otherwise expressly provided, have the meaning assigned to them by the State land law. (2) In this Act, unless the context otherwise requires— “appropriate crop” means the crop specified under section 5 or, if no crop is so specified, by the Collector; “Collector” means any District Land Administrator, Land Officer, District Officer or other officer appointed under the State land law and includes an Assistant District Land Administrator, Assistant Land Officer or Assistant District Officer; 8 Laws of Malaysia Act 530 “consolidated annual charge” means a consolidated annual charge imposed in accordance with the provisions of section 20; “designated area” means an area declared to be a designated area in accordance with the provisions of section 3; “Development Authority” means the Federal Land Development Authority established by the Land Development Act 1956 [Act 474]; “Director” means the officer designated by the State Authority to be the Director in the State for the purposes of this Act; “Federal Development area” means a group settlement area declared under section 4 for the purposes of subsection 34(2); “group settlement area” means an area declared to be a group settlement area in accordance with the provisions of section 4; “holder” means a person to whom a holding has been alienated or approved for alienation; “holding” means a holding constituted in accordance with the provisions of this Act; “Manager” means the Manager of a Federal Development area appointed under section 36; “Minister” means the Minister charged with responsibility for the Development Authority except for the purpose of subsection 44(1), it means the Minister charged with the responsibility in respect thereof if it is so notified by an order made by the Yang di-Pertuan Agong under the Ministerial Functions Act 1969 [Act 2]; “public authority” means any government in the Federation, a local authority or a statutory authority exercising powers vested in it by Federal or State law; “register of holdings” means a register of holdings in respect of which no document of title has for the time being been issued under the State land law, maintained in accordance with the provisions of section 12; Land (Group Settlement Areas) 9 “rural holding” means a rural holding constituted in accordance with the provisions of section 7; “rural settlement area” means an area declared to be a rural settlement area in accordance with the provisions of section 5; “State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may be; “State land law” means the State law for the time being in force relating to land and the registration of title thereto and the collection of revenue therefrom; “to alienate” has the meaning assigned to it in the State land law but includes a disposal of State land in accordance with the provisions of this Act in consideration of the obligation to pay a consolidated annual charge commencing on a date subsequent to the date of occupation; “urban holding” means an urban holding constituted in accordance with the provisions of section 7; “urban settlement area” means an area declared to be an urban settlement area in accordance with the provisions of section 6. Part II GROUP SETTLEMENT Designated areas 3. (1) The State Authority may by notification in the Gazette declare any area of land within the State to be a designated area for the purposes of this Act. (2) No State land in a designated area shall be alienated or occupied except in accordance with the provisions of this Act relating to land within a group settlement area or the provisions of any written law for the time being in force relating to mining land. (3) Nothing in the provisions of subsection (2) shall prejudice the rights of any person in lawful occupation immediately prior to the coming into operation of a notification under subsection (1) of State land included in a designated area. 10 Laws of Malaysia Act 530 Group settlement areas 4. The State Authority may by notification in the Gazette declare any area of State land, whether or not included in a designated area, to be a group settlement area for the purposes of this Act. Rural settlement areas 5. (1) The State Authority may by notification in the Gazette declare any land within a group settlement area to be a rural settlement area for the purposes of this Act. (2) Any such Gazette notification may specify the appropriate crop to be planted in accordance with the provisions of paragraph 25(2)(c). Urban settlement areas 6. The State Authority may by notification in the Gazette declare any land within a group settlement area to be an urban settlement area for the purposes of this Act. Holdings 7. (1) The Director may, in accordance with the provisions of this section, divide any land within a group settlement area into a number of holdings. (2) A rural holding shall be of such area as the State Authority may approve and shall comprise one or more parcels of land within a rural settlement area for occupation by one individual holder or not more than two holders as may be permitted by this Act and all rural holdings shall, as far as possible, be of equal area: Provided that there may be included in a rural holding one parcel of land within an urban settlement area for occupation by the holder for residential purposes exclusively. (3) An urban holding shall comprise one or more parcels of land in an urban settlement area for occupation by a person, persons or corporation for such one or more of the following purposes as may be specified by the Director with the approval of the State Authority, namely, commercial, industrial or residential purposes or purposes of public utility. Land (Group Settlement Areas) 11 Reservation of land for public purposes 8. The Director may by notification in the Gazette reserve any land in a group settlement area which is needed for any public purpose and the provisions of the State land law relating to the reservation of land for public purposes shall apply mutatis mutandis to any such reservation. Clearance 9. (1) The State Authority may direct that the whole or any part of a group settlement area shall be cleared at the public expense by felling or other means in such manner and to such extent as the State Authority thinks fit. (2) The cost of such clearing shall be paid out of monies provided by the State Legislature and may be recovered from the persons to whom land in the area is alienated and any public authorities having control of land within the area which has been reserved for a public purpose in such proportion as the State Authority may direct. Alienation 10. (1) Subject to the provisions of this Act, the Collector may, on behalf of the State Authority— (a) alienate any rural holding; and (b) permit the occupation of any rural or urban holding in expectation of title. (2) Subject to the provisions of this Act the Director may, on behalf of the State Authority, alienate any urban holding. Titles and conditions 11. (1) The document of title to a holding shall be that which is provided in the State land law in respect of country land not exceeding ten acres in area and such document shall state whether the title is in perpetuity or for a term of years. 12 Laws of Malaysia Act 530 (2) In every document of title to a holding there shall be implied the obligations that the holder will duly pay the rent or consolidated annual charge reserved in respect of such holding, will preserve all boundary marks and will give immediate notice to the Collector or to the nearest Penghulu if any boundary marks are injured, destroyed or removed. (3) Express conditions imposed under, and conditions and obligations implied by virtue of the provisions of, this Act shall run with the land and shall bind the holder thereof and shall commence to run from the date of occupation in expectation of title authorized by entry in the register of holdings or from the date of alienation, whichever is the earlier. (4) There shall by virtue of this section be implied in every document of title to a holding the condition that a breach of or default in the observance of any of the conditions of the said document of title, whether expressed in the document or implied by this Act or by the State land law, shall render the holding liable to re-entry and the title liable to forfeiture in the manner provided in the State land law in respect of such breach or de