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