LAND LAW AND SURVEY

REGULATION (SGHU 3313)

WEEK 11-GROUP SETTLEMENT

AREAS

SR DR. TAN LIAT CHOON

07-5530844
016-4975551
1
LAND (GROUP SETTLEMENT AREAS)
ACT 1960

2
 Interpretation (S2)
 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.

 Development Authority means the Federal Land Development

Authority established by the Land Development Act 1956.

 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.
3
 Interpretation (S2)
 Group settlement area means an area declared to be a group
settlement area in accordance with the provisions of section 4.

 Minister means the Minister charged with responsibility for

the Development Authority except for the purpose of section 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.

 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.

4
 Interpretation (S2)
 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.

 Urban settlement area means an area declared to be an

urban settlement area in accordance with the provisions of
section 6.

5
 Designated Areas (S3)
(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.

6
 Group Settlement Areas (S4)
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.

7
 Rural Settlement Areas (S5)
(1) The State Authority may by notification in the Gazette
declare any land within a group settlement area to be a
rural settlement area.

(2) Any such Gazette notification may specify the

appropriate crop to be planted.

8
 Urban Settlement Areas (S6)
The State Authority may by notification in the Gazette
declare any land within a group settlement area to be an
urban settlement area.

9
 Holdings (S7)
(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 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.
10
 Reservation of Land for Public
Purposes (S8)
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.

11
 Clearance (S9)
(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.

12
 Alienation (S10)
(1) 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) The Director may, on behalf of the State Authority,

alienate any urban holding.

13
 Titles and Conditions (S11)
(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.

(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.
14
 Titles and Conditions (S11)
(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 authorised 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 default.
15
 Occupation in Expectation of Title
(S12)
(1) Authority to occupy any land within a group settlement
area in expectation of title shall be given by an entry in the
register of holdings to be maintained by the Collector in
Form A in the First Schedule.

(2) Before entering in the register of holdings the name of

any person in respect of an urban holding, the Collector
may require the payment of all sums due in respect of the
holding whether by way of premium, survey fees or
otherwise together with the amount of the rent payable in
respect of the first year of occupation.

16
 Occupation in Expectation of Title
(S12)
(3) No person shall by making any payment or deposit of
any kind or by being recorded in a register of holdings or in
any other way than by occupying a holding with the
authority of the Collector in expectation of title be taken or
deemed to have acquired any right to registration of title to
such holding and such authority may be cancelled by the
Collector at any time before title has been registered.

17
 Occupation in Expectation of Title
(S12)
(4) An entry under subsection (1) may be made in the register of
holdings notwithstanding that any details relating to:

(a) the lot numbers or area of any holding;

(b) the amount of the consolidated annual charge or the period
for which it shall be charged; or
(c) the amount of rent which is, in due course, to be substituted
for the consolidated annual charge, have not been obtained, if
the Collector, by reason of non-completion of survey or of the
lack of sufficient information for determining the consolidated
annual charge or for any other sufficient reason, is satisfied that
such details are not capable of being immediately obtained; and
the Collector shall as soon as possible obtain, and include in the
register of holdings, the said details. 18
 Premium, rent, etc. (S13)
(1) The Director, with the approval of the State Authority,
may in respect of the occupation or alienation of any land
in a group settlement area fix rates of premium, including a
proportion of the cost of clearing land reserved for a public
purpose within the area, rent, survey and other fees:

Provided that the State Authority may direct that any urban
holding shall be alienated by auction.

19
 Premium, rent, etc. (S13)
(2) The first revision of the rent of land in a group
settlement area may take place on or after the expiration of
a period of ten years from the date upon which such rent
was first fixed in accordance with the provisions of
subsection (1) or, in the case of a consolidated annual
charge, after the expiration of the period during which such
charge is payable and subsequent revisions may take place
at intervals of not less than ten years.

20
 Restrictions on Alienation of Rural
Holdings (S14)
A rural holding may be alienated only to one individual
person qualified in accordance with the provisions of
section 19 and no joint ownership of a rural holding shall at
any time be permitted.

21
 Restriction of Dealings (S15)
(1) No land comprised in a rural holding may at any time be
subdivided.

(2) No land comprised in a rural holding may be held by way

of undivided shares.

(3) No rural holding may be leased or sublet in whole or in

part.

22
 Transmission on Death, etc. (S16)
Where, but for the provisions of section 15 the land
comprised in any rural holding would on the death of the
holder or otherwise be liable to transmission by way of
subdivision or in undivided shares, the persons entitled to
interests in the holding may assign their interests to a single
holder, and, in default of such assignment, the holding shall
be disposed of on the order of the Collector and the
proceeds of sale of the holding or any interest therein shall
be dealt with according to law.

23
 Conditions and Obligations (S17)
There shall by virtue of this section be implied in every
document of title to a rural holding the following conditions
and obligations:

(a) the whole area of the holding, other than that part
which is used for residential purposes as provided in
paragraph (d) shall be brought fully under cultivation with
the appropriate crops by the date specified by the Collector
and shall thereafter at all times be maintained and
cultivated according to the rules of good husbandry;

24
 Conditions and Obligations (S17)
(b) no crops, other than the appropriate crops, shall at any
time be planted upon any portion of the holding;

(c) the holding shall not at any time be used for the erection
of any building, other than a building together with the out-
buildings and appurtenances thereof used solely as a
dwelling house by the holder;

(d) any such dwelling house shall be erected upon such part
of the holding as the Collector may direct and no other part
of the holding shall be used for residential purposes.

25
 Rights of Access (S18)
(1) The holder of any rural holding which does not have direct
access to a public road or access reserve shall have at all times a
right of way across intervening holdings.

(2) Such right of way shall extend to the right of carrying

agricultural produce and the necessary implements and
materials for agricultural purposes by the most direct route
between the holding and the public road or access reserve but
shall not extend to the use of any vehicle other than a bicycle,
tricycle or handcart:
Provided that the Collector may determine the situation of any
such right of way and his decision shall be final.

26
 Rights of Access (S18)
(3) Any holder using such right of way across other holdings
shall be liable for any damage directly resulting from such
use, and, in the event of any dispute, the amount of the
damage shall be assessed by the Collector whose decision
shall be final.

27
 Qualifications for Holding Rural
Holdings (S19)
(1) No person, other than a citizen, shall be eligible to
occupy a rural holding so long as such holding continues to
be State land.

(2) No person who is a proprietor or co-proprietor of any

land other than:
(a) country land not exceeding two acres in area;
(b) a single plot of town land used solely for his own
residential purposes; or
(c) both such country and town land, shall be eligible to
occupy a rural holding so long as such holding continues to
be State land:
28
 Qualifications for Holding Rural
Holdings (S19)
 Provided that, where a group settlement area is declared for the
purpose of supplementing existing uneconomic small holdings, the
State Authority may direct that the maximum of two acres specified in
paragraph (a) be increased to not more than six acres:

 And provided that for the purposes of this subsection the word
"person" includes the husband or wife of a person and in calculating
the area of country land referred to in paragraph (a) any land held
separately by a husband and wife shall be aggregated:

 And provided further that any person who is in occupation of a rural

holding shall not be disqualified from continuing in occupation by
reason only of subsequent acquisition of any land or interest therein
by inheritance or gift inter vivos.
29
 Consolidated Annual Charge (S21)
(1) The Director, with the approval of the State Authority, may, in
respect of the occupation of a rural holding in expectation of
title in place of premium, rent, survey and other fees fixed in
accordance with the provisions of section 13(1), impose a
consolidated annual charge for such period and payable as from
such date as may be specified.

(2) In determining the amount of such consolidated annual

charge there may be taken into account any moneys paid to any
holder the cost of any service, material or equipment supplied to
the holder together with such charges in respect of interest as
may be approved by the State Authority.

30
 Consolidated Annual Charge (S21)
(3) Upon the expiry of the period specified in subsection (1),
there shall be imposed in respect of the occupation
mentioned in that subsection such rent as the State
Authority may determine; and any rent so imposed shall
not be greater in amount than that portion of the
consolidated annual charge as is due to the State.

(4) So long as any such consolidated annual charge is

payable in respect of any holding such holding shall remain
State land.

31
 Recovery of Rent (S21)
(1) As from the date upon which the payment of any
consolidated annual charge shall be due to commence such
charge in respect of any year shall fall due in full on the first
day of January in that year.

(2) Such consolidated annual charge, if not sooner paid,

becomes an arrear on the first day of June in the year in
respect of which it is due.

(3) It shall be a condition of occupation of a rural holding

that default in payment of any consolidated annual charge
shall be a breach of the conditions of occupation.
32
 Breach or Default (S22)
(1) There shall by virtue of this section be implied in the terms of
occupation of any rural holding in expectation of title authorised by
entry in the register of holdings the condition that, in case of a breach
of or a default in the observance of any of the conditions or obligations
of such occupation, whether express or implied, the Director or any
officer authorised by him writing may, on behalf of the State Authority,
re-enter upon the land comprising such holding and upon a note
thereof being made in the register of holdings all rights in expectation
of title of any person shall cease and be extinguished, and the entire
property in and control of such land shall vest solely in the State
Authority.

(2) Before re-entering on any land as provided by subsection (1) the

Director or such officer shall serve or cause to be served on the holder
of the land a notice in Form B in the Schedule.
33
 Breach or Default (S22)
(3) Unless the holder within the period specified in the notice
repairs or makes good such breach or default or shows cause to
the satisfaction of the Director or such officer why the land
should not be re-entered, the Director or such officer shall on
the expiration of such period re-enter upon the land.

(4) If a holder refuses service of a notice or cannot with

reasonable diligence be found the notice shall be deemed to
have been duly served if a copy is posted on the land and further
copies are posted on the Land Office notice board and in such
public places in the mukim in which the land is situated as the
Director or such officer shall think fit.

34
 Compensation (S23)
(1) Where any rural holding is re-entered in accordance
with the provisions of section 22 no compensation shall be
payable to the holder except in accordance with the
provisions of subsection (3).

(2) A holder whose holding has been re-entered in

accordance with the provisions of section 22 may, if he so
desires, with the approval of the Collector, remove a
dwelling house which he has erected on the land at his own
sole expense.

35
 Compensation (S23)
(3) The Collector shall make a valuation of any dwelling house
remaining on any land which has re-entered in accordance with
the provisions of section 22 and shall pay as compensation to the
former holder the amount of such valuation after deducting the
cost of any material or other service supplied to the holder for
the erection of such dwelling house and such sum for expenses
as the Collector, with the approval of the State Authority, shall
fix.

(4) The amount of any such compensation may be recovered

from any subsequent holder who is duly authorised to enter
upon the holding in accordance with the provisions of this Act.

36
 Assignment of Rights of Occupier
in Expectation of Title (S24)
(1) Subject to the provisions of this Act, a holder in
occupation of a rural holding in expectation of title may
assign his rights in that holding to any individual person
qualified in accordance with the provisions of section 19
and approved by the Collector, unless proceedings for re-
entry under section 22 shall have been commenced.

(2) The assignment shall be in Form C in the First Schedule

and shall be submitted to the Collector who shall enter the
name of the assignee in the register of holdings.

37
Implied Conditions and Obligations
(S25)
(1) There shall be implied in the terms of occupation of any rural
holding in expectation of title the conditions and obligation
contained in this section.

(2) The holder shall, if so required, do all or any of the following

things:
(a) clear the boundaries of the holding in accordance with any
directions of a Survey Officer or Settlement Officer or of the
Collector;
(b) clear the whole or any part of the holding in accordance with
any directions of the Collector;
(c) plant with the appropriate crop the whole or any specified part
of the holding at such times and in such manner as the Collector
shall from time to time direct; 38
 Implied Conditions and Obligations
(S25)
(d) from time to time in accordance with any directions of
the Collector to carry out any necessary maintenance,
fertilising, replanting or other work required on the holding;
(e) refrain from tapping any rubber or harvesting any crop
planted on the holding until the Collector shall have
certified that the rubber or crop is mature.

(3) The Collector may direct that any of the requirements of

subsection (2)(a), (b) or (c) shall be carried out by a holder
in conjunction with the holders of contiguous holdings or
on a cooperative basis of joint working on contiguous
holdings.
39
 Persons to Whom Urban Holdings
may be Alienated (S26)
An urban holding may be alienated to any person, persons
or corporation to whom State land may be alienated in
accordance with the State land law.

40
Restriction of Use of Urban Holding
(S27)
Every document of title to an urban holding shall specify
which of the purposes mentioned in section 7(3) shall apply
to such holding and there shall be implied in every such
document of title the condition that the holding shall be
used for no other purpose.

41
 Occupation in Expectation of Title
(S28)
Subject to the provisions of section 29, the occupier of an
urban holding in expectation of title authorised by entry in
the register of holdings shall be deemed for the purposes of
the State land law to be in occupation of State land under
approved application in expectation of registration of title.

42
 Assignment of Rights of Occupier
in Expectation of Title (S29)
(1) Subject to the provisions of this Act, a holder in
occupation of an urban holding in expectation of title may
assign his rights in that holding to any person, persons or
corporation approved by the Director.

(2) The assignment shall be in Form C in the Schedule and

shall be submitted to the Collector who shall enter the
name of the assignee in the register of holdings.

43
Unlawful Occupation of Land (S30)
(1) Any person who within a designated area or a group
settlement area enters upon or occupies any land whether by
residing on or by erecting any building or by clearing, enclosing
or cultivating any part thereof or cutting timber or produce
thereof or by grazing animals or by cutting, digging or taking
from any land any product mentioned in section 32(2)(vi)
without having lawful permission so to do shall be deemed to be
in unlawful occupation of such land.

(2) Any person who is in unlawful occupation of land within a

designated area or a group settlement area shall be guilty of an
offence and shall on conviction be liable to a fine not exceeding
five hundred ringgit.
44
Unlawful Occupation of Land (S30)
(3) Without prejudice to any other action which may be
taken under this section, the Collector or any police officer
may summarily remove from any land in a designated area
or a group settlement area any person found to be in
unlawful occupation thereof and may enter upon such land
and remove or destroy any cultivation or building erected
thereon, and where any boundary stone or mark or ditch or
other feature marking a boundary line has been removed or
displaced may forthwith restore such mark and re-establish
the original boundary.

45
Other Offences and Penalties (S31)
The provisions of the State land law as to offences and
penalties shall apply mutatis mutandis in respect of
alienations under this Act.

46
 Rules (S32)
(1) The Director may, with the approval of the State Authority
make rules for carrying out the purposes of this Act and for all
matters incidental.

(2) Without prejudice to the generality of the foregoing such

rules may provide for:
(i) the manner in which applications shall be made and
approved;
(ii) the temporary occupation or use of land in a designated area
or a group settlement area which is unsuitable for cultivation, of
unused reserves or portions of reserves and of land in an urban
settlement area not immediately required for alienation;
(iii) the method of collection of land revenue in respect of
holdings occupied in expectation of title; 47
 Rules (S32)
(iv) the procedure to be followed under any provision of
this Act;
(v) the powers and duties of officers to whom it may be
necessary to entrust duties in connection with the carrying
out of the provisions of this Act or of any rules made
hereunder;
(vi) the issuing of licences to dig and remove from any land
in a designated area or a group settlement area earth,
gravel, stone, coral, shell, sand, loam or clay, or to remove
bricks, lime, cement or other commodities manufactured
from the said materials provided that no such licence shall
be issued in respect of land comprised in a holding which
has been alienated except to the holder or with his consent.48
 Savings (S33)
(1) The provisions of this Act shall apply in respect of all
land in a designated area or a group settlement area
notwithstanding any provision of the State land law or of
any other existing law to the contrary and the provisions of
the State land law and any other existing law shall have
effect in respect of such land only in so far as they are not
inconsistent with the provisions of this Act.

(2) Nothing in this Act shall affect the operation of any

existing law relating to Malay reservations.

49
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(1) The State Authority may permit the Development
Authority to develop any State land as a group settlement
area; and for that purpose the State Authority may make an
agreement with the Development Authority relating to the
following matters:

(a) the location and area of such land;

(b) the division of such land into rural and urban settlement
areas;
(c) the appropriate crop or crops;

50
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(d) the size of holdings and the number, nature and size of
parcels thereof;
(e) the rate at which amounts due to the State by way of
premium, rent and other charges are to be collected as a
portion of the consolidated annual charge, and the date
from which the collection of such portion shall begin and
the period for which it shall continue;
(f) any other matter falling within the provisions of this Act
by which the interests of the State are affected;
(g) the terms and conditions upon which the Development
Authority may own or occupy housing sites within any
urban settlement area. 51
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(2) The following provisions shall attach to any agreement
aforesaid:

(a) that the State Authority shall declare in accordance with

the provisions of this Act the area in question to be a group
settlement area to be developed by the Development
Authority;

(b) that upon such declaration being made, the area shall
vest in the Development Authority;

52
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(c) that the State Authority shall upon a request being made
in that behalf by the Development Authority declare any
part of the area in question to be a rural settlement area
and such other part to be an urban settlement area;

(d) that unless the area aforesaid or any part thereof is by

any other agreement sooner re-vested in the State
Authority, such area or any part thereof shall re-vest in the
State Authority upon the consolidated annual charge due to
the Development Authority in respect of such area or such
part ceasing to be payable by the holder.
53
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(3) The following provisions shall, as respects land so re-
vested in the State Authority, have effect:

(a) as from the date of re-vesting aforesaid the provisions of

every part of this Act shall apply as if the said land were
land which is absolutely subject to those provisions;

54
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(b) notwithstanding any provisions to the contrary
contained in this Act, the State Authority may in respect of
any co-operative group settlement area referred to in
section 35, issue a title to the co-operative society by which
such area is developed;

(c) the State Authority and every person holding any re-
vested land aforesaid shall be bound by all acts lawfully
done pursuant to the provisions of this Part;

55
 Federal Development Areas and Re-
vesting of Such Areas in the State (S34)
(d) where the land so re-vested forms only a part of the
Federal Development area, the Development Authority
shall until the whole of such area is re-visited continue to
collect for the State Authority any portion of the
consolidated annual charge due to the State Authority in
respect of that part.

(4) For the purpose of carrying out the provisions of

subsection (1), the Development Authority shall cause the
area affected to be surveyed.

56
 Development of Group Settlement Areas
by Co-operative Societies Organised by the
Development Authority (S35)
(1) The Development Authority may permit any land vested
in it under section 34, cultivated or to be cultivated
collectively, to be developed or managed by such co-
operative society as it may organise; and the Chairman of
the Development Authority may direct that any such area
(hereinafter referred to as "a co-operative group settlement
area") shall be surveyed as one whole or in as many lots as
may be convenient for cultivation.

57
 Development of Group Settlement Areas
by Co-operative Societies Organised by the
Development Authority (S35)
(2) As respects a co-operative group settlement area, no
person other than a member of the co-operative society
concerned shall be registered as a holder in the register of
holdings; and the Manager appointed under section 36
shall make no record of any specific lot number or of a
survey lot but shall record only the share held in such
society by the member registered in such register as the
holder.

58
 Development of Group Settlement Areas
by Co-operative Societies Organised by the
Development Authority (S35)
(3) A member registered in the register in accordance with
subsection (2) shall, to the extent of the shares held by him
in the society (as recorded in the register) hold an
undivided share in the co-operative group settlement area.

(4) In relation to a co-operative group settlement area, the

register of holdings mentioned in subsection (2) shall,
notwithstanding the provisions of section 12(1), be in Form
D in the First Schedule.

59
 Manager (S36)
For the purpose of administering Federal Development
areas, the Development Authority may after consultation
with the State Authority concerned appoint a Manager in
respect of each of such areas; and the Manager shall have
and exercise the powers conferred on him pursuant to the
modifications mentioned in section 38.

60
 By-laws (S37)
The Chairman of the Development Authority may after
consultation with the State Authority concerned and with the
approval of the Minister make by-laws for the carrying out of
such of the provisions of this Act as shall apply to a Federal
Development area; and without prejudice to the generality of
the foregoing, such by-laws may provide for:

(a) the manner in which applications shall be made and

approved;

(b) the temporary occupation or use of land in a designated area

or a group settlement area which is unsuitable for cultivation, of
unused reserves or portions of reserves and of land in an urban
settlement area not immediately required for alienation; 61
 By-laws (S37)
(c) the method of collection of land revenue in respect of
holdings occupied in expectation of title.

(d) the procedure to be followed under any provision of this

Act;

(e) the powers and duties of officers to whom it may be

necessary to entrust duties in connection with the carrying
out of the provisions of this Part or of any by-laws made
hereunder.

62
 Application of Parts I to VI to Federal
Development Areas (S38)
(1) Notwithstanding that a Federal Development area is
vested in the Development Authority, the provisions of
Parts I to VI (excluding sections 3, 4, 5 and 6, section 7(3),
section 12(2) and section 32) shall, subject to this section,
apply to that area as if such area were State land.

(2) In relation to the application of the provisions aforesaid-

(a) section 7(1) and (2) shall not have effect with respect to
a co-operative group settlement area;
(b) sections 8, 9 and 13 shall be read without any
modifications;

63
 Application of Parts I to VI to Federal
Development Areas (S38)
(c) section 10 shall apply without modification, save that
the power of the Collector to permit the occupation of any
rural holding in expectation of title shall be exercisable
instead by the Manager;

(d) the provisions other than those mentioned in

paragraphs (b) and (c) shall be read subject to the
modifications specified in the Second Schedule.

64
 Appeal (S39)
Any person aggrieved by the decision of the Development
Authority or the Chairman thereof or of a Manager may
appeal to the Minister whose decision thereon shall be
final.

65
 Power to Surrender Rights (S40)
(1) Subject to the provisions of this Act, a holder in
occupation of a holding in expectation of title may
surrender his rights in that holding to the State Authority.

(2) The surrender shall be in Form E in the First Schedule

and shall be submitted to the Collector who shall make a
note of the surrender in the register of holdings.

(3) Upon the making of any note pursuant to subsection (2),

the holder of the holding to which the note relates shall
cease to have or enjoy any right in the holding under this
Act.
66
 Power of Collector to Permit
Occupation by Another Person (S41)
The Collector may, on behalf of the State Authority, permit,
subject to the provisions of this Act, the occupation in
expectation of title by another person of any holding the
rights in which have been surrendered pursuant to section
40(1).

67
Power to Exclude Surrendered and
Unoccupied Holding from Group
Settlement Area (S42)
(1) Where the rights of a holder in a holding have been
surrendered pursuant to section 40(1) and no other person
is occupying the holding in expectation of title pursuant to
section 41, the State Authority may by notification in the
Gazette declare that the whole of the area included in the
holding shall cease to be part of the group settlement area
concerned.

(2) Upon an area ceasing, pursuant to subsection (1), to be

part of a group settlement area, any part of the area
previously included in a designated area shall cease to be
part of the designated area.
68
 Power to Terminate Group
Settlement Areas (S44)
(1) The State Authority, in consultation with the Minister,
may by notification in the Gazette declare that the whole or
any part of the area within a group settlement area shall
cease to be a group settlement area for the purposes of this
Act:

Provided that the consultation shall not be necessary where

the land within a group settlement area does not constitute
a Federal Development area.

69
 Power to Terminate Group
Settlement Areas (S44)
(2) Upon an area ceasing to be a group settlement area:

(a) every part of the area previously included in a

designated area shall cease to be part of the designated
area;
(b) any land reserved by the Director under section 8 for a
public purpose shall be deemed to have been reserved by
the State Authority under section 62 of the National Land
Code 1965;
(c) except as provided in this Part, this Act shall cease to
apply to land in the area.

70
 Continuance of Occupation in
Expectation of Title (S45)
Notwithstanding that an area has ceased to be a group
settlement area, the authority to occupy any holding within
the area in expectation of title shall continue to be enjoyed
by the person whose name appears in relation to that
holding in the register of holdings.

71
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(1) In respect of a holding occupied in expectation of title,
the following provisions of this section shall apply.

(2) A holding occupied in expectation of title shall be

deemed to have been approved by the State Authority for
alienation under the National Land Code 1965 subject to a
determination by the State Authority of the matters
specified in section 79(2) of the Code.

72
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(3) In determining under paragraphs (d) and (e) of that
subsection the rate for rent and the question of premium in
respect of a holding, the State Authority shall take into
consideration the rent, premium and other fees or any
consolidated annual charge to which the holding is subject
under this Act and the need or otherwise of making
adjustments.

73
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(4) In determining under paragraphs (f) and (g) of that
subsection the category of land use and the express
conditions and restrictions in interest to be imposed on the
holding, the State Authority shall not be bound to have
regard to any category, condition or restriction to which the
holding had been subject under this Act.

74
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(5) The sums specified in section 81(1) of the National Land Code
1965 shall become due to the State Authority at the time when it
makes the determination under section 79(2) of the Code:

Provided that if any fees have already been included in any

consolidated annual charge to which the holding was subject and
the State Authority, in determining the rent and premium
payable in respect of the holding under section 79(2), has
adjusted such rent and premium to the consolidated annual
charge, the Collector shall not, when acting under section 81(2)
of the Code, require the intended proprietor to pay such fees.
75
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(6) Until such time as the matters specified in section 79(2) of
the National Land Code 1965 have been determined in respect
of a holding, the following provisions shall apply:

(a) the holding, if it was formerly a rural holding, shall continue

to be subject to sections 13, 20 and 21, to the extent applicable,
as regards liability to pay premium and other fees or a
consolidated annual charge;
(b) it shall be an implied condition of occupation of a holding
that it shall not be used for any purpose other than that for
which it could lawfully have been used before the area in which
it is included ceased to be a group settlement area;
76
 Provisions Applicable to Holdings
Occupied in Expectation of Title
(S46)
(c) section 16 shall continue to apply in respect of the holding;
(d) sections 22 and 23 shall continue to apply in the case of
default in payment of any premium and other fees or any
consolidated annual charge to which a holding which was
previously a rural holding is subject or default in observing the
implied condition specified in paragraph (b);
(e) as regards the assignment of rights in a holding, section 24 or
29 shall continue to apply, according as to whether the holding
was formerly a rural holding or an urban holding, subject to the
deletion of the words "qualified in accordance with the
provisions of section 19 and" in section 24(1).
77
 Provisions Applicable to Holdings
Under Document of Title (S47)
(1) In respect of a holding to which there is a document of
title, the following provisions of this section shall apply.

(2) Subject to this section, the National Land Code 1965

shall apply to the holding.

(3) Express conditions and restrictions in interest endorsed

on the document of title shall continue to run with the land
until amended or rescinded pursuant to subsection (4) and
shall be deemed to be express conditions and restrictions in
interest imposed under the National Land Code 1965.

78
 Provisions Applicable to Holdings
Under Document of Title (S47)
(4) So that the terms governing the holding will be in keeping
with the fact that it is no longer part of a group settlement area,
the State Authority may, with the consent in writing of the
holder:

(a) impose any category of land use on the holding;

(b) rescind any express condition or restriction in interest
endorsed on or referred to in the document of title to the
holding;
(c) subject to section 124(6) of the National Land Code 1965,
amend any express condition or restriction in interest endorsed
on or referred to in the document of title to the land, or impose
any new express condition.
79
 Provisions Applicable to Holdings
Under Document of Title (S47)
(5) Section 124(2), (3), (5) and (7) of the National Land Code
1965 shall, with the necessary modifications, apply in
consequence of a decision of the State Authority to act
under subsection (4) of this section as they apply in
consequence of the State Authority approving an
application under section 124(1) of the Code.

(6) The power of the State Authority under subsection (4)

may be exercised only once in respect of a holding.

80
 Right of Way (S48)
The provisions of section 18 relating to right of way shall
continue to apply in relation to holdings which were
previously rural holdings.

81
Akta Tanah (Kawasan Penempatan
Berkelompok) 1960

82
 Latar Belakang
Akta Tanah (Kawasan Penempatan Berkelompok) 1960 telah
digubal pada tahun 1960 selaras dengan peruntukan di
bawah Artikel 76 Perlembagaan Persekutuan. Semasa
penggubalannya Akta ini dikenali sebagai Akta 13 yang mula
berkuatkuasa pada 30 Mei 1960 di Semenanjung Malaysia
kecuali di Pulau Pinang dan Melaka (1hb Januari 1966). Akta
ini hanya berkuatkuasa di Semenanjung Malaysia kerana
Sabah dan Sarawak mempunyai peruntukan-peruntukan
undang-undang tersendiri.

83
 Latar Belakang
 Akta ini telah dipinda beberapa kali. Antara pindaan yang
terlibat ialah:

i. Akta 51/65 yang berkuatkuasa pada 15hb September 1965,

melibatkan pihak FELDA;
ii. Akta 521 pada 29 Mei 1981;
iii. Akta 541 pada 14 Mei 1982;
iv. Akta 853 pada 17 Julai 1993.

 Akta ini kemudian menjalani semakan pada tahun 1994 dan

kini dikemali sebagai Akta 530 yang mula berkuatkuasa pada
12hb Disember 1994. Selepas semakan ini, Akta ini dipinda lagi
melalui pindaan A950 yang berkuatkuasa pada tahun 1996.
84
 Matlamat Utama Akta
 Mewujudkan satu penempatan baru secara terancang dengan
menyediakan sumber-sumber ekonomi melalui pembukaan
ladang-ladang.

 Membasmi kemiskinan terutama bagi penduduk-penduduk

kampung tradisional.

 Mengatasi masalah kelaparan tanah dan agihan tanah yang

tidak merata.

 Mempercepatkan peruntukan ekonomi berasaskan pertaian

dan eksport.

 Menggalakkan perindustrian berasaskan pertanian. 85

 Kandungan Akta
 Terdapat 48 Seksyen dan 2 Jadual. Pembahagian seksyen
secara am adalah seperti berikut:

Bahagian 1 - Permulaan
Bahagian 2 - Penempatan Berkelompok
Bahagian 3 - Pegangan Desa
Bahagian 4 - Pendudukan, Pegangan Desa dengan harapan
hakmilik
Bahagian 5 – Pegangan Bandar
Bahagian 6 – Am
Bahagian 7 – Kawasan Pembangunan Persekutuan
Bahagian 8 – Penyerahan Hak oleh penduduk mengharapkan
hakmilik
Bahagian 9 – Penamatan 86
 Kandungan Akta
Di dalam akta ini juga terdapat 2 jadual iaitu Jadual Pertama
yang berkaitan dengan penggunaan borang dan Jadual
Kedua berkaitan dengan penyesuaian-penyesuaian dengan
kawasan pembangunan persekutuan.

87
 Istilah Jawatan Penting
 Pemungut – Sebarang Pentadbir Tanah, Pegawai Tanah,
Pegawai Daerah ataupun pegawai lain yang dilantik di bawah
undang-undang tanah negeri termasuklah Penolong Pentadbir
Tanah atau Penolong Pegawai daerah.

 Pengarah – Pegawai yang dilantik oleh Pihak Berkuasa Negeri

sebagai Pengarah bagi maksud akta ini, ia biasanya Pengarah
Pejabatn Tanah dan Galian setiap negeri.

 Pengurus – Dilantik oleh Pihak Pembangunan Persekutuan

mengikut S36 bagi sesuatu kawasan pembangunan.

 Pengerusi – FELDA dan FELCRA

 Menteri – Kementerian yang mengawasi Akta ini 88

 Konsep Penting
Bayaran tahunan disatukan

 Bayaran tahunan yang dikenakan di bawah S20 meliputi

pegangan desa dan pegangan bandar. Unsur-unsur bayaran ini
ialah:

i. Premium
ii. Cukai tanah
iii. Bayaran ukur
iv. Bayaran perkhidmatan, harga alat dan perkakas

 Untuk tanah pegangan desa, bayaran secara ansuran dan bagi

tanah pengangan bandar pula cara bayaran ialah sekaligus. Jika
tidak membayar ia boleh dianggap sebagai melanggar syarat.
89
 Konsep Penting
Kawasan Pembangunan Persekutuan

Bermakna suatu kawasan penempatan yang diisytiharkan

melalui warta di bawah S4 bagi kegunaan-kegunaan di bawah
S34(2).

Kawasan Pembangunan Negeri

Bermakna kawasan yang diwartakan di bawah S4 untruk

dimajukan oleh pihak Negeri.

Kawasan Penempatan

i. Bandar (S6)
ii. Desa (S5) 90
 Akta Tanah (GSA) Skim
Persekutuan
 Mesti ada satu perjanjian di antara Pihak Berkuasa
Negeri dan agensi pembangunan Persekutuan seperti
FELDA dan FELCRA.

 Isi kandungan perjanjian terkandung di dalam S34(1)(a) –

(g).

 Apabila Pihak Berkuasa Negeri mengisytiharkan sesuatu

kawasan di bawah S4 sebagai kawasan pembangunan
Persekutuan, maka kawasan itu akan terletaklah kepada
agensi berkaitan menerusi pemakaian peruntukan S34(2).

91
 Kuasa-Kuasa FELDA
i. Pembahagian kawasan penempatan (Pengerusi);
ii. Kebenaran menduduki pegangan desa (Pengerusi);
iii. Penentuan kawasan dan jumlah petak yang
bersangkutan dengan pegangan desa (Menteri);
iv. Senggaran Daftar Pegangan untuk Pegangan Desa
(Pengerusi);
v. Penguatkuasaan syarat;
vi. Pengutipan bayaran tahunan disatukan;
vii. Penetapan bayaran tahunan disatukan;
viii. Pelepasan kelayakan (Menteri) S19; Para (1) Jadual
Kedua;

92
 Kuasa-Kuasa FELDA
ix. Kelulusan serah hak;
a) Pegangan Desa (Pengerusi) S24
b) Pegangan Bandar (Pengerusi) S29; Para 2 & 4 Jadual Kedua

x. Pemberian hak – penentuan sementara [S37(b)];

xi. Penguatkuasaan – pendudukan haram (S30; Para 4(1) Jadual
Kedua);
xii. Mendengar rayuan – Menteri (S39).

 Bila bayaran tahunan disatukan telah selasai dibayar mengikut

perjanjian, [S34(2)(d)], kawasan pembangunan tersebut akan
terletak hak kembali kepada Pihak Berkuasa Negeri. Kuasa-kuasa
FELDA seperti yang dinyatakan di atas ditamatkan [S34(3)]
93
 Pemberimilikan
i. Di dalam kawasan FELDA, kuasa meluluskan
pemberimilikan masih lagi di Pihak Berkuasa Negeri
[S10 dan S38(2)(k)];

ii. Pengurus boleh membenarkan pendudukan ke atas

pegangan desa selepas kelulusan pemberimilikan
[S10(1)(b) dan S38)2)];

iii. FELDA tidak meluluskan pemberimilikan; dan

iv. Syarat-syarat pemberimilikan dikenakan semasa

kelulusan, bukan semasa tempoh pembayaran bayaran
tahunan disatukan. 94
 Pemberimilikan
 Pegangan Desa dengan Bayaran Tahunan Disatukan

a) Kelulusan dibuat sebelum penguatkuasaan Kanun Tanah

Negara 1965;
b) Syarat pemberimilikan ialah:
i. kawasan;
ii. Tempoh milik;
iii. Kadar cukai;
iv. Kadar premium;
v. Bayar Bayaran Tahunan Disatukan;
vi. Syarat nyata; dan
vii. Sekatan kepentingan

95
 Pemberimilikan
 Pegangan Desa tanpa Bayaran Tahunan Disatukan

i. Kelulusan sebelum penguatkuasaan Kanun Tanah

Negara 1965;
ii. Syarat sama kecuali Bayaran Tahunan Disatukan.

 Pegangan Bandar

i. Kelulusan sebelum penguatkuasaan Kanun Tanah

Negara 1965;
ii. Syarat sama kecuali bahagian syarat nyata.

96
 Pemberimilikan
Kelulusan selepas Kanun Tanah Negara 1965

 Pegangan Desa

i. Syarat sama
ii. Dikenakan kategori

 Pegangan Bandar

i. Syarat sama
ii. Dikenakan kategori

97
T H AN K YO U

98