Land (Amendment) Enactment 1997 (No. 4 of 1997)

STATE OF SABAH I assent, TUN DATUK SERI PANGLIMA HAil SAKARAN BIN DANDAI, Yang di-Pertua Negeri. 24TH DECEMBER 1997. No. 4 of 1997 An Enactment to amend the Land Ordinance (Cap.68). ENACTED by the Legislature of the State of Sabah as follows: t. This Enactment may be cited as the Land (Amendment) Enactment 1997 and shall come into operation on the date of its publication in the Gazette. Shon 1i1le and COIIIIIICIICC llk:111. 76 No. 4 of 1997 La.nd (Amendment) Amendment 2. Section 6 of the Land Ordinance, which in this Enactment is of section 6. cap.6s. referred to as "the principal Ordinance", is amended Amendment of section 16. Amendment of section 17(4). (a) by inserting, immediately after the words "Notwith standing anything to the contrary contained" in line l, the words "in this Ordinance or"; (b) by renumbering the existing section as subsection (1); and (c) by inserting, immediately after subsection (1), the fol lowing new subsection (2): "(2) Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the owner or any person entitled to an interest therein, and accordingly, any written law relating to the limita tion of suits in force in Sabah shall in no circum stances operate to extinguish any title to, or interest in, land.". 3. Section 16 of the principal Ordinance is amended ( a) by renumbering the existing section as subsection (1); and (b) by inserting, immediately after subsection (1), the fol lowing new subsection (2): "(2) Where the Collector decides that native customary rights established under section 15 shall be dealt with by money compensation, the affected land together with all buildings, erections and crops thereon shall vest in the Government free from all encumbrances and shall be deemed to have been surrendered by the lawful claimant thereof upon such decision being made.". 4. Subsection ( 4) of section 17 of the principal Ordinance is amended Land (Amendment) No. 4of 1997 ( a) by inserting, immediately after the words "the Banking and Financial Institutions Act 1989" in lines 7 to 8, the words ", any Islamic bank licensed under the provisions of the Islamic Banking Act 1983"; and ( b) by inserting in the marginal note the words "Act 276.". 77 S. Section 27 of the principal Ordinance is amended by insert- Amendment ing, immediately after the word "sections" in line 1, the figure and of section 27. comma "16,". 6. Subsection ( 1) of section 31 of the principal Ordinance is Amendment amended in paragraph ( d) by inserting, immediately after the words ~~ ~~~~ "permission to construct a" in line 7, the words "pipeline,". 7. Subsection (1) of section 9 7 of the principal Ordinance is amended by inserting, immediately after the words "a Malay sian Consular Officer" in line 2 of paragraph ( c ), the words "or a Notary Public". 8. Section 100 of the principal Ordinance is amended by insert ing, immediately after the words "except in cases of' in line 8, the words "discharge of charge,". 9. Section 104 of the principal Ordinance is amended by insert ing, immediately after the words "When any land" in linel, the words "or interest therein". 1 O. Section 105 of the principal Ordinance is.amended by renum bering the existing section as subsection ( 1) and by inserting immediately thereafter the following new subsection (2): "(2) Any sublease registered under this Ordinance may, with the agreement of the person for the time being entitled to the reversion expectant thereon, be sur rendered to that person by a. memorandum in the form of Schedule XVIIIA and the interest of the sublease shall determine as from the date on which the memorandum is registered: Provided that a sublease which has been charged shall only be surrendered with the consent thereto in writing of the chargee. ". Amendment of section 97(1). Amendment of section 100. Amendment of section 104. Amendment of section 105. 78 New section 109A. No. 4 of 1997 Land (Amendment) 11. The principal Ordinance is amended by inserting, immedi ately after section 109, the following new section f09A: "Satisfaction 109A. of charge Notwithstanding the provisions of section 109, any chargee may without receiving full satisfaction of payment for his charge, by a memorandum in the form of Schedule XVIIA, discharge the land or sublease to which his charge relates (or, if it relates to more than one title or sublease, all or any of them) from further liability thereunder, and the discharge shall take effect as from the date on .which the memorandum is registered.". without full payment. Amendment of section 114(2). Amendment of section 116. 12. Subsection (2) section 114 of the principal Ordinance is amended by substituting for the full-stop at the end thereof a colon and by inserting immediately thereafter the following proviso: "Provided that no land, share or interest shall vest in the trustee in bankruptcy or receiver of an insolvent estate or any other person above-mentioned until it has become registered in his name pursuant to this provision.". 13. Section 116 of the principal Ordinance is amended ( a) in subsection ( 1 ), by substituting for the words "twelve months" in the last line of the proviso thereto the words "three years"; and (b) by inserting, immediately after subsection (3), the fol lowing new subsection (3A): "With drawal of caveat. (3A)( a) A caveat may be withdrawn at any time by a notice in the form of Schedule XXA accompanied by the prescribed fee and presented to the Registrar by the person at whose instance it was entered. ( b) On receiving any notice of withdrawal, the Registrar shall (i) cancel the entry of the caveat on the document of title, noting thereon for the cancellation. and the date thereof; and Land (Amendment) No. 4 of 1997 (ii) give notice of the withdrawal to the person in whom the land or interest formerly bound by the caveat is for the time being vested. ( c) Every cancellation under sub-paragraph (i) of paragraph (b) shall be signed and sealed. ". · 79 14. The principal Ordinance is amended by inserting, immedi- New section ately after section 171B, the following new section 171C: rnc. "com pounding of offences. 171C. (1) The Minister may compound any offence under this Ordinance or rules made thereun der by making a written offer to such person to compound the offence upon payment to the Government of such amount not exceeding the maximum fine for that offence within such time as may be specified in the offer. (2) The offence which may be compounded under subsection (I) shall only be in respect of an offence committed for the first time. (3) An offer under subsection (I) may be made at any time after the offence has been commit ted but before any prosecution for it has been insti tuted, and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as may be granted by the Minister, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made. ( 4) Where the amount specified in the offer is paid up within the time specified in the offer or within such ~xtended. period as may be granted by the Minister, no prosecution shall thereafter be insti tuted in respect of such offence against the person to whom the offer to compound was made.". 15. Schedule XV to the principal Ordinance is amended ( a) by substituting for the word "land" in line 2 of clauses 1 and 6, the words"**land/sublease"; Amendment of the Schedule XV. 80 New Schedules XVIIA and XVIIIA. Land No. 4 of 1997 ( Amendment) (b) by substituting for the word "co/owner(s)" in line 2 of clause 1 and the word "owner(s)" in the attestation clause respectively the words "**owner( s )/sub lessee( s)"; (c) by substituting for the word "Owner(s)" immediately below the testimonium clause the words "**Owner(s)/ Sublessee(s)"; and ( d) by inserting, immediately below the words "*This clause may be deleted by consent of both parties.", the words "** Delete as appropriate.". 16. The principal Ordinance is amended ( a) by inserting, immediately after Schedule XVII, the following new Schedule XVIIA: "SCHEDULE XVIIA (Section I 09A) DISCHARGE OF CHARGE I, ..................................................................... , the undersigned, of .................................................................. , being chargee described in the Sched ule below of the *land/sublease so described, hereby discharge from all further liability under the charge * the whole of the land/sublease. * such of the land/sublease as is marked "Discharged" in the last column of the Schedule. Schedule of *Land/Interest (I) (2) ~ IitleNo. (3) Memorial No.of Char~e Dated this ....... day of ................ 19 .... . (4) Note of Discharge <where appropriate} Signature of chargee Land (Amendment) Signed in the presence of person qualified under section 97 attesting the signature of chargee *Delete as appropriate. (Block Letters) No. 4of 1997 Signature of witness "; and (b) by inserting, immediately after Schedule XVIII, the follow ing new Schedule XVIIIA: "SCHEDULE XVIIIA (Section 105(2)) SURRENDER OF SUBLEASE I, ..................................................................... , the undersigned, of ........ ........... .................................. , being the registered sublessee under the sublease described in the Schedule below of the land so described, hereby surrender the same to the person entitled to the reversion thereof as named below. Schedule Dated this ....... day of ................ , 19 ... .. Signed in the presence of person qualified under section 97 attesting the signature of sublessee Signature of sublessee (Block Letters) Signature of witness 81 82 Amendment of Schedule XIX. New Schedule XXA. No. 4 of 1997 Land (Amendment) I, ..................................................................... , the undersigned, of ................................................... , being entitled to the reversion on the sublease above referred to accept this surrender. Dated this ....... day of ................ , 19 .... . Signed in the presence of person qualified under section 97 attesting the signature of owner (Block Letters) Signature of owner Signature of witness " 17. Schedule XIX to the principal Ordinance is amended by inserting, immediately after the words "Commissioner for Oaths" at the bottom of the form, the words "or Advocate or Justice of the Peace". 18. The principal Ordinance is amended by inserting, immedi ately after Schedule XX, the following new Schedule XXA: SCHEDULE XXA (Section I 16(3A)) NOTICE TO WITHDRAW CAVEAT To the Registrar, I, ..................................................................... , the undersigned, of .................................................................. , being the person who entered caveat Memorial No ............................. against the *land/interest described in the Schedule below, hereby give notice that I wish to withdraw the said caveat under section I 16(3A) of the Land Ordinance (Cap.68). 2. As required, I submit herewith the prescribed fee of RM ........... . Land (Amendment) No. 4 of 1997 Schedule of *Land/Interest Dated this ............ day of ...................... , 19 ... . Signed in the presence of person qualified under section 97 attesting the signature of cavcator *Delete as appropriate. Signature of caveator (Block Letters) Signature of witness CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on Tuesday, the 18th day of November 1997. DATUK FRANCIS T.N. YAP, Deputy Speaker, State Legislative Assembly. 83