CONDITIONS AND RESTRICTIONS IN INTEREST

CONDITIONS AND RESTRICTIONS IN INTERESTWhen the SA has decided to approve any application for alienation, one of the matters to be considered upon approval is that land alienated will be subject to a category of land use sec. 76(d)Sec. 52 stipulates that category of land use that may be imposed by the SA can be either for the category of agricultural, building or industry. Endorsement of any one category of land use shall be endorsed by the SA on the RDT & IDT sec. 52(1)(b)What is conditionSec. 5 & 103Restriction in interestLimitation or restriction imposed by the SA on the right of the proprietor to deal with his land. The common restrictions in interes imposed by the SA reads as follows:-Tanah ini tidak boleh dipindahmilik, dipajak atau di gadai tanpa kebenaran Pihak Berkuasa NegeriTo whom condition and RII is bindingSec. 105 Dr Ti Teow Siew & Ors v. Pendaftar geran-geran Tanah Negeri SelangorSec. 120General Powers upon alienationSec. 121Express condition for agriculturalSec. 122Express condition for building and industrySec. 115Implied Condition for agriculturalSec. 116Implied condition for buildingSec. 117Implied condition for industryWhat if the proprietor wishes to use his land for a purpose other than what is stated in the title?Sec. 124(1) the proprietor of any alienated land may apply to SA to vary any of the following:To alter the category of land useTo delete the express conditions or RII or to remove the term padi of any other expression.Ba. To remove the term rubber or kampung and replace with a new expressionc. To amend the express condition or RIIProviso

SA mjust satisfy that every person/body who has registered interest in the land or in occupation of the land consented to the new condition/conversion.

(2) Once approved ,SA shall endorse the new condition on the IDT and the existing condition deleted.Sec. 124(5)In approving the conversion, the SA may impose:Payment of further premiumPayment of other chargesRate a new rentCompliance with other requirements as the SA may think fit.

Pengarah Tanah dan Galian WP v. Sri lempah EnterpriseWhen breach arises?Section 125

Collector of Land Revenue JB v. south Malaysia IndustriesWhat happen if there is a breach of condition?Sec. 127(1) (a)

Once a breach of a condition has been made, the land is liable to be forfeited by the SAWhat are the necessary actions to be takenby SA before forfeitureSA may have to determine whether the breach falls under any of the following categories:-Whether the breach is capable of being remedied by paying a fine only. This maybe so if the breach is not serious.Whether the breach is capable of being remedied by the proprietor within a reasonable timeAction by SA if fine is imposedSec. 1271(A)(a) F7ESec. 127(A)(b)127 (1B)127(1C) F7F1227(3)Action by if breach is capable to be remediedSec. 128Sec. 129(1) serve F7B