WHAT IS ALIENATION OF LAND

Section 5 , National Land Code defines disposal as any disposal of land made by the
State Authority in the exercise of any of the powers conferred by section 42 or of any of
the corresponding powers conferred by any previous land law..
While the definition of Alienate with reference from Section 5 , National Land Code
means to dispose of State Land in perpetuity or for a term of years, inconsideration of
the payment of rent, and otherwise in accordance with the provision of section 76, or
when used in relation to the period before the commencement of this Act, to dispose of
State land in perpetuity or for a term of years under a previous land law (not being a law
relating to mining)
Based on Section 76 , National Land Code elaborates the meaning of alienation and
outlines the conditions- where land may be disposed in perpetuity .
The alienation of State land under this Act shall consists of its disposal by the state
Authority
a) For a term not exceeding ninety nine years :
aa) In perpetuity
i)
Where the Federal Government requires the state Authority to cause a
grant in perpetuity to be made to the Federal Government or to a
public authority or where the Federal Government and the
Government of the State agree to make a grant in perpetuity to the
ii)

Federal Government ;
Where the stat Authority is satisfied that the land is to be used for a

iii)

public purpose ; or
Where the state authority is satisfied that there are special
circumstances which render it appropriate to do so ;

b) In consideration of the payment of an annual rent ;

c) In consideration , unless the State Authority thinks fit to exempt therefrom in any
particular case , of the payment of a premium ;

d) Subject , unless the State Authority otherwise directs pursuant to subsection 52

(5) , to a category of land use determined in accordance with subsections ( 2 )
and ( 3 ) of that section ; and
e) Subject to such conditions and restrictions in interest as may be imposed by the
State Authority under , or are applicable thereto by virtue of , any provision of this
Act :
Provided that nothing in paragraph ( aa ) shall enable the State Authority to dispose
of any part of the foreshore or sea bed for a period exceeding ninety nine years ;
and paragraph ( d ) shall not apply to the alienation of land under this Act in
pursuance of an approval given by the State Authority before the commencement
thereof.

WHO CAN APPLY ( APPLICANT )

Persons and bodies to whom land may be disposed according to Section 43 ,

National Land Code :
i. Natural persons other than minors.
ii. Corporations having power under their constitution to hold land
iii. Sovereigns, governments, organizations and other persons authorisedto
hold land under the provisions of the Diplomatic and Consular Privileges
iv.

Ordinance, 1957.
Bodies expressly empowered to hold land under any other writtenlaw

Only to the Malays as for Malay Reservation Land,

Only to the indigenous people as for Indigenous Reservation Land,
Only to the Kelantanese as for Kelantan State Land

WHAT MATTERS RELATING TO LAND TO BE DETERMINED BY THE

STATE AUTHORITY UPON APPROVAL ?
According to Section 79 (2 ) , National Land Code general provisions relating to
approvals are the following matters shall be determined by the State Authority at the
time when it approves the alienation of land under this Act to any person or body-

1.
2.
3.
4.
5.

Area of land approved,

Period / duration
Form of final title
Form of qualified title
Rent , rates determined according to section 80 ( 1 ) National Land Code
a) The rates of rent and premium determined by the State Authority in
pursuance of paragraphs (d) and (e) of sub-section (2) of section
79 shall, in the case of land of any class or description with respect
to which rates are for the time being prescribed, be the rates so
prescribed:
Provided that the State Authority may, in relation to rent
or premium or both, determine different rates if it thinks
fit to do so in the circumstances of any particular case,
and may in particular (but without prejudice to the
generality of the foregoing) determine(i)
a higher rate of rent in a case where no
(ii)

premium is to be charged, or
(ii) a nominal rate of rent where the land is
to be alienated for any religious,
educational, charitable or public purpose

6. Premium , if any
7. Category of land use and
8. Express conditions and restrictions in interests , if any

HOW MANY METHODS OF LAND ALIENATION ?

There are two ways that the state land may be alienated, namely planned
andunplanned alienation.
Planned alienation refers to the case where an area of land isselected by the Land
Office and after assessing the suitability, applications are theninvited. Then the selected
applicants are required to submit the formal applications.Planned alienation is suitable
for both large and small areas of land. It has beenrecommended by the National Land

Council in 1958. Planned alienation for largeareas of land is normally done under the
Land Group Settlement Areas Act (GSA),1960.
On the other hand, unplanned alienation refers to application of land made by the
person or body on his or its own initiative
HOW IS THE PROCESS OF UNPLANNED ALIENATION ?
The procedures of unplanned alienation can be found in the Manual for Land
Administration 1980. These procedures can be summarized as follows :
i.

The applicant submits the application using the form specified by the Land Office

ii.

together with the plan and particulars of the said land and fees payable.
The Land Office will refer the application to the relevant departments for their

iii.

comments.
The Land Administrator will forward the application to the State Authority with the

iv.

recommendation for or against the approval of the application.

The Executive Council will decide on the approval of the application and the

v.
vi.

applicant will be informed of this decision.

If the application is approved, the applicant will have to pay all the fees specified.
The subject land will be surveyed either by the Survey and Mapping Department

vii.

or a licensed surveyor.
A registered title will be issued to the proprietor.