LEASE OF RESERVED LAND (SECT 62 – 64) LAW 504 Prepared by: Pn Hamsiah Omar
Sect 62 SA has power to reserve any state land For public purpose eg. Hospitals, schools It does not include:- - forest reserved - Malay reserved
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
…continue1. Notification shall be published (refer Sect 433) Where ? - on the reserved land; - Penghulu’s office or balairaya - court, mosque, market - will be conclusive evidence
…continue1. Can the land be used for other purpose? Section 62(4) - No3. Can reserved land be alienated ? No, unless it is first revoked from reserved status and becomes state land.
…continueWhat 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.
How to apply lease of reserved land?Section 63i. By officer in charge of reserved land to SA; orii. By other person or body direct to SA after obtaining consent from officer in charge of reserved land.
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
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
Govt. of Neg Sembilan v. Yap ChongLanFacts- Land reserved for vegetable farm but later part of the land been alienated Land alienated before revocation is madeIssue - 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.