2. It is a power of the StateAuthority to take
back alienated land from the registered
proprietor due to either non-payment of rent
or breach of conditions.
3. Non-payment of rent – Section 100
Breach of condition – Section 127 (1)
5. S 93. Rent to be a debt due to State Authority
S 94 (1)When rent due: the beginning of the
calendar year.
S 94 (2) when in arrears: the first day of June
in that year.
6. 1. LA serves notice of demand in Form 6A.
2. LA endorses a note of service pof Form 6A
on the RDT.
3. LA serves a copy of Form 6A on persons and
bodies having interest in land.
4. If sum demanded is not paid, order for
forfeiture is made under section 100.
5. Notification of forfeiture in Form 8A is
published in the Gazette.
7. Endorsement of the note of service of the
notice on the RDT is a mandatory
requirement.
Failure to do so renders the forfeiture invalid.
8.
9. Land can be forfeited for breach of
either an express or implied
condition.
10. Conditions requiring continuous performance
E.g. that no building shall be erected on the land
other than a building or buildings to be used for
one or more of the purposes specified or referred
to in subsection (4) – S 115(1)(a)
Conditions subject to a fixed term
E.g. that a bona fide commencement of
cultivation of the land shall be made within twelve
months of the relevant date – S 115 (b)
11. 125. When a breach of condition arises.
(1) A breach of a condition requiring continuous
performance shall arise so soon, and continue so long, as
the condition is not complied with.
(2) A breach of a condition subject to a fixed term shall
arise-
(a) in the case of a condition requiring the doing of any act
within any time (being the time specified therein, or that
time as extended under section 107) upon the expiry of
that time without the act having been done;
(b) in the case of a condition requiring any act to be
refrained from until any time, upon the doing of that act
before that time.
12. Liable to forfeiture – Section 127
127. Liability to forfeiture for breach of condition.
(1) Upon any breach arising of any condition to which any
alienated land is for the time being subject-
(a) the land shall become liable to forfeiture to the State Authority,
and
(b) except in a case where a fine is imposed under subsection (1A),
or where action for the purpose of causing the breach to be
remedied is first required to be taken under section 128, the Land
Administrator shall proceed with the enforcement of the
forfeiture in accordance with the provisions of section 129
13. LA may:
1. Impose fine – S 127(1A)
Require RP to show cause why a fine should not be imposed
2. Instruct RP to remedy breach – S 128
Serve F 7A specifying the action required to remedy breach
Endorse on RCT the land is subject to action for breach of
condition.
Case: Che Minah Remeli v LA of Besut [1992]
3. Enforce forfeiture – S 129
Issue notice in F 7B. Copies are served to persons under S 98(1).
Hold an enquiry as to why the land should not be forfeited.
Takes effect upon notification in the Gazette – S 130
14. Land and any buildings on the land revert to
State Authority
Free from all titles and interests
No compensation required
Any land revenue due shall be extinguished
SA may realienate land after 3 months or after
appeal has been determined by the High Court.
(See Pemungut HasilTanah KotaTinggi v UMBC
[1981] 2 MLJ 264)
18. Yes. See SS 132(1)(a), S 134, S 418.
Appeal to the court
within 3 months
Grounds of appeal – S 134(2)
Order made contrary to NLC
LA failed to comply with requirements of NLC
Irregularity of a significant nature
(See Pow Hing & Anor)
