Artikel

Malay Reservation Enactment

BACKGROUND

Malay Reservation Land Law (before the commencement of Malay Reservation Enactment) was introduced on 1st January 1914 when the Malay Reservation Enactment 1913 comes into force in the Federated Malay States that includes Perak, Selangor, Negeri Sembilan and Pahang. This Malay Reservation Enactment 191 3was repealed starting from 15th December 1933 and is replaced by the Malay Reservation Enactment 1933. In 1935, the Malay Reservation Enactment 1933 was reviewed and was republished as Malay Reservation Enactment (FMS Cap 142) and used until today.
It is later followed by other states, enacting their own Malay Reservation Enactment, that is :

• Malay Reservation Enactment Kelantan 1930
• Malay Reservation Enactment Kedah 1931
• Malay Reservation Enactment Perlis 1935
• Malay Reservation Enactment Johor 1936
• Malay Reservation Enactment Terengganu 1941

Bristish does not enact any Malay Reservation Enactment for Penang, Singapore and Malacca.
 
MALAY RESERVATION OBJECTIVE

There are two main objectives:

• Prevent State Land in Malay Reservation Area from being disposed by any means to the non-Malay.
• Prevent any private dealings between Malay and non-Malay in term of Malay Holding or Malay ReservationLand

 
AIM

With the two objectives, it is hope that land hold by the Malays will be controlled by the Malays in the future.
 
DECLARATION

Power of Declaration

In the state of Perak, Selangor, Negeri Sembilan and Pahang, where the Malay Reservation Enactment (FMS Cap 142) are used, the power of declarartion falls under the Chief Minister of the State with the approval from the Ruler of the State in Council. In the State of Johor, the State Director of Land and Mine with the approval from the Ruler of the State in Council, while in other States, it is the Ruler of the State in Council.

Purpose of Declaration

• To declare any area fo land within the State to be a Malay Reservation Area.
• To revoke any Malay Reservation Area.
• To alter the limit or boundaries of any Malay Reservation.

 
Land that can be declared as Malay Reservation.

• State Land
• Reserved Forest Land
• Land Reserved for a public purpose
• Alienated Land

 
Conditions for Declaration

• Only land that has not been developed or cultivated may be declared as Malay Reservation [Federal Constitution, Article 89 (2)].
• If 100 hectare land is declared as Malay Reservation, an equal area of land of 100 hectare which has not been developed or cultivated shall be made available for general alienation to the general public including the Malays. [ Federal Constitution, Article 89 (2)]
• If any part of the land ceases to be a Malay Reservation either wholly or only part of it, any other land in that State with a similar character and of area not exceeding the area of that land must be immediately declare as a replacement. Without replacement, the revocation is not valid [Refer to Article 89 (3), Federal Constitution].
• Any land which is owned or occupied by a non-malay or which such a person has then any right or interest cannot be declare as Malay Reservation. [Refer to Article 89 (4) Federal Constitution].
• For the purpose of the Malay Reservation Enactment of Kedah, town area or land in 'Sanitary Board' area,cannot be declared as a Malay Reservation .[ Section 3 (1) of the Malay Reservation Enactment Kedah].
• Under the Malay Reservation Enactment of Terengganu, only town or village land can be declared as a Malay Reservation. [ See definition (d) on 'Malay Holding']

Malay Reservation Remain as a Malay Reservation

Any land that were declared to be a Malay Reservation must remain as Malay Reservation until it is otherwise declared and gazetted as being revoked by the parties concern.

Source: INSTUN

Land Act (Group Settlement Areas), 1960

• This Act seeks to ensure the uniformity of laws and policies for the purpose of implementing group settlement areas and the conditions for alienation and placement of land in the area as well as other related matters.
• This act was amended in 2002 and came into force on 26 December 2002. Following the amendments made, ownership in rural areas under the Group Settlement Areas Act can be alienated and held jointly between not more than two owners.
• Amended sections are Section 7, Section 12, Section 14 and Section 15. While Section 16 has been removed from the Act. Form AA has been introduced as a new form that must be completed in the case of transfer of one’s private property to wife, ex-wife or relative of the owner.

Background on The National Land Code

The National Land Code (NLC) is the law regarding Land Administration in the Peninsular Malaysia. Yet, it does not apply in the state of Sabah and Sarawak. Nothing in this Act can affect the previous implementation or anything that is made under, any previous land law, so far as they relate to land, the provisions of any other law enacted before the commencement of this Act.

Except in so far as it is expressly provided to the contrary, nothing in this Act shall affect the provisions of:

Any law for the time being in force relating to customary tenure;;

Any law for the time being in force relating to Malay reservations or Malay holdings;

Any law for the time being in force relating to mining;

Any law for the time being in force relating to sultanate lands;

Any law for the time being in force relating to wakaf or bait-ul-mal.

The Terengganu Settlement Enactment, 1356.

The Padi Cultivators (Control of Rent and Security of Tenure), Act 1967.

The Kelantan Land Settlement Act 1955

The Land (Group Settlement Areas) Act 1960.

The Perlis Land Settlement Enactment 1966.

Any law for the time being in force relating to exemptions from the payment of land revenue.