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Federal Lands Commissioner Act 1957 (Revised 1988)

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Act 349

FEDERAL LANDS

COMMISSIONER ACT 1957

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia2 ACT 349

FEDERAL LANDS COMMISSIONER ACT 1957

First enacted ... ... ... ... ... ... ... 1957 (Ord. No. 44 of 1957

Revised ... ... ... ... ... ... ... 1988 (Act 349 w.e.f. 3 November 1988)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Federal Lands Commissioner 3

LAWS OF MALAYSIA

Act 349

FEDERAL LANDS COMMISSIONER ACT 1957

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Incorporation of Federal Lands Commissioner

4. Powers of Corporation

5. Execution of documents

6. Notification of appointment in the Gazette

7. Vesting of property

8. Vesting of rights and liabilities of Chief Secretary

9. (Omitted) Laws of Malaysia4 ACT 349

Federal Lands Commissioner 5

LAWS OF MALAYSIA

Act 349

FEDERAL LANDS COMMISSIONER ACT 1957

An Act relating to the establishment and incorporation of a Federal Lands Commissioner and for matters connected therewith. [Peninsular Malaysia--27 August 1957;

Sabah and Sarawak--27 October 1967]

Short title

1. This Act may be cited as the Federal Lands Commissioner Act 1957.

Interpretation

2. In this Act-- "property" includes all estates, interest, easements and rights, whether equitable or legal, in, to or out of property, and things in action.

Incorporation of Federal Lands Commissioner

3. (1) The Yang di-Pertuan Agong may appoint, from time to time, a public officer to be the Federal Lands Commissioner. (2) The officer for the time being appointed to be the Federal Lands Commissioner and his successors in office shall be a body corporate under the name of "the Federal Lands Commissioner" (hereinafter called "the Corporation").

(3) The Corporation may sue and be sued in its said name and shall have perpetual succession and a corporate seal, and the said seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit, and, until a seal is provided under this section, a stamp bearing the inscription "the Federal Lands Commissioner" may be used as the corporate seal. Laws of Malaysia6 ACT 349

Powers of Corporation

4. The Corporation may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Corporation upon such terms as to the Corporation seems fit. Execution of documents

5. (1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of--

(a) the Federal Lands Commissioner; or

(b) any officer designated by the Federal Lands Commissioner for the purposes of this subsection by notification in the Gazette,

who shall sign every such deed, document or other instrument to which the corporate seal is affixed, and such signing shall be sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Corporation. (2) (Omitted).

Notification of appointment in the Gazette

6. A notification in the Gazette of the appointment of any person to be the Federal Lands Commissioner shall be conclusive evidence that such person was duly so appointed.

Vesting of property

7. *(1) All immovable property which, immediately before the commencement of this Act was vested in the Chief Secretary for the purposes of the Federal Government or for the purposes of the Government of any State or Settlement or for the purposes of the Malayan Railway including property vested in the Chief Secretary, *NOTE--This subsection does not apply to Sabah and Sarawak­see P.U. 495/1967. Federal Lands Commissioner 7

Federation of Malaya, under section 7 of the *Chief Secretary (Incorporation) Ordinance 1949 [Ord. 5 of 1949], shall, on the coming into force of this Act and without any conveyance, assignment or transfer whatever, vest in the Corporation for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the coming into force of this Act.

(2) The Yang di-Pertuan Agong may, by Order, vest in the Corporation any property, movable or immovable, for the time being vested in any public officer or authority and, upon the coming into operation of any such Order, the property to which such Order relates shall, without any conveyance, assignment or transfer whatever, vest in the Corporation for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the coming into operation of the Order.

(3) The Yang di-Pertuan Agong may, by Order, vest in any public officer or authority any property, movable or immovable, for the time being vested in the Corporation and, upon the coming into operation of any such Order, the property to which such Order relates shall, without any conveyance, assignment or transfer whatever, vest in such officer or authority for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the coming into operation of the Order.

Vesting of rights and liabilities of Chief Secretary **8. All rights, powers and liabilities which were, immediately before the coming into force of this Act, vested in or imposed on the Chief Secretary, Federation of Malaya, by virtue of section 8 of the Chief Secretary (Incorporation) Ordinance 1949, or otherwise shall, on the coming into force of this Act, be vested in or be imposed on the Corporation.

9. (Omitted). *NOTE--The Chief Secretary (Incorporation) Ordinance 1949 [Ord. 5 of 1949] has been repealed by the Federal Land Commissioner Ordinance 1957 [Ord. No. 47 of 1957]­see section 9 of Ord No. 47 of 1957. The Federal Lands Commissioner Ordinance 1957 has since been revised as the Federal Land Commissioner Act [Act 349].

**NOTE--This subsection does not apply to Sabah and Sarawak­see P.U. 495/1967. Laws of Malaysia8 ACT 349

LAWS OF MALAYSIA

Act 349

FEDERAL LANDS COMMISSIONER ACT 1957

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 332/1958 Titles of Office Ordinance 1949 13-11-1958 L.N. 477/1965 National Land Code (Repeals and 23-12-1965 Amendments) Order 1965

L.N. 495/1967 Modification of Laws (Federal 27-10-1967 Lands Commissioner) (Extension

to Borneo States) Order 1967

Act A570 Federal Lands Commissioner 16-12-1983

(Amendment) Act 1983

Federal Lands Commissioner 9

LAWS OF MALAYSIA

Act 349

FEDERAL LANDS COMMISSIONER ACT 1957

LIST OF SECTIONS AMENDED

Section Amending authority In force from

3 L.N. 332/1958 13-11-1958

5 L.N. 477/1965 23-12-1965

P.U. (B) 324/1970 01-01-1971

Act A570 16-12-1983

7 L.N. 332/1958 13-11-1958

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA