KANDUNGAN - ptj.johor.gov.my · kandungan bil. bil.pek. tajuk syor m.surat 44 13/54 legal notification ² description 56

KANDUNGAN BIL. BIL.PEK. TAJUK SYOR M.SURAT 1 1/47 REBATES OF RENT ( X X ) 1 2 2/47 PAYMENT OF LAND RENT BY INSTALMENTS ( X X ) 3 3 1/49 REBATE OF RENT - DISCONTINUANCE OF ( X X ) 5 4 1/50 CAVEATS UNDER SECTION 11(1) OF DEBTOR 6 AND CREDITTOR ( O.P.) ORDINANCE 42/48 5 2/50 SETTLEMENT OF LARGE LOTS FOR 7 GRANTS OR LEASE 6 3/50 CONTROL OF CULTIVATION OF TAPIOCA 8 7 4/50 NOTICE OF FORFEITURE AND RE-ENTRY 9 FOR ABDOMENT 8 1/51 SOIL EROSION CONDITION UPON ALL FUTURES E.M.Rs 10 9 2/51 BACK RENTS ( <> ) 11 10 3/51 REVENUE DERIVED FROM LICENCES FOR 12 TEMPORARY OCCUPATION OF STATE LAND FOR WAYANG, ETC 11 4/51 REVISION OF RENTS 13 12 5/51 RESCISSION OF EXPRESS CONDITION 16 PROHIBITING THE PLANT OF RUBBER 13 6/51 CUSTODY OF MUKIM REGISTERS IN SUB-DISTRICTS 17 14 7/51 REVISION OF RENTS 18 15 8/51 SERVICE OF NOTICE OF SALE FOR 19 ARREARS OF RENT 16 9/51 CANCELLATION OF OBSOLETE C.L.& M. CIRCULARS 20 17 1/52 LEASES FOR PETROL STATION 21 18 2/52 CERTIFIED COPIES OF TITLES 22 19 3/52 APPLICATION FOR LAND 23 20 4/52 TOWN AND VILLAGE LANDS AND TOWN 24 BOARD AREAS 21 5/52 LAND ACQUISITION 25 22 6/52 RESERVATION OF LAND FOR A PUBLIC PURPOSE ( XX ) 26

~ FORM OF GAZZETE NOTIFICATION

KANDUNGAN BIL. BIL.PEK. TAJUK SYOR M.SURAT

23 7/52 LAND ACQUISITION ( X X ) 28

24 8/52 WIDTH OF SHOP ABUTTING ON STREETS 29

25 9/52 PUBLIC NOTICES OF SALES SECTION 89, 30 LAND ENACTMENT 26 10/52 LICENCES UNDER RULES 21 L.E. ( X X ) 31 27 1/53 PROCEDURE UNDER THE LAND ( X X ) 32 ACQUISITION ENACTMENT 28 2/53 BAIT-UL-MAL 33 29 3/53 THE LAND ACQUISITION ENACTMENT 34 30 4/53 CARE OF SURVEYING AND DRAWING ( X X ) 36 EQUIPMENT 31 1/54 TERM OF ALIENATION OF LAND FOR ( X X ) 37 VEGETABLES GROWING TO NEW VILLAGES 32 1A/54 TERM OF ALIENATION OF LAND FOR ( X X ) 39

. VEGETABLES GROWING TO NEW VILLAGES. 33 2/54 EXECUTION OF DOCUMENTS IN 40 ANTICIPATION OF THE REGISTRATION OF OTHER DOCUMENTS PRECEDING THEM 34 3/54 REGISTER OF APPLICANTS FOR LAND(LANDS 43) ( X X ) 41 35 4/54 ACQUISITION AWARDS FOR COST OF 42 MOVING BUILDING 36 5/54 ACQUISITION OF LAND 43 37 6/54 LICENCES UNDER WATER ENACTMENT ( * * ) 44 38 7/54 PRODUCTION OF MEMORANDUM AND 45 ARTICLES OF ASSOCIATION OF A COMPANY 39 8/54 CUSTODY OF DOCUMENTS PRESENTED 46 PENDING REGISTRATION 40 9/54 CANCELLATION EXPRESS CONDITIONS 47 IMPOSED IN ERROR 41 10/54 ALIENATION ON GRANT OR LEASE ~ ( X X ) 49 REQUISITIONS FOR TITLE 42 11/54 REMISSION OF LAND RENT (EMERGENCY ( X X ) 50 ARREARS) PROCEDURE 43 12/54 APPLICATION FOR CORRECTION OR CHANGE NAME 53

KANDUNGAN BIL. BIL.PEK. TAJUK SYOR M.SURAT 44 13/54 LEGAL NOTIFICATION – DESCRIPTION 56 OF LAND 45 14/54 DIVIDING & COMBINING LAND PROCEDURE ( X X ) 58

46 15/54 LEGAL NOTIFICATION ~ CITATION OF 64 APPOINTMENTS

47 16/54 LAND ACQUISITION ~POSSESSION AND ( X X ) 65

VESTING OF LAND ACQUIRED

48 17/54 FORM OF CHARGE ~ GOVERNMENT LOANS TO OFFICERS 68

49 18/54 LAND ACQUISITION ~ POSITION OF PROPRIETOR OF ( X X ) 71

LAND BEING ACQUIRED 50 19/54 PROSPECTING APPLICATIONS AND ( XX ) 74 SECURITY PROCEDURE 51 1/55 LAND REVENUE SALES ~ ANNULMENT ( X X ) 76 52 2/55 SMALL ESTATE DISTRIBUTION SUITS ~ NOTICE FEES 77 53 3/55 LAND REVENUE SALES – DEFAULT IN PAYMENT ( X X ) 78 BY AUCTION PURCHASER 54 4/55 USE OF LAND FOR GOVERNMENT ( XX ) 79

PURPOSES 55 5/55 REGISTRATION – LOSS OF TITLES (SECTION 18, 80 LAND ENACTMENT) 56 6/55 LAND REVENUE SALES – REVERSION TO RULER ( X X ) 83 ON SALE 57 7/55 LAND USE CONTROL – CONDITION OF 84 TITLE FOR E.M.R. 58 8/55 ACQUISITION ~ AWARDS AND REFERENCES TO ( X X ) 86 COURT 59 9/55 PROPRIETARY MINING LICENCES PROCEDURE ( * * ) 90 60 10/55 CORRECTION OF NAMES IN MUKIM REGISTER 91 61 11/55 LICENSING ~ WATERS ENACTMENT ( XX ) 92 JETTIES WITHIN PORT LIMITS 62 1/56 TERMS OF ALIENATION~CINEMA SITES 93 63 2/56 REGISTRATION ~POWERS OF ATTORNEY 95

KANDUNGAN BIL. BIL.PEK. TAJUK SYOR M.SURAT 64 3/56 LAND REVENUE SALES ~ SURPLUS ( X X ) 96 65 4/56 LAND RENT REMISSION (EMERGENCY AREAS) ( X X ) 97 ARREARS PRIOR TO REMISSION 66 5/56 LAND RENT REMISSION (EMERGENCY AREAS) ( X X ) 98 MINING RENT

67 6/56 USED OF LAND FOR GOVERNMENT ( X X ) 99

PURPOSES ~ TEMPORARY OCCUPATION

UNDER STATUTORY POWERS 68 7/56 REGISTRATION ~ MINORS 108 69 8/56 VALUATION – STAMP DUTY 110 70 9/56 MALAY RESERVATION ~ RACIAL QUALIFICATION. ( <> ) 113 71 10/56 RIGHT OF WAY ~ SEC.6 L.E. ( X X ) 114 72 11/56 PROSECUTION FOR ILLEGAL OCCUPATION 116 OF STATE LAND 73 1/57 CHARGES OF LAND TO SECURE OVERDRAFTS 118 74 2/57 EXTRACTION OF TIMBER FROM LAND BEFORE ( X X ) 119 ALIENATION 75 3/57 RE-ORGANISATION OF LAND ADMINISTRATION 121 IMPLEMENTATION OF “FELTEAD RECOMMENDATIONS” 76 1/58 REVISION OF RENT ON DECLARATION OF ( X X ) 124 A TOWN SHIP 77 2/58 DEPOSIT ON APPLICATION FOR ( * * ) 125 PROSPECTING PERMITS 78 1/59 RESTRICTIONS ON THE PLANTING OF RUBBER 126 79 2/59 R/S FOR AREAS COVERED BY TOWN PLANNER’S ( X X ) 127 LAYOUT 80 3/59 PAYMENTS OF COMPENSATION ON 128 BEHALF OF C.E.B. 81 4/59 APPLICATIONS FOR STATE LAND CONTAINING ( X X ) 129 RUBBER 82 5/59 LAND DEVELOPED UNDER THE RUBBER 130 INDUSTRY (SMALLHOLDERS NEW PLANTING) SCHEME,1957 83 1/60 SURVEY PRIORITIES ( XX ) 132

KANDUNGAN BIL. BIL.PEK. TAJUK SYOR M.SURAT 84 2/60 SUBDIVISION WITHIN TOWNBOARD AREAS ( X X ) 134 85 3/60 ACCESS RESERVES ON SUBDIVISION LAND 135 86 4/60 GROUP SETTLEMENT AREAS ~ ( <> ) 136 CONSOLIDATED ANNUAL CHARGE 87 5/60 LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960 ( <> ) 137 88 1/61 LAND (GROUP SETTLEMENT AREAS) ACT, 1960 138 CONSOLIDATED ANNUAL CHARGE – MALAY RESERVATIONS 89 2/61 ACCESS RESERVES ON SUBDIVIDED LAND ( X X ) 139 90 3/61 NOTICES UNDER SECTION 4 OF LAND ( <> ) 140 ACQUISITION ACT, 1960 91 4/61 T.O.Ls FOR STREET STALLS ( X X ) 142 92 5/61 POSSESION OF PREMISES ON ( <> ) 143 ACQUIRED LAND 93 6/61 COLLECTION OF CONSOLIDATED ANNUAL ( <> ) 144 CHARGE IN GROUP SETTLEMENT AREAS 94 1/62 ASSIGNMENT OF RIGHTS - ( <> ) 146

F.L.D.A. SCHEMES

95 2/62 MALAY RESERVATION ~ ENDORSEMENT OF TITLE ( X X ) 147

96 1/63 ENQUIRY AND AWARD OF COMPENSATION ( * * ) 148

97 2/63 TITLE FEES CHARGEABLE ON SUBDIVISION ( X X ) 150 REGISTRY TITLES 98 3/63 SUBDIVISIONS ~ SURRENDER OF ACCESS RESERVES ( X X ) 151 99 1/64 SURVEY FOR MINING CERTIFICATES ( <> ) 152

PERHATIAN KEPADA SIMBOL-SIMBOL

1. ( * * ) BAGI DIKEKALKAN

2. ( X X ) BAGI DIMANSUHKAN

3. ( <> ) BAGI DIUBAHSUAI

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Ref : No. 29 in CL & M 218 / 46

C.L. & M CIRCULAR NO. 1 of 1947 ( X X )

REBATES OF RENT Collectors are informed that the following procedure regarding rebates of rent on country lands exceeding ten acres in area should be adopted with effect from 1.1.47 :- A. LAND CONTAINING RUBBER DESTROYED BY JAPANESE INTRUCTIONS OR OWING TO

CIRCUMTANCES ARISING OUT OF ENEMY OCCUPATION

( i ) if replanted with rubber, rebate of rent may be granted so as to reduce the annual rent to $1 per acre for the first 6 years after such replanting has taken place.

( ii ) If neither replanted with rubber nor planted with an approved

agricultural product, rent may be reduced to the amount payable per acre inrespect of 1942 if the title is one with a progressive rent [ L.R. 13 Table IB ( ii ) ] : if the title is not one with a progressive rent, then no rebate is allowable.

( iii ) If planted with an approved agricultural foodcrop, rebate may allowed

inaccordance with C below ( only for padi ) B. “JUNGLE RESERVE” The rubber Regulation Enactment ( Johore No. 1 of 1937 ) is still in force and areas which have not carried rubber plants since 7.5.34 cannot be “new planted” . Certain estates were granted rent concessions on this score prewar and these concessions – and these alone are being continued as long as new planted is restricted. C LAND PLANTED WITH AN APPORED AGRICULTURAL PRODUCT :

( I ) The approved agricultural product and the rent per acre per annum after rebate has been granted are as follows:-

( a ) coconuts and arecanuts ………….$2.00 ) discontinued ) ( b ) maize, ragi, groundnuts, beans, ) w.e.f. 1.1.50 Peas, sweet potatoes, tapioca, ) see 1/49 Green vegetables, coffe …………..$1.00 ) ( c ) Padi ………………………………. 60 cts.

( ii ) To qualify for rebate the land must have been planted by the 1st. June

D ESTATE LABOURERS SETTLEMENTS :

The provisions of CL & M Circular 8 / 39 will continue in force but para ( 1 ) should be amended by substituting “the 1st day of June” for the “ 1st day of April.”

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2. All application must be received in the office of the Collector before the 1st June.

3. Collectors should forward to the Senior Officer, Lands & Mines with their recommendations all applications which comply with these condition. The Senior Officer Land & Mines has full authority to approve or disallow claims.

4. In forwarding applications for consideration, Collectors should report the date

on which they were received and attach a report on the condition of the cultivation of the areas in respect of which rebate is claimed, and, in cases where a portion only of a holding is entitled to rebate, a plan showing this area should also be forwarded.

Sgd. Dato Awang Bin Omar SENIOR OFFICER LANDS & MINES, JOHORE. Johore Bahru, 5th. February 1947 To ALL CLRS Dy. R.C. ( West ) at Batu Pahat S.R.C. Johore Dy. R.C. ( Central ) at Kluang State Agric. Officer J.B. & Senior Asst. Auditor J.B. Previous Circular on Rebate are : 6 / 35 , 12 / 40, 3 / 40

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Ref : No. ( 27 ) in. CLM. 21 4/46

C.L. & M. CIRCULAR NO. 2 of 1947 ( X X )

PAYMENT OF LAND RENT BY INSTALMENTS

Enactment 124 ( Land Rents ) is being brought back into operation with effect from 1.1.47. Collectors will be authorized under Section 3 ( I ) to accept payment by installment of land rent due in respect of the year 1947 in all cases where the aggregate rent due is $100 or over. It will not be possible to aggregate rent on Titles situated in different Mukim, still outstanding arrears of the 1946 rents. 2. An Installment register, and an Installment Rent Roll in the form attached should be kept. These form are based on a half and full sheet respectively of a Mukim Rent Roll, taken lengthways. 3. Applications for the privilege of payment by installments should be made not later than the 30th April, and the application must be accompanied by complete lists of titles. The necessary particulars should then be entered in the Mukim Rent Roll in the column provided for date of receipt. 4. In the Installment Rent Roll separate pages should be kept for each Mukim, and the first three column will be entered from the Installment Register. The amount of the installment to be entered in the 4th column will be ¼th of the total amount due ; calculations will be rounded off to the next 10 cents, and difference, up or down, being adjusted on the final installment. The final installment if different should be shown also in the 4th column e.g. $22-00 / $21-60. As each payment is made it will be entered in the appropriate column. Individual Titles will not be shown in the receipt, all that will be required will be the Mukim and Installment Register serial number. 5. The first installment must be paid before the end of May, and succeeding installments by the end of July, September and November respectively. March, May, July, September ( vide 138 in CLM. 214 / 46 ). 6. By virtue of Section 3 ( I ) of the Enactment the Resident Commissioner has ruled that no arrears *fees will be charged until a Notice of Sale under Section 88 of the land Enactment has issued, and that no such notice shall be issued provided installment are paid within the stipulated date. Upon the failure to pay any installment within the stipulated date the whole balance due becomes an arrear entailing action by the Collectors to issue Notice of sale. In such cases the Installment privilege will normally be forfeited, but Collectors may exercise their discretion upon this point, provided that sufficient installments are paid to bring the total to the proper figure. Reinstatement in the Installment Register, after Notice of sale has issued, does NOT authorize the remission of arrears fees. These should be calculated on the aggregate unpaid and not on individual titles, and the necessary entry made in the relevant column of the Installment Rent Roll.

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7. A separate Cash Book should be kept for payment by installment. On receipt of the final installment the total rent collected on each title should be entered in the Mikuni Rent Roll. Installment must not be placed on Deposit but must be paid to Revenue.

Sgd : Dato Awang Bin Omar SENIOR OFFICER LANDS & MINES, JOHOR.

Johore Bahru, 11th February 1947 *See also Circ, 8 / 35

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Ref : No. ( 4 ) in CLM. 569 / 49

C. L . & M. CIRCULAR NO. 1 OF 1949 ( X X )

REBATE OF RENT – DISCONTINUANCE OF. With effect from 1.1.1950 no rebate will be allowed under Land Rule 13 Table 1 B ( ii ) on land which exceed 10 acres in area cultivated with coconuts or arecanuts or any of the other approved agricultural products except padi. The following are the other approved agricultural product : - Maize Ragi Ground nuts Beans Peas Sweet potatoes Tapioca Green Vegetables Coffee Padi J. S. H. Cunyngham – Brown , MCS . , COMMISIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 19th November 1949

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Ref. No. 3 in CLM. 114/50

C . L . & M . CIRCULAR NO. 1 OF 1950 ( X X )

CAVEATS UNDER SECTION 11 (1) OF DEBTOR AND CREDITOR ( O. P. ) ORDINANCE 42/48

Section 11 ( 9 ) of the debtor and creditor ( Occupation Period ) ordinance 42 / 48 defines a „a bona fide purchaser or chargee‟ as a purchaser or chargee who has obtain title otherwise than by fraud. An unregistered Agreement of Sale supported by a Power Of Attorney should not be regarded as a „title‟ for the purposes of that definition. Hence, for instance, a caveat under section 11 (1) of that ordinance against immoveable property subject to a pre-occupation charge (discharge during the occupation) which is sought to revive may, even though it is claimed that after its discharge or purported discharge such property has been transferred by virtue of an unregistered Agreement of Sale and Power of Attorney, be accepted. But please note that the holder of such an Agreement of Sale and Power of Attorney would also be entitled to present a caveat.

Sgd. J . S . H . Cunyngham-Brown, MCS.,

COMMISSIONER OF LANDS AND MINES, JOHORE.

Johore Bahru, 13th. February, 1950

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Ref : No. (4) in CLM. 494 / 49

C. L. & M. CIRCULAR NO. 2 of 1950

SETTLEMENT OF LARGE LOTS FOR GRANTS OR LEASE

I. L. O. 29 is hereby amended by the addition, immediately after the letter “C” on page 9, of the following words, The necessity or otherwise of settlement after survey is in the discreation of the Collector in respect of all areas other than those held on E. M. R. or those whose survey results from sub-division. J. S. H. Cunyngham – Brown , MCS . , COMMISIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 13th February 1950

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C.L.&M. CIRCULAR NO. 3 of 1950

CONTROL OF CULTIVATION

OF TAPIOCA

Dibatalkan. Rujuk kepada Pekeliling 7/55

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Ref : CLM. 614/50 C.L.&M. CIRCULAR NO. 4 of 1950

NOTICE OF FORFEITURE AND RE-ENTRY ABDOMENT.

(SECTION 41, LAND ENACTMENT)

Schedule G is a Notice warning the owner that the land will be forfeited unless he) complies with one or the other of the two conditions imposed upon him by the ) notice. ) 2. A copy of the notice shall be served on the proper registering authority who will make a pencil note on the register. An Abstrect of Title supplied while the land is under such notice must be endorsed “subject to forfeited proceedings, Section 41”. 3. On the expiration of three months from the service of notice on the form of Schedule G the collector will cause the land to be inspected and will ascertain whether the propreitor has made a bona fide commencement to cultivate it or not. 4. If the Collector finds that a bona fide commencement to cultivate has been made, he will forthwith discontinue forfeited proceedings. 5. If he finds that a bona fide commencement to cultivate has not been made he will, on the expiration of three months from I date of the notice, refer to the Commissioner for permission to re-enter. 6. If the Alineated claims that he has not abandoned the land, the Collector ) will forward the statement of the proprietor, together with his own report, to the ) Commissioner for Submission to his Highness the sultan in Council. ) 7. If it is decided by his Highness in Council that the land should not be forfeited, this office will so inform the Collector, whose duty it then is to notify the owner accordingly. 8. If it is decided that forfeiture shall be completed the attched notice will be served in the manner prescribed in Land Rule 20, published in the Gazette, and posted on the land. A copy must be served on the proper registering authority who will cancel the register copy and initiate action to recover the issue copy of the document of title for distruction. 9. C.L.&M. Circular No.5 of 1939 is hereby cancel.

J.S.H. Cunyngham-Brown, MCS., COMMISSIONER OF LANDS AND MINES,

JOHORE.

Johor Bahru, 15th October, 1950. See CLM.495/50 for the history of this.

Schedule G must be gezetted as well.

No need to refer to Exco if CLM agrees to drop proseedings.

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C. L. & M. CIRCULAR NO. 1 of 1951

SOIL EROSION CONDITION UPON ALL FUTURES E.M.Rs

Dibatalkan. Rujuk kepada Pekeliling 7/55

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Ref : No. 16 in CLM. 45. / 33

C. L. & M. CIRCULAR NO. 2 of 1951 ( <> )

BACK RENTS

After considerable discussion with the Legal Adviser, it has been decide that the present system of charging back rents on an alienation of land which has been illegally occupied prior to application is incorrect. 2. It is not suggested that applicants in these cases should not be made it pay some penalty, but it is considerable that this penalty should take the form of enhanced premium rather than a charge of rent for land which had not been alienated during the years for which it is charged and which is open to obvious objections. 3. In future , therefore , when making recommendations for alienation of land which has been in illegal or unauthorized occupation premium should be assessed according to the normal rules with an enhancement in respect of the rent for the years of illegal occupation. In practice the total amount to be paid will probably be the same, but the objection is to the charging of back rent as such. Back rent should be include in the total premium assessed. C. L. & M. Circular No. 21 of 1934 is hereby cancelled.

D. A. Someville, MCS., Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 8th August 1951

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Ref : No. 2 in CLM. 578 / 51

C.L. & M. CIRCULAR NO. 3 of 1951

REVENUE DERIVED FROM LICENCES FOR TEMPORARY OCCUPATION OF STATELAND FOR WAYANG. ETC.

The Senoir Auditor has brought to my attention certain discrepancies in the practice in various districts for crediting revenue deriver from Licences for temporary occupation of State land for wayang, show, Fruitstall etc 2. In all cases where such Licences are issued they should be in the normal form provided for Temporaray Occupation Licences and the proceeds should be credited to revenue under the following heads:- Class I - Duties, Taxes and Licences. Head 3 - lands and Mines Sub-Head 5 - Lands Rents ( Under Annual Licences ) 3. It is understood that in one district the revenue has been credited under Class IV, Head 8, Sub-Head 78. This is obviously incorrect and in future all revenue should be credited as in paragraph 2 above.


Johore Bahru , 23rd August 1951

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Ref : CLM. 572 / 49 C.L. & M. CIRCULAR NO. 4 of 1951

REVISION OF RENTS

At the meeting of Executive Council on 28th August 1951 the proposal for the revision of rent put up by the Land Policy Committee were approved. This approval is subject to the agreement of the Council of State which is meeting on 26th. September, but in order togive Land Offices as much time as possible for the preparation of their books it has been agreed that machinery for arranging for the charging of new rents with effect from the 1st of January 1952 should be put in motion as soon as possible. 2. The revision approved is as follows: ( A ) For Country Land the standard rent on all Land ( except that planted with padi, nipa and rumbia ) should be $6.00 per acre.

( B ) With regard to Town and VillageLand the approved recommendation are as follows:-

( I ) BuildingLand in Towns or villages $5/- per annum for 1,000 square feet or part thereof ( ii ) TownLand&15.00 per acre per annum ( iii ) VillageLand $10.00 per acre per annum. 3. This revision of rent affect all land alienated after the 9TH September 1916. vide Gazette Notification No. 95 of 1916 with is reprinted in the front of the book of Land Rules( 1939 edition ) 4. There are two circulars from the Commissioner of Lands, Federation of Malaya, viz., C.L. Circulars 7 and 13 of 1951, which deal with the procedure for implementing this revision. 5. As regards Mukim Registers the procedure is fairly straight forward. A memorial will have to be entered against all title of Mukim Register which are liable to the revision, that is to say, all land alienated after 9th of September, 1916. Care should be taken to see that titles registered after this date are not in fact in continuation of titles registered after this date , If they are in continuation, the revision does not take effect as the original alienated took place before it. The date of alienation will be taken to be the date of registration of the title - not the date of issue of the title. 6. Rent on Approved Occupation should also be revised according to the new scale: also rent on Surat Sementara*, but if there are any Surat Sementara issued before the 9th September of 1916 reference should be made to this office before revision takes place. 7. It is suggested that Collectors should start as soon as possible to write up their new rent rolls in order that they

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*Note:- Rents are reviseable on all existing S.S. . If A S.S. was converted into an EMR or other title before 10.9.1916 the rent on such EMR or other title would not be reviseable.

( Ref: 11 in CLM. 7546/51 ) may be ready for collection of rents at the rates at the beginning of 1952. In the case of each entry comparison must be made with either th Titles Index ( in the case of Grants and leases ) or the Mukim Register to ensure that the title concerned was not issued before th 9th of September 1916 or was not issued in continuation of a title so issued. The opportunity should also be taken of checking that the names in the rent rolls are those of the present registered owners. It is believed that in some offices liaison between the registration branch and the revenue branch is not as close as it should be with the result that the latter is not always informed by the former of changes of ownership. 8. As far as title registered in this office are concerned , alteration will be made in the register documents of title filed here, and lists of mutations will be sent to district in thr ordinary way; but Collectord should also check their Index of Title with the rent rools not later than the end of November and again in the middle of December to make sure that alterations have been made. 9. Rubber stamps should be prepaid reading: “In accordance with section 4 of the Land Enactmen ( No. 1 of Laws of Johore ) rent on the landheld under this totle has been revised by the Ruler in Council to the sum $ . . . . . . . . . . . . and cents . . . . . . . . . . . . . ( Dollars .. . . . . .. . . . . . . . . . . . and cents . . . . . . . . . . . . . . . . . . . . )with effect from 1st January 1952. Collector of Land Revenue, ………….…………………………… 10. It is appreciated that this revision will throw a great deal of work on all Land Offices at a time when they are already exceedingly busy, but it is important that the rent rolls should be ready for collection of rent at the new rates by the end of this year; otherwise we may find that the public are coming forward in January to pay rents and we are not in a position ta charge them the full amount which is then due. 11. As regards the Commissioner of Lands Circular No.13 of 1951, I proposed as mentioned above to follow the procedure laid down under paragraph 6 thereof, in other words the initial work will be done in this office and records of mutations will be sent o the districts for the correction of their Titles Index and their rent rolls. 12. As regards the insertion of the appropriate memorial on issue documents of title, it is considered that this may be done gradually as documents of title are broughr in to the office for payments of rent or for transactions. If we are to call in all documents of title by notice, this would involve a vast amount of work and would overload the Lad Offices and lead to great delays in returning the documents of title. It should be possible, say, in a year‟s time for us to

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compile lists of document of title on which appropriate entries have not yet been made and they can then be called in. It might also be advisable in the lattern part of 1952 to issue warnings through Penghulus and the Public Relations service to the public to bring in their titles for the necessary entry to be made.


Johore Bahru , 10rd September 1951

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Ref: CLM. 349/49


RESCISSION OF EXPRESS CONDITION PROHIBITING THE PLANTING OF RUBBER

At a meeting of The Land Policy Committee held on 14th August 1951 the policy regarding the rescission of express conditions on titles prohibiting the planting rubber was discussed. The opinion of the I was that the rubber plented between 1942 and the end of 1949 contrary to an express condition should be permitted to remain provided that due application for rescission of the express condition had been received. This permission would of course be subject to the increase of rent and payment of an increased premium. 2. It was also considered that applications in respect of rubber planted after 1949 should be refused and that normal procedure under section 5 of The Land Enactment should be followed in this cases. 3. In all cases where recession is approved a special condition should be imposed insisting on budgrafting of the rubber or planting clonal seedlings in respect of any further planting wherever in the opinion of the Agricultural Department this can be done. 4. This policy now has been approved by Executive Council and should be followed in making recommendations in future.

Sgd: ( D.A. Somerville, MSC.) Ag. COMMISSIONER OF LAND AND MINES,

JOHORE. Johore Bahru, 15th September, 1951.

See further in (2) in CLM. 390/52.

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Ref. CLM. 417/50

C.L.&M CIRCULAR NO. 6 of 1951

CUSTODY OF MUKIM REGISTERS IN SUB-DISTRICTS I have been considering for sometime and have also discussed with the State Secretary and with several Collectors of Land Revenue the question of transfer of Mukim Registers from Dictrict Headquaters to the newly constituted Sub-District offices. 2. I consider that this transfer should not take place at present, and possibly should not take place in the future. The reasons for my decision are that I consider it most important that the time of A.D.Os incharge of Sub-districts should be taken up as little as possible with routine duties as the whole object of constituting a Sub-district is that they should spend the greater part of their time in keeping close contect with the people in the kampongs. If the A.D.Os has to be incharge of registration and of Mukim Register in addition to other routine duties which are an unavoidable, it will mean that he is far too tied to his office. Further more it is unlikely that enough sufficiently trained clerks will be available in Sub-district offices to maintain registration in a proper manner which is after all a partly specialised duty. 3. I do not think that the retention of Mukim Registers in Headquaters stations will involce in any very great hardship to the public as they will be able to have transfers and other documents witnessed by the A.D.Os in the Sub-district and there will be no need for the parties to attened the District Office as once the documents have been witnessed and stamped they can be forwarded by post as is done at present with documents for registration in this office. 4. Another advantage of not sending Mukim Registers to Sub-districts is that it will not be necessary to install the elaborate strong room accommodation which would be necessary if they were to be held in the Sub-districts. 5. Rent Rools will ofcourse have to be kept in Sub-districts but it is suggested that expired Rent Rolls, i.e. Rent Rolls from fomer years should be returned to the Headquaters office for retention there in case the current Rent Roll is destroyed as there will be then some indication of arrears of rent due.

Sgd: (D.A. Somerville, MCS.), Ag. COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 3rd October, 1951.

18

Ref: No. 81 in CLM. 572/49


REVISION OF RENTS Further to my C.L.&M. Circular No. 4 of 1951 Collectors will be aware that the revision of rents suggested in that Circular has been approved by Council of State and will take effecet from the 1st of January 1952. 2. There are one or two points in Circular No. 4 which apparently were not made sufficiently clear. 3. As regards land in Malay Reservations it was not the intention of Government to alter the existing provision of Land Rule 13 Table I B (vii) which reads: “The premium and annual rent on lands not exceeding ten acres in area situate within a Malay Reservation shall ordinarily be one half of the amounts which would be charge in respect of lands not situate”. It is my impression that in some cases alienated land which has been included ia a Malay Reservation subsequent to alienated is still paying full rates of ent on all land in malay Reservation to $3.00 per acre except in the case of lands planted with padi, nipa and rumbia. This does not of course apply to lands over 10 acres in area. 4. Supplementary provision is being approved for the engagement of extra temporary clerks to help with writing up the registers and rent rolls. Collectors should start looking round for suitable candidates for these appointments which it is hoped will be approved in the very ner future. I would suggest that in many cases it may be easier to obtain women for these jobs, and in my experience for purely routine work of this type women are often more satisfactory as well as cheaper than men. 5. The existing concession whereby rent on land newly alienated is $1.00 per acre per annum for the first six years will be continued but of course the rent after six years will be at the rate of $6.00 per acre per annum and not as at present.


JOHORE. Johore Bahru, 22rd October, 1951. Note : Rent should not be revised downwords, Except in the case of land planted with Padi, nipah or rumbia. - see 8 and 32 in CLM. 243/52

19

Ref: No. 3 in CLM. 715/51


SERVICE OF NOTICE OF SALE FOR ARREARS OF RENT

It has come to my notice during inspection of Land Offices in the State that a number of Collector and Assistant collectors are not entirely clear in their minds regarding the procedure for sale of land for arrears of rent. 2. Section 88 of the Land Enactment lays down quite clearly that it is not obtain proof of service of notices of sale before the Collectors can proceed to sell land under section 91. All that section 88( i ) requires is that the Collectors shall, subject to the provisions of of sub-section ( ii ), use reasonable diligence in causing to be served on the proprietor of the land affected a notice of sale in the prescribed form, and sub-section ( iii ) covers the Collectors in any case where he sells the land without proper service of notice. 3. In my opinion reasonable diligence means that is the service of the notice cannot be effected on the proprietor himself or a member of his family as laid down in the Land Rule 20, then the procedure for subtitude service laid down in Rule 22 should be followed. Paragraph 49 of I.L.O has bearing, but failure to serve as instructed will not invalidate a sale. 4. The provisos in section 88 ( ii ) are important, viz., that no notice of sale need be served on any proprietor who is not resident in the district or in cases where the proprietor is dead or cannot be found in the district. 5. Collectors should bear in mind that it is exactly these people who are difficult to find or on whom it is difficult to serve notices who are the very people whom we wish to get at. In many cases they are absentees and also in many cases it would be found that the land has been abandoned and it is most desirable that it should be sold or should revert to the State. 6. In real cases where hardship is proved the land owner has his redress through section 104 ( d ) or section 105, but in my experience these occasions are very rare and Collectors should not be discouraged from carrying out their principal duty, which is after all the collection of land revenue, by fear of the possibility that their actions will be called into question either in Court or by His Highness in Council, provide they have used reasonable diligence which is a question of fact, in which case it is most unlikely that there will be any reversal of their decision and any case where hardship is proved and it is decided to reverse the decision there will be no reflection on the Collectors themselves. 7. C.L. & M. Circular No.1 of 1941 is hereby cancelled


JOHORE. Johore Bahru, 12rd November, 1951.

20

Ref: No.1 in CLM. 818/51

C.L.&M. CIRCULAR No.9 of 1951

CANCELLATION OF OBSOLETE C.L. & M. CIRCULARS

Please note that the following C.L. & M. Circulars which have not yet been cancelled are hereby cancelled with effect from the date of this circular:- No. 2 of 1934 No. 25 of 1935 No. 2 of 1936 No.7 of 1936 No. 1 of 1940 No. 19 of 1940 2. It has come to my notice that on several occasion Collectors and Asssitant Collectors are not sufficiently familiar with the C.L. & M Circular still in force. It is essential that all Collectors and Assistant Collectors should be fully aware of the circulars and should follow them thus avoiding a considerable amount of unnecessary correspondence. 3. It is hoped that when the revised edition of the Land Rule has been approved and published it will be possible to produce a new set of C.L. & M. Circulars embodying those which are still in force.


JOHORE. Johore Bahru, 24rd November, 1951.

21


C.L.&M. CIRCULAR No.1 of 1952

Leases for Petrol Station The Ruler in Council has approved the following terms for leases for petrol station :-

(i) Premium at not less than RM100/= (ii) Rent at not less than RM120/= per anum.

(iii) Period :- Depending on the merit of each case.

2. C.L.&M. Circular No. 14 of 1938 is hereby cancelled.

Sgd: (J.K. Creer) Ag. COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 15th January, 1952.

22

Ref: No. 3 in CLM.99/52

C.L.&M. CIRCULAR No. 2 of 1952

CERTIFIED COPIES OF TITLES The practice of issuing Certificates of Titles in replecment of other forms of title under Section 18 of the Land Enactment is illegal and will case forthwith. In future, where the original title was a Grant, a Certified copy of the Grant will be issued and similarly with Malay Grants and Certificates of Title. 2. Certain cases falling under Section 18(ii) can also be dealt under Section 63 A (i) and should normally be dealt with under the letter section as the preparation of a certified copy of a title normally involves work more than the issue of a Certificate of Title. Moreover there is normally more room for memorials on the new Certificate of Title than on the former title.

Sgd: (J.K.Greer) Ag. COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 11ht February, 1952.

23

Ref: No. 4 CLM. 826/51


APPLICATION FOR LAND When reporting on applications for land for decision by me or submission to the Ruler in Council Collectors should give particulars of land already owned by the applicant. They should state the total acreage owned by the applicant and the extent to which the land has been developed.


JOHORE. Johore Bahru, 16th March, 1952.

Copy to – Chief Surveyor.

24

Ref: No. 10 in CLM. 203/49


TOWN AND VILLAGE LANDS AND TOWN BOARD AREAS

It is clear that in more then one Land Office the difference between a Town Board Area and a Town or Village Area under the Land Enactmment is not understood. 2. Under Section 14 of the Land Enactment the Sultan in Council may by notification in the Gazette declare any defined area within the State to be a township or village. Under Section 3 of the Town Boards Enactment he may by notification in the Gazette declare any area within the State to be a Town Board area. It may happen that a particular township or village will have the same boundries as a particular Town Board area. 3. Collectors should see that A.C.L.Rs and the whole of the Land Office staff understand the difference between township and villages on the one hand and Town Board areas on the other hand that they know on the Land Office sheets and on the ground roughly where the difference lies.


JOHORE. Johore Bahru, 26th March, 1952. Copy to – Chief Surveyor, Johore.

25



LAND ACQUISITION A case come to light in which a notice of acquisition was served on the owner of the land but not on the chargee. It is more important that notices should be served on all persons having interest in the land to be acquired.

Sgd: (J.K. Creer) COMMISSIONER OF LANDS AND MINES,

JOHORE . Johore Bahru, 24th May, 1952.

26

Ref : No. 2 in CLM. 404 / 52

C.L. & M. CIRCULAR NO. 6 of 1952 ( X X )

RESERVATION OF LAND FOR A PUBLIC PURPOSE FORM OF GAZZETE NOTIFICATION

The following form should be used by Collectors when preparing notifications for gazetting the reservation of land for a public purpose under section 10 of the Land Enactment :

THE LAND ENACTMENT ( NO. 1 )

RESERVATION OF LAND FOR A PUBLIC PURPOSE

No. ......... In exercise of the powers conferred upon him by section 10 of the Land Enactment, the Commissioner of Lands and Mines hereby declares I the parcel of land situated in the ...... * ........ of .............. described in the Schedule hereto, + ( and 26 elineated upon plan No. ................. deposited in the Survey Office, Johore Bahru ) is reserved for a public purpose, to wit, ..................... @ ................. to be maintained by ..................... # ...................... and his successors in office.

SCHEDULE District ........................... Mukim/Township/Village ........................... Lot No. ........................... Area ........................... Dated at Johore Bahru, this ......... day of ................. 19 ........ Commisioner of Lands and Mines, Johore. CLM ................... CLR ................... + Cancelled vide CLM. 174 / 54.

* Insert Mukim,Township or Village as the case may be @ Insert description of the „ public purpose‟ vide Sec. 2 L . E . # Insert designation of the officer in charge of the land.The head of the Dept. for the state should be given, e. g.the State Engineer, or, President Religious Affairs, etc. ( NOT, the Senior Executive Engineer, or, the Kathi, etc. )

2. When forwarding the draft Gazette Notification the Collector should also send me a

tracing or sun-print showing the surveyed lot which is to be reserved

27

3. C. L. & M. Circulars 13 and 32 of 1935 are hereby cancelled and the form in I.L.O. 36 ( iv ) is hereby amended.

Sgd : ( J.K. Creer ) COMMISIONER OF LANDS & MINES, JOHORE

Johor Bahru, 28th June, 1952

See Circular 13 / 54

Copy to Chief Surveyor.

28

Ref : No. 1 in CLM. 441/52

C.L. & M CIRCULAR No.7 of 1952

LAND ACQUISITION

It appears that Collectors in determining the amount of compensation to be awarded for

a land acquired under the Land Acquisition Enactment, have not been taking into consideration

Section 29 ( 1 ) ( b ) of the Enactment.

Example 1

The Government Acquires land for an access road to a Government building. The access

value road is likely to increase the value of the unacquired parts of the lots through which it

runs. This increase in value should be calculated under Section 29 (1) (b) and deducted from

the amount of compensation awarded the other provisions of Section 29.

Example 2

Land is acquired for a drainage channel. In some cases only a small part of a lot is acquired and

the remaining part of the lot is likely to increase in value from the construction of the drainage

channel. This increase in value should be calculated and deducted from the compensation

awarded under the other provision of Section 29. In this case it is likely that other people none

of whose land is acquired will also benefit, but that is not a reason for disregarding the

provision of law set out in Section 29(I)(b)

Sgd : ( J.K Creer)

COMMISSIONER OF LANDS & MINES JOHORE.

Johore Bahru 9th July 1952

29

Ref : No. 1 in CLM. 402/49

C.L. & M CIRCULAR No.8 of 1952

WIDTH OF SHOP ABUTTING ON STREETS

Town Board By-Law 97 Requires that every person who erects building which abuts on any street shall provide a verandah-way or an uncovered food way not less than 7 feet wide. This should not be over looked in preparing layouts an requisition for survey.

Sgd : ( J.K Creer)

COMMISSIONER OF LANDS & MINES JOHORE.

Johore Bahru 12th August, 1952

30

Ref . No . 2 in CLM . 722 / 52

C . L . & M . CIRCULAR NO. 9 OF 1952. ( X X )

PUBLIC NOTICES OF SALES SECTION 89, LAND ENACTMENT

In notices under section 89 when there are arrears for more than one year the figure under the heading „Amount of Rent‟ should be the total of all arrears of rent – not the annual rent.

Sgd; ( J. K. Creer ) COMMISSIONER OF LANDS AND MINES,

JOHORE, Johore Bahru, 15th. November, 1952. Copy to- C.S. L.A.

31

Ref : No. 2 in CLM. 742 / 52

C.L. & M. CIRCULAR No. 10 of 1952 ( X X )

PROCEDURE FOR ISSUE OF LICENSES UNDER RULE 21 FOR REMOVAL OF ARTICLES SPECIFIED IN

SECTION 19 ( xi ) OF LAND ENACTMENT FROM RAILWAY RESERVES

Collectors of Land Revenue are advised that on the receipt of applications for licences to remove articles specified in Section 19 ( xi ) of the Land Enactment from Railway Reserves they should ascertain from the Chief Engineer, Way & Works, Malayan Railway, wether the Railway has any objection to their issue under land Rule 21 and wether the Railway requires any special condition to be inserted in the licence. Collectors should only issue licences if there are no objections by the Malayan Railway and subject to such special conditions as may be stipulated by the Railway. The Railway should be informed of the issue of licences and consulted again in the same way before renewals. 2. Fees paid for licences under Land Rule 21 over Railway Reserved should be paid into

State Revenue. 3. Collectors should note that the Malayan Railway may require the holder of a licence

under Land Rule 21 to take out a Lease or Temporary Occupation Licence for Railway Reserves, such Lease or Temporary Occupation Licence will be issued by the Railway who will retain the revenue therefrom.

4. Licences under Land Rule 9 may note be issued over Railway Reserved. Sgd : ( J. K. Creer ) COMMISIONER OF LANDS & MINES JOHORE Johor Bahru, 2nd December 1952 Copy to - Commr. Of Lands, F. of M. ( Ref : 8 in CLF. 30 / 51 )

Chief Surveyor, Johore

32

Ref No.8 in CLM. 505/52

C.L. &M CIRCULAR NO.1 of 1953 (XX)

PROCEDURE UNDER THE LAND ACQUISITION

ENACTMENT

Procedure under the Land Acquisition Enactment is not properly

understood by all concerned, and the following instructions are issued

for the guidance or all Land Offices including the office of the

Commissioner of Lands & Mines.

2. Collectors of Land Revenue should submit Form III (Direction by he State Secretary under Section 7 of the Enactment ) together with Form I ( draft Declaration under Section 6). They should not at that stage submit Form V (Certificate of Urgency under Section 17).

3. As soon as Form II appears in the Gazette The Commissioner of

Lands & Mines will ask the State Secretary to sign Form III and send it to

the Collector. The Collector will then prepare and sign Form IV ( Notice

under Section 9 ) and, if necessary, he will submit Form V for signature

by the State Secretary. He can take possession of the land 15 days after he

has issued Form IV provided that the State Secretary as signed Form V

within 15 days.

4. 4. If necessary time can be saved by the following procedure. The

Gazette appears regularly every other Thursday. On the day on which it

is due to appear the Collector can telephone the Commissioner of Lands &

Mines and ask him to obtain the State Secretary‟s signature on Form III if

Form II has appeared in the Gazette. The Collector can then prepare Form

IV on the same day on which Form II appears in the Gazette and obtain

legal possession of the land within 15 days of the Gazette Notification.

5. The C.L. & M‟s file will not leave the C.L. & M‟s office between he

date of publication of Form II and the signing of Form V unless the

Commissioner of Lands & Mines himself minutes it. Collectors will be

informed by memo that the Executive Council has approved the

proposal to acquire. In case were it is not necessary to issue a certificate

of urgency the C.L & M‟s file will not leave his office, unless he

himself minutes it, until after Form III has been issued.

Sgd: (J.K. Creer)

COMMISSIONER OF LANDS & MINES JOHORE

Johore Bahru 20 th. January 1953. Copy to – C.S.

In the case of part of a lot being acqd. Action under S.8 should be completed before F.IV can be issued.

33


C.L.&M. CIRCULAR NO.2 of 1953

BAIT-UL-MAL

Some Collectors of Land Revenue have been registering the Baitulmal as propreitor of land. Neither the Baitulmal nor of its officers can be registered as the propreitor of land since they are not bodies corporate. All payments to the Baitulmal should be in the form of cash vide sections 6 and 11 of Enactment No. 136.

Sgd : (J.K. Creer)

COMMISSIONER OF LANDS AND MINES JOHORE .

Johor Bahru, 28th April , 1953. To :-

All C.L.Rs. Sub-District A.D.Os. at Yong Peng Tangkak Endau Gelang Patah Kulai Pengerang

Copy to – President Religious Affirs, Johore. Chief Surveyor, Johore.

34

Ref : No. 10 in CLM. 505/52


THE LAND ACQUISITION ENACTMENT

(i) Complition of Action (ii) Scrupulous observence of the law.

Action under Section 19 of The Land Acquisition Enactment is still outstanding in respect of dozens of acquitions including all or nearly all New Villages. Collectord of Land Revenue should take action under Section 19 without further delay. 2. The Legal Adviser has again asked me to stress the importance of adhering strictly to the provisions of The Land Acquisition Enactment. As an example I attach a copy of Grounds of Judgement is a recent reference to the cuort in Singapore. Section 7 of the Singapore Enactment Corresponds to Section 8 of the Johore Enactment. 3. Another example of a serious irregularity which has happend recently is for one Collector to make the award and another Collector to state the grounds of award for reference to the court. 4. Collectors must study the provision of the Enactment carefuly and see that they are scrupulously observed. Failure to do this may cost the Government heavy damages as well as agreat deal of trouble. 5. It should noted that if a landowner gives the Collector permission to take possession of land before he is legally entitled to take possession under The Land Acquisition Enactment, the landowner is not precluded from claiming compensation for damage done to the land during the period before the Collector can take possession under that Enactment, unless he states in writing that he will not claim such compensation. Moreover taking possession before acquiring the land under the Enactment may give rise to awkward claims in respect of improvements such as roads and buildings made to the lad by the Government of persons, such as New Villages acting under the authority of the Government before Form II appers in the Gazette.

Sgd : (J.K. Creer) COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 3rd June, 1953. Distribution : All C.L.Rs. A.D.Os. of Sub Districts at Yong Peng Tangkak Endau Gelang Patah Kulai Pengerang Renggam. Copy to – Chief Surveyor. Annexure to CL&M. Circular No. 3/1853

35

IN THE HIGH COURT OF THE COLONY OF SINGAPORE

ISLAND OF SINGAPORE

In the Matter of the Acquisition of land for Defence Purposes to wit for the extension to Nee Soon Cantonment, Lot 17-6 pt., 30-2, 28-2 pt., and 27 Mukim XIII.

Coram : Brown, J. Assessors: K.G. Dale, Esq., Kiong Chai Woon, Esq.

GROUNDS OF JUDGMENT This matter was reffered to the Court in order to determine whether the amount of compensation awarded by the Collector was correct. The Collector has awarded compensation in respect of the land set out in the Declaretion.But it appeared that approximately eight acres had been acquired in acess of the land set in the Declaretion. There was no evidence of the nature of the land which was in excess, or of its exact measurement; and the Court was not in a position to value it. The award was declared to be void because the provision of section & of Cap. 128 were not compiled with. In particular the land was not marked out and no plan was made. The Collector stated in evidance that the plan made under section 7 was the Survey Plan (Ex. D). But this was the survey sheet from which the plan referred to in the Declaretion was made (Ex. B). Subsequent to the Declaretion there had been a re-survey which had resulted in (1) the lot numbers being altered, (2) the areas in the lots being changed, (3) some 8 further acres being acquired. As aconsequence of this, section 10(1) (a) was not compiled with because the collector did not make an award of the true area of the land. His award was based on the land set out in the Declaretion. It ignored the new measurements, and in particular it ignored the further 8 acres. Singapore, 27th November, 1952.

Sgd: T.A. Brown JUDGE Sgd: K.C. Dale ASSESSOR Sgd: Kiong Chai Woon, ASSESSOR

Land Acquisition No. 1 of 1952

36

Ref : No. 176 in CLM. 35 / 52

C. L. & M. CIRCULAR NO. 4 of 1953 ( XX )

CARE OF SURVEYING AND DRAWING EQUIPMENT.

The Instrument Repairer has reported as follows on two Prismatic Compasses sent to him for repair:-

“ I have examined the two compasses forwarded to me for repair and find the whole prism assembly to be missing from each of these instrument. “ I am of the opinion that such damage can only be attributed to gross neligence on the part of the person using the instrument and, since the cost of replacement of these parts will amount to perhaps 50% of the original cost of the instruments, I will be grateful if you would cause enquires to be made with a view to preventing such serious damage in future.”

2. Collectors of Land Revenue are required to keep a Stock and Issue Book of Surveying and Drawing Equipment and to ensure that the person responsible for any damage to equipment which may occur is brought to book.

Sgd : ( J . K . Creer ) COMMISSIONER OF LANDS & MINES

JOHORE

Johore Bahru 29th July, 1953 To : All Collectors of Land Revenue. A.D.O of Sub-District at Yong Peng Tangkak Endau Gelang Patah Kulai Pengerang Renggam Copy to - Chief Surveyor, Johore.

37

Ref : No. 48 in CLM. 247 / 52

C.L & M CIRCULAR NO. 1 of 1954 ( X X )

TERMS OF ALIENATION OF LAND FOR VEGETABLE GROWING TO NEW VILLAGES.

When State land is available for allienation EMRs will be issued to individuals unless in very special circumstances, e.g. the extremely limited area available the C.L.R. considers land should be alienated to the Village Council who would allot it in small plots to the villagers. Such cases should be reported to the C.L & M. with the C.L.R‟s recommendations. 2. When the available land is limited, 2 acres will normally be approved to whole time vegetable growers and 1/8 acre to part-time vegetable growers. These limits maybe exceeded when sufficient land is available for all villagers. 3. The terms of alienation should in general be :

Lots up to 1 acres

Lots of 1 acres & Above

Very

Good Soil

Moderately Good Soil

Poor Soil

Very Good Soil

Moderately Good Soil

Poor Soil

Premium Per acre

$25 or more

$15 $10 $25 or more

$15 $10

Survey Fees

$15 $15 $15 As in Land Rule

As in Land Rule

As in Land Rule

Boundary Stones

nil nil nil As in Land Rule

As in Land Rule

As in Land Rule

Other Fees

As in Land Rule

As in Land Rule

As in Land Rule

As in Land Rule

As in Land Rule

As in Land Rule

Note : The reduced survey fee of $15 is primarily intended for the 1/8 acre lots of part-time agriculturalists.As however the chances are that a large proportion of these lots would exceed 1/8 acre it has been decided to make the limit for $15 fees a lot of less than 1 acre.

A remission of survey fees to $5 under Table III of the Land Rules should only be allowed in most exceptional circumstances when the CLR is satisfied that the applicant has not the means to pay the fees shown above. There should be no general or wholesale remision of survey fees.

4. The following special conditions must be imposed :

( i ) The land hereby alienated shall be used solely for the purpose of vegetable cultivation and/or the rearing of pigs and poultry and for no other purpose.No pepper shall be cultivated on the said land.

( ii ) ( a ) Where the area does not exceed 1 acre ;

38

The whole of the land hereby alienated shall be brought under cultivation within one year and thereafter be continuosly cultivated.

( b ) Where the area exceed 1 acre ;

Not less than 3/4 of the area of the land hereby alienated shall be brought under cultivation within 1 year and thereafter kept under continous cultivation to the extent of not less than 3/4 of its area.

5. If the land to be alienated is suitable for and wanted for padi planting a special condition restricting the use of the land to padi planting should be imposed and in that case the rent will be $1 per acre per annum. 6. The C.L.R should make recommendations and obtain approval from the See C.L. & M. for the terms of alienation in each New Village.[ I.L.O.4 (ii) requires Circular That when blocks of land aggregating 50 acres or more alienated reference 14/54 should be made to C.L.& M. In the case of agricultural land for New Villages reference should be made to the C.L.& M even though the block of land to be alienated is less than 50 acres ].Individual applications should not be referred. 7. All previous directives regarding alienation of land for vegetable growing in New Villages are hereby cancelled. Sgd : ( A. Glencross ) COMMISSIONER OF LANDS & MINES JOHORE Johor Bahru 6th. February, 1954. Distribution : All C.L.Rs ( 5 copies each ) A.D.O of Sub-District at Yong Peng Tangkak

Endau Gelang Patah Kulai Pengerang Renggam

copy to - Chief Surveyor, Johore.

39

Ref : No. 20 in CLM . 247/52

C . L . & M. CIRCULAR No. 1A of 1954 ( XX )

TERMS OF ALIENATION OF LAND FOR VEGETABLE GROWING TO NEW VILLAGERS

C . L . & M. Circular No. 1 of 1954 is amended by deletion there from of paragraph 6. 2. Provided that all the following conditions are fulfilled C.L.Rs may approve applications for alienation of lots in New Village Agricultural Areas without reference to the Commissioner, but may not delegate this power. 3. The conditions are

( a ) The land is country land ( b ) The alienation is in accordance with the layout prepared by the Chief Surveyor. ( c ) Title will be E.M.R. ( d ) Applicant is a resident of the NewVillage and holds no other plot in the New

Village Agricultural Area. ( e ) There are no conflicting applications. ( f ) Terms of alienation are strictly in accordance with C.L.& M. Circular No.1 of

1954. 4. Any other applications should be referred to the Commissioner, but it is thought that there will be few. Sgd : ( S. Angus ) Ag. COMMISSIONER OF LANDS & MINES JOHORE. Johore Bahru. 29th. November, 1954. Distribution : All C.L.Rs ( 5 copies each ) All A.D.Os of Sub - Districts.

Copy to - Chief Surveyor, Johore.

40

Ref. No. 7 in CLM. 766 / 51 C . L . & M . CIRCULAR NO. 2 OF 1954. ( X X )

EXECUTION OF DOCUMENTS IN ANTICIPATION OF THE REGISTRATION OF OTHER DOCUMENTS

PRECEDING THEM.

Collectors Of Land Revenue are notified that the instructions in C . L . & M . Circular no. 10 of 1951 are hereby cancelled. Provided that it comes up for registration after the transferor has been registered as the owner a transfer should not be rejected on the grounds that it was executed before the transferor became the registered owner. Similarly a charged executed before the chargor became the registered should be rejected for that reason if it comes up for register after the chargor has become the registered owner.

Sgd: ( A. Glencross ) COMMISSIONER OF LANDS AND MINES,

JOHORE.

Johore Bahru, 23rd February, 1954. Distribution: All C.L.Rs ( 4 copies each ) A . D . O . of Sub-Dictrict at Yong Peng Tangkak Endau Gelang Patah Kulai Pengerng Renggam Copy to - Chief Surveyor, Johore.

41

Ref : No. 5 in CLM. 148/54.

C . L . & M. CIRCULAR NO. 3 OF 1954. ( XX )

REGISTER OF APPLICATIONS FOR LAND ( LANDS 43 ) Recent investigations have revealed that in general registers of applications for land are not being properly upkept. The register of applications is a basic Land Office record, and no Land Office can function efficiently unless this record is absolutely reliable an up-to-date. 2. Collectors of Land Revenue should personally investigate the position as regards the registers in their office and should make sure that

( a ) every application for land has been entered in their register individually. It is not sufficient to enter a number of application under one heading and quote one minute paper dealing with a bunch of applications. C.L.Rs should ensure that application for land in New Villages are placed on the register of applications in exactly the same way as any other applications. There is reason to believe that this has very frequently been ommited. It may be necessary to institute a through search of all files to ensure that all previous applications have been brought on to the register. In one office it has been found that rejected applications had in many cases never been recorded as rejected in the register.

( b ) the records in the register of applications subsequent if the date of the latest

stage in dealing with the application is entered without filling in intermediate stages.

( c ) there are written instructions placing responsibility on a specific officer or

officers for registration of applications and subsequent entries in the register. Sgd : ( A. Glencross ) COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 25th April, 1954 Distribution : All C.L.Rs - 4 copies each A.D.O of Sub - district at Yong Peng

Tangkak Endau Gelang Patah Kulai Pengerang

Renggam Lenga, c/o C.L.R. , Muar Labis, c/o C.L.R., Sgt. Masai, c/o C.L.R., Johor Bahru Rengit, c/o C.L.R., Batu Pahat


42

Ref: CLM. 63 /54

C.L. & M. CIRCULAR NO.4 OF 1954 (XX)

ACQUISITION AWARDS FOR COST OF MOVING BUILDINGS.

The attention of Collectors is drawn to the fact that the common practice of making an

award for land being acquired, in addition to making an award for the cost of moving

buildings, is not legal where such buildings are attached to the earth or permanently fastened

to things attached to the earth. Such buildings are in law a part of the land and the Collector‟s

award must cover the value of the land including the value of the building. The Collector can,

however, at the time of making his award make an alternative award with the agreement of the

land owner that he shall be given a smaller sum and allowed to move his house. As temporary

houses on land to be acquired are normally useless to Government, Collectors should, within

limits and providing the land owner is not totally unreasonable, endeavor to reach agreement

with him.

Where the buildings are not attached to the earth or permanently fastened to things

attached to the earth there is no objection to making awards to a person interested for the cost

of removing the building. It should be noted that common type of house is one the pillars of

which rest on, and are not embodied in, small concrete blocks. This type of house is not a part

of the land and there can be an award for the cost of removal of such a building.

Sgd: (A. Glencross) Ag. COMMISSIONER OF LANDS & MINES

JOHORE

Johore Bahru, 6 th June 1954

Distribution:

To All C.L.Rs - 4 copies each

To All A.D.Os of Sub Districts.


43

Ref : No. 7 in CLM. 376 / 54

C.L. & M. CIRCULAR No. 5 of 1954

ACQUISITION OF LAND

Very large sums of money are being spent in Johore on the acquisition oflands particularly in connection with New Villages. From the notes of evidence of acquisition cases which have come to my notice it would appear that Collectors in many cases are not obtaining all the evidence which could relatively easily be made available before making their award. It is essential that there should be a systematic search made in the first place by a Settlement Officer of transfers of land in the neighbourhood and comparable transfers elsewhere. These should be listed and be considered by the Collector before he makes his awars. If, as is usually the case, the land to be acquired is rubber land the Collector should make it a point at the hearing of the case of taking evidence on oath from the owner or estate manager of the yield from the rubber, its age, what clones are used, etc., etc. He amy also require the production of the estate books. In the case of the large estates such evidence is likely to be of the greatest value. Collectors can also call upon the State Agricultural Officer to estimate the yield at the enquiry and give his opinion of the rubber. 2. Collectors should constantly bear in mind C.L. & M. Circulaar 7/52 and the provision of section 29 ( i ) ( b ) of the Land Acquisition Enactment which provides that any increase in value to the remaining land owned by persons whose lnd is being acquired as a result of the use to which the land acquired will be put can be offset against the value of the land being acquired.

Sgd: (A. Glencross) Ag. COMMISSIONER OF LANDS & MINES

JOHORE

Johore Bahru, 6 th June 1954 Distribution: To All C.L.Rs - 4 copies each

To All A.D.Os of Sub Districts.


44

Ref : No. 7 in CLM. 291 / 54

C.L. & M. CIRCULAR No. 6 of 1954 ( * * )

PROCEDURE FOR ISSUE OF LICENSES UNDER RULE 21 Fee and annual rents in respect of Licences under the Water enactment (No.

66)are now prescribed in Legal Notification No. 139 of 29.7.54 to which attention of Collectors is drawn.

2. In this Legal Notification the terms “length” and “linear foot” wil be interpreted as in

the past, i.e. „length‟ refers to the distance the structure projects from the bank and „linear foot‟ refers to the frontage of the structure.

3. The waiver of licensing in respect of nibong jetties and bridges built with a single span

will continue. 4. Abutments and Approaches.

In order to prevent the accrual of rights against the State the licensees of bridges, jetteis and landing stages constructed of reinforced concrete or squared timber should be obliged to take out in addition Temporary Occupation Licences over State land on which any part of such stucture or its appurtenances rests. Such temporary Occupation licenses may be issued free.

5. C.L. & M. Circular No. 6 of 1939 is hereby cancelled. Sgd : ( S. Angus )

COMMISIONER OF LANDS & MINES JOHORE Johor Bahru, 7th August 1954 Distribution : - - To All C.L.Rs ( 4 copies each ) - To All A.D.Os of Sud-District. Copy to Chief Surveyor, Johor.

See

Extract

Attd.

45

Ref: No. 41 in CLM. 7 / 54-A

C . L . & M . CIRCULAR NO. 7 OF 1954 ( <> )

R E G I S T R A T I O N

PRODUCTION OF MEMORANDUM AND ARTICLES OF ASSOCIATION OF A COMPANY

The Johore Land Enactment at present contains no specific provision under which a proper registering authority can require production of Memorandum and Articles of Association of a Company when an instrument to which the Company is a party is presented for registration. ( There are no provisions corresponding to Section 10 and 47 of the F.M.S.Land Code. ) 2. Nevertheless the proper registering authority is entitled to require their production in order to satisfy himself of the following facts: ( a ) That the Company is authorized by its constitution to own land.

( b ) That the instrument is properly executed by the Company, i.e., sealed and signed in accordance with the Articles.

3. The of the Memorandum and Articles produced should be certified, if a complete printed copy, by the Secretary or a Director or a Solicitor employed by the Company, but in any other case, for instance, typescript copies or extracts only, the copy should be certified by the Register of Companies. This follows are pre-war ruling by the Commissioner of Lands, F.M.S., in Land Circular 1 / 40. 4. The copy should be returned after inspection to the person who produced it. Copies for filing should not be asked for.

Sgd: ( S . Angus ) Ag. COMMISSIONER OF LANDS & MINES,

JOHORE. Johore Bahru, 8th August, 1954. Distribution: To All C.L.Rs ( 4 copies each ) To All C.L.Os of sub-Districts. Copy to-Chief Surveyor, Johore.

46

Ref. No. 42 in CLM. 7 / 54-A


R E G I S T R A T I O N

CUSTODY OF DOCUMENTS PRESENTED PENDING REGISTRATION

Instruments held in the custody of the proper registering authority because registration has been suspended, for instance, on the ground that some necessary document has not has been delivered, must be left in correspondence file. 2. All such documents should be transferred to a file of instruments awaiting registration which should kept in safe custody in the strong room.


JOHORE.

Johore Bahru, 8th August, 1954. Distribution: To All C.L.Rs ( 4 copies each ) To All C.L.Os of sub-Districts. Copy to-Chief Surveyor, Johore.

47

Ref: No. 3 in CLM. 680 / 52


CANCELLATION EXPRESS CONDITIONS IMPOSED IN ERROR

Collectors of Land Revenue are advised that an express condition found to have been endorsed on a title in error cannot be cancelled under Section 23 of the Land Enactment, being a condition imposed specifically, albeit in error. In all case of rescission effecting express conditions action must be taken under Section 61A. It should be noted that this section can only be invoked upon the application of the proprietor. The C.L.R cannot act on his own motion.


JOHORE.

Johore Bahru, 8th August, 1954. Distribution: To All C.L.Rs ( 4 copies each ) To All C.L.Os of sub-Districts. Copy to-Chief Surveyor, Johore.

48

Ref: No. 3 in CLM. 680 / 52


APPLICATION FOR CORRECTION OR CHANGE OF NAME Application for change of name in documents of title fall into two categories:-

a) Cases in which an incorrect name has been entered on a title in error. b) Cases in which the applicant desires to have recorded a change of name not an

account of any error in the name already recorded. Cases of category ( a ) can be dealt with under section 23 Land Enactment but the C.L.R can only act with the Commissioner‟s sanction – see sub-section ( iv ). Cases in category ( b ) can only be dealt with by the Commissioner under section 75( g ). In all cases, therefore, reference to the Commissioner is required as the law stands. All such references will be made in the form attached which will submitted in duplicate. After approval one copy will be presented and fill as a Miscellaneous Document, the duplicate remaining on the correspondence file to complete the record there. Particulars must be fully and clearly entered. If the application affects more than one title, provided that all the title affected are either E.M.R. or Registry Titles, as the case maybe, and there are no complication involved, all can be entered on one form. In all other cases separate forms will be used in respect of each titles. The signatories at the end of the memorial are alternatives according as to whether the title is a Registry or Mukim Title. If the title is E.M.R. the form will be submitted to the Commissioner on the Land Office file. If the title is a Registry title the forms will be sent with the original application and supporting documentary evidence also in original with a certified copy of the notes in the Correction Note Book for filling in the Commissioner‟s Office the C.L.R need not retain copies of the documents if he has completed his enquiry and recorded his evidence. The documentary evidence submitted will usually be a Statutory Declaration. If so the entry under para.6 of the form should be „Statutory Declaration‟ made by …….. on (date).

It is not intended to print the form at this stage as experience may show that modifications are

desirable.

Sgd: ( S . Angus )

Ag. COMMISSIONER OF LANDS & MINES, JOHORE.

Johore Bahru, 25th August, 1954. Distribution: To All C.L.Rs ( 4 copies each ) To All A.D.Os of sub-Districts. Copy to-Chief Surveyor, Johore.

49

Ref : No. 1 in CLM. 586/54.

C . L . & M. CIRCULAR NO. 10 OF 1954 ( XX )

ALIENATION ON GRANT OR LEASE - REQUISITIONS FOR TITLE Alienation of land 0n Grant or Lease under section 29, Land Enactment, otherwise than by auction, requires a specific act of approval by the Ruler in Council to the person to whom the land is being alienated. 2. It follows that in cases where applications are to be approved in groups by Collectors under terms generally authorised by the Ruler in Council for the group, there must at some stage before the titles are registered be submission of all the individual cases to Executive Council for formal confirmation of alienation. The approval ought to be obtained before recording of an Approved Application, there being no powers of delegation in the Land Enactment, and therefore no other valid approval. 3. In case of group alienation, however, which council has approved in principle, it will suffice in practice if covering approval of particular alienations is obtained. It is considered that this could best be done by Collectors submitting to this office with the requisitions for title in schedule of these requisitions ( which should be serially numbered ) in this form : ……………………………………………………………………………………………………. R/T No. Lot No. Name A.A No. Remark ……………………………………………………………………………………………………… …………………………………………………………………………………………………… This schedule can be tabled in Executive Council for confirmation. Collectors are requested to arrange accordingly. 4. The A.A number should be endorsed on all requisitions for titles. Sgd : ( S. Angus ) Ag.COMMISSIONER OF LANDS ANDMINES, JOHORE Johor Bahru : 12th August, 1954

Distribution : All C.L.Rs ( 4 copies each ) All A.D.Os of Sub-Districts Copy to - Chief Surveyor, Johore. *

See memo 2 in CLM. 682/54 i.e. Ex. Co. approved this procedure. Add a remarks Column in which give brief particulars of applicant e.g. if applicant is in occupation write “occupier“. Endorse at foot of schedule a certificate that no land was subject to conflicting applications.

50

Ref : No. 30 in CLM. 793 / 52

C. L. & M. CIRCULAR NO. 11 of 1954 ( X X )

REMISSION OF LAND RENT ( EMERGENCY ARREARS ) PROCEDURE

Executive Council has now approved in principle remission of land rent ( and by implication late fees ) for the years 1952 and 1953 in respect of agricultural land to which the owners have been denied access by government order, Regulation or Instruction regardless of application by the owners. This remission does not at present apply to mining land. 2. The amount remitted will be calculated in proportion to the period during each year for which access was so denied. Where rent is remitted in any year from a date earlier than the 1st June of that year late fees will be remitted in full. 3. Specified approval of Council is required in respect of each title. So far as possible Collectors of Land Revenue should submit recommendation in respect of complete groups of titles. Where the remission is recommended in respect of areas formally declared, i. e. Controlled ( non-residential ) Areas under Emergency regulation 17 FA and Danger Areas under Emergency ) Regulation 19A, each such areas constitutes a group and recommendations will be made in the form of schedule as at annexure A. Where remission is recommended in respect of land in areas not so declared specific reasons for the recommendation must be given and the form of schedule as at annexure B should be used. In all cases Form A and B as the case may be should be submitted to this office in duplicate. One copy will be returned to Collectors with a note of Ex. Co. decision endorsed on it. No covering letters or memos are required. In any cases in which approval has already been given for remission of rent in respect of that title. 4. In cases where remission is approved and rent has already been paid there will be no refund but an equivalent amount will be carried forward as a credit in the Rent Roll [ until absorved on cessation of remission.] * 5. Recommendations for remission of rent due in respect of 1954 may be made after the end of the year if conditions to justify remission existed during the year. 6. It is repeated that there are two condition precedent to any recommendation for remission under this authority :

( a ) The proprietor ( as defined in L.N. 617 of 27.10.53 ) must have been denied access to the land.

( b ) This denial must be directly and specially attributable to a Government Order,

Regulation or Instruction – which may be a declaration under Emergency Regulations or a local security direction.

7. All recommendations will be made in accordance with this procedure. The present practice of forwarding individual cases on the application of the proprietor will cease. The responsibility for selecting the cases in which remission should be recommended now lies with the C. L. R. Applications will not be invited and this procedure should not be given publicity in order to avoid unnecessary work in cases in which there are no grounds for remission.

51

Sgd : ( S. Angus ) Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 18th August 1954 To - All CLRs ( 4 copies each ) All ADOs of Sub – Districts. Copy to – Chief Surveyor, Johore. See further explanation in memo ( 11 A ) attd.

52

Annexure to CL & M CIR. 11 / 54 FORM B

REMISSION OF LAND RENT ( EMERGENCY AREAS ) DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Undeclared Area at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remission of land rent and late fees is recommended in respect of the titles and to the amounts set out in the schedule on the reverse hereof, calculated for the period from . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . on the ground that ( State grounds in full ) No previous recommendation in respect of these titles has been made. Date . . . . . . . . . . . . . . . . . . . . . . . . . Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. L. R. CLR.. Ref : . . . . . . . . . . . . . . . . . . .

53



APPLICATION FOR CORRECTION OR CHANGE OF NAME

Application for change of name in documents of title fall into two categories :-

(a) Cases an incorrect name has been entered on a title in error. (b) Cases in which the applicant desires to have recorded a change of name no on

account of any error in the name already recorded. 2. Cases of category (a) can be dealt with under Section 23 Land Enactment but the C.L.R. can only act with the Commissioner‟s sanction – see sub-section (iv). Cases in category (b) can only be dealt with by the Commissioner under Section 75(g). In all cases, therefore, reference to the Commissioner is required as the law stands. 3. All such references will be made in the form attched wich will be submitted in duplicate. After approval one copy will be persented and filed as Miscellanous Document, the duplicate remaining the correspondence file to complete the record there. Particulars must be fully and clearly entered. If the application affects more than one title, provided that all the titles affected are either E.M.R. or Register titles, as the case may be, and there no complications involved, all can be entered on one form. In all other cases asperete forms will be used in respect of each title. The signatories at the end of the memoried are alternatives according as the whether the title is a Registry or Mukim Title. 4. If the title is E.M.R the forms will be submitted to the Commissioner on the Land Office file. 5. If the title is Registry title the forms will be sent with the original application and supporting documentry evidence also in original an with a certified copy of the note in the Correction Note Book for filing in the Commissioner‟s office. The C.L.R. need not retain copies of the documents if he has complited his enquiry and recorded his evidence. 6. The documentary evidence submitted will usually be a Statutory Declaration. If so the entry under para.6 of the form should be “Statutory Declaration made by ................... on (date). 7. It is not intended to print the form at this stage as experience may show tht modifications are desirable.

Sgd: (S. Angus) Ag. COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 25th August, 1954. Distribution : All C.L.Rs (4 copies) All A.D.Os of Sub-Districts Copy to – Chief Surveyor, Johore.

54

Annexure to CLM Circular 12/54

THE LAND ENACTMENT (No.1) Section 23 and 75(g)

APPLICATION FOR CORRECTON OF NAME *

CHANGE OF NAME District of ............................................. 1. Title ....................................... Lot ................................ Mukim ............................... 2. Name(s) of Registered Propreitor(s)/Charges/Lessee 3. Application by ................................................ I.C. No. ........................................... that the

name ................................................................................................. in the above-

mentioned title be deleted and substituted by the name …………………………………

4. Grounds of application.

5. Issue documents of title delivered by ...................................................................

6. Documentry evidence submitted ..........................................................................

7. Enquiry by Collector

Date ..................... Correction Note Book Vol ............. Page ................

Witness exmined ..................................................... I.C. No. ..........................

..................................................... I.C. No. ..........................

Finding recorded by Collector

Date ....................................... Signed ...........................................

C.L.R. ...........................................

55

P.T.O.

Order by Commisioner

I, ……………………………………………………………, Commisioner of Lands and

Mines, pursuant to section 23/75 ( g ) * of the Land Enactment hereby direct that a memorial

be made upon the register and issue documents of title above-mentioned that the

name

………………………………………………………………………………………………..

be deleted therefrom and the name ………………………………………………………………..

be substituted therefore.

Date ………………………………… Signed …………………….

( L.S. )

Pre sentation No. …………………………………. Misc. Doc. No. ………………..…………

Memorial madi in the register of ………………………………………………………………

Vo. …………………… Folio ……………………. This …………………. day of ……………..

19 …………………. at …………………… . m.

Signed …………………………………

*C.L.& M. / C.L.R.

( L.S. )

* Delete whichever is anaplicable

56


C.L. & M. CIRCULAR NO. 13 OF 1954 (XX)

LEGAL NOTIFICATION DESCRIPTION OF LAND

The attention of C.L.Rs is drawn to the Descriptions of Land ( Survey Plans ) Ordinance 1954 ( F.M. 2/54 ) which authorizes definition of land for the purpose of Legal Notification by reference to certified and deposited plans. 2. This makes it necessary to describe land such notifications by “metes and bounds”, i.e. by detailed citation of lot boundaries, bearings, distances, natural features, etc. which had to be used in the past to define areas not surveyed as lots, for instance, district and mukim boundaries , town and village areas, Town Board and Local Council areas, Forest Reserve, Irrigation Areas, Malay Reservation, Electoral Contituenci and so on. 3. Section 3 of the Ordinance prescribe the conditions relating to the such plans. The plans are in a special series and must be certified both by the Chief Surveyor and the notifying authority. 4. Where this method of description is used the form of words for the notification will be as follows:- “that area of land situated in the District of ……………………………………. Mukim of ………………………… comprising approximately ………………... acres and alienated in ( Colour ) on Plan No. ……………………………………

certified and identified in accordance with the Descriptions of Land( Survey ans ) Ordinance 1954 and deposite in the Office of the Chief Surveyor, Johore to be . ………………………………………………………………………..”

5. This method of description is not the only valid form of description for all purpose. The existing practice of describeing surveyed reserves by reference to lot numbers and revenue surveyplans of lot filed as routine in the Survey Office records is satisfactory and can continue. 6. Where a notification refers only to one surveyed lot it is unnecessary to add a schedule to the notification. A specimen form of words is given below for guidance, This should be used for notification of reserves for single surveyed lots nothwithstanding I.L.O. 36 ( iv )

57

“THE LAND ENACTMENT ( NO. 1 )

RESERVATION OF LAND FOR A PUBLIC PURPOSE

No. ….. In exercise of the powers conferred by section 10 of the Land Enactment the Commisioner of lands and Mines hereby declares that parcel of land comprising …………………….. acres ………………. roods ……………… poles being Lot No. …………………… situated in the Mukim of …………………………………….. District of ……………………………… and delineated in the Revenue Survey Plan No. 1 …………………………………… deposite in the office of the chief Surveyor, Johore , to be a reserve for a public purpose, to wit, ……………………………….To be maintained by ………………………………….. and his successors in office. Date at Johor Bahru, this ………….Day of ……………… 19 …………. COMMISIONER OF LANDS AND MINES, JOHORE Schedules are appropriate for notification referring to more than one lot and in such cases the form at I.L.O 36 ( iv ) will continue to be used.

Sgd : ( S. Angus ) Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 26th August 1954

58

C.L. & M. CIRCULAR NO.14 OF 1954 ( X X )

DIVIDING AND COMBINING LAND PROCEDURE

The object of this Circular is to define a routine procedure for dealing with Subdivision and Combination in order to eliminate difficullties arising from overlaping jurishdictions, duplication of action and inadequate presentation of applications. 1. APPLICATION All application will be made to the C.L.R. All action will be on a Land Office files except

where otherwise stated in this Circular. All officers handling the Land Office file in course of circulation must ensure that it is not delayed. ( It is thought that duplicate files in other offices may not necessary, but this is a matter for the offices concerned ).

2. PRELIMINARY ACTION BY LAND OFFICE ( i ) Check the title and enclose certified abstract of titles in duplicate. ( ii ) Check that the application is sign by all necessary parties, in particular ( a ) That if there are co-proprietors all have signed.

( b ) That if any proprietor is dead the legal personal representative signing the application has been duly registered as representative under the Land Enactment.

( c ) That any person signing by an attorney is empowered by his P/A so to do.

( d ) That if the land is subject to charge the written consent of the chargee is

filed. ( section 26 ( iii )).

( iii ) Demarcate the sub-division or combining, check areas and prepare accurate plan as R/S tracing with as many sunprint as are likely to be required.

( iv ) Calculate survey fees to be deposited. No fees will be charged in respect

of any residual areas which the proprietor has agreed in writing to surrender.

( v ) If the land is held on Grant or Lease the C.L.R. should invite the

application to accept C.Ts for the new titles under Section 63 A Land Enactment stressing the fact that the different from titles involves no change whatever in the terms of tenure but is merely a correct form of titles in continuation.

( vi ) Check that if areas are to be surrended written agreement to surrender

executed by all necessary parties is on record.

59

4. PROCEDURE FOR APPROVAL ( i ) LAND IN TOWN BOARD/TOWN COUNCIL AREAS Approval of subdivisions by the President Town Board or Town Council is

required by Section 149 Town Board Enactment. The object of this provision is to ensure complaince with town planning scheme. This is the next step in all cases in dealing with subdivisions of land in this category and the procedure should be.

*3 ( a ) C.L.R. refers Land Office file to state Planning Officer who will confirm that

affected by the sub-division accords with any approved or draft town plan, layout or zoning plan or in the absence of such plans, whether he considers the proposed sub-division suitable and will suggest amendments if necessary. The State Planning Officer will then return the file to the C. L. R. who will refer it to the President, Town Council, concerned for his decision in the light of the State Planning Officer‟s comments“

*3 ( b ) The President Town Board or Town Council return the file to C.L. R. with

a note of his decision under Section 149 Town Board Enactment. If he approves he will endorse on all copies of the plans the following certificate :

“Subdivision approved under Section 149 Town Board

Enactment. Date ...................................... Signed ........................................ President Town Board/Council “ ( The President Town Board / Council should have a rubber stamp made for this

endorsement. ) If he recommends variation on the advice if Town Planning Advisory Committee C.L.R. will refer back to the applicant accordingly. If the President Town Board / Council rejects a subdivvision under Sectuon 149 Town Board Enactment the dispose of it; the C.L.R. should inform the applicant accodingly, and no further action is necessary.

Application for combination of lot in Town Board / Council areas should be

dealt with by the same procedure, subject to the fact that the President Town Board / Council need to approved, and cannot reject them. But the President Town Board / Council advice and comment will be valuable. )

( ii ) LAND HELDON GRANT OR LEASE The appoving authority under the Land Enactment is the Commissioner who

requires permanent record of the subdivision/Combination for the purpose of registering continuation titles. C.L.R. will therefore forward to C.L. & M. the following document.

( a ) A certified copy of the application. ( b ) A certified abstract of titles from the Titles Index.

60

( c ) A copy of the plan; in the case of sub-division duly endorsed by the President Town Board / Coucil area and the sub-division has been approved under the Town Board Enactment.

( d ) A brief report on any relevent facts. For instance, Amended vide (16 ) in CLM. 620/54 that the witten consent of the chargee ( if the land is subject to charge has been

filed; or residual areas are to be surrendered, that the witten consent of the proprietors to surrender has been obtained, or, whether the applicant has been invited and has agreed to accept certificates of titles as continuation titles.

( iii ) LAND HELDON E..M.R. The approving authority under the Land Enactment is the C.L.R. subject to :

( a ) Prior approval by President Town Board/Council in the case of subdivision of land in Town Board/Council area as in para 3( i ) of this Circular.

( b ) Restriction on combining imposed by Section 26 ( vii ). Reference to C.L. & M is not required unless there are circumtances of speacial

difficulty or importance. If any such reference is made it should be made on the Land Office file.

4. POWER TO REJECT APPLICATION

( i ) The President Town Board/Council has power to reject proposals for subdivision under Section 149 Town Board Enactment but must act reasonably. He has no power under that section to reject a proposal for Combination.

( ii ) Neither the Commisioner nor the Collector under Section 26 Land Enactment

has power to reject applications unless there are in some way defective, or fail to obtain town planning approval under Section 149 Town Board Enactment, or are barred by an express condition in the title. For instance it is considered that it would not be possible to reject an application for sub-dicision of land situated outside Town Board/Council area on ground of policy, e.g. that it would lead to excessive fragmentation of the holding.

5. PROCEDURE AFTER APPROVAL ( i ) COLLECTION OF LAND REVENUE DUE C.L.R. will collect : ( a ) Fees to be deposited. ( b ) All rent due on all titles concerned.

61

( ii ) DELIVERY OF ISSUE DOCUMENT OF TITLE C.L.R. will obtain delivery before any further action taken and keep the

document of title in safe custody, i.e. in the strong room, until it is to be destroyedon registration of new title.

( iii ) REQUISITION SURVEY The re-survey must cover the whole of the land comprised in the lot or lots to be

divided or combined and no more. If part the land are surrendered, for instance for the road reserves or rounding off corners of blocks, these portions must be surveyed as lots, ( surrender titles being then registered and cancelled by an instrument of surrender). If the re-survey involves alienation of state land, for instance in implementation of a redistribution scheme, it cannot be done under Section 26 Land Enactment. It‟s necessary to use the alternative method of surrender and re-alienation. If the applicant‟s proposal has been modified, the C.L.R. will get him to sign final R/S plan ( President Town Board/ Council will have already signed, if necessary).

6. PROCEDURE AFTER SURVEY ( i ) SETTLEMENT Re-surveys should always be settled as they generally involve boundaries of

occupation. ( ii ) ADJUSTMENT OF FEES, If required ( iii ) APPORTIONMENT OF RENT The total rent on the titles, including any surrender titles, must be the same as

that on the original title or titles provided that the minimum rent, if any on each parcel must be 50 cents. Examples are given in C.L. & M. Circular 13/39. The rent cannot be revised in proceeding under section 26. ( Rent on town or village land may be liable to revision under Section 33 when built on, but this is a separate proceeding ). If the original titles are rent free, so are the new titles.

( iv ) REQUISITION FOR TITLES All new titles under Section 26 are in continuation and must exspress all

conditions and rights existing in the original title. No new conditions can be imposed. There is no question of “ term “. If there is co-proproetorship each co-proprietor will have the same undivided interest in each of the new titles as he had in the original title. The form of title as he had in the original title. The forms of title to be requistioned are as follows :-

( a ) Original Titles Grant or Lease issued under the Land Enactment.

62

( 1 ) If the proprietor has agreed to receive certificates of title requisition for C.T.

( 2 ) If the proprietor has not agreed to accept C.T. requisition Grants or Lease as the case may be. ( The correct continuation title for land alienated on Grant or Lease is a C.T. , but the wording of Section 26 ( i ) is such that the proprietor can asist on a Grant or Lease in Continuation if he so wishes ).

( b ) Original Title Old Title - Malay Grant or Agricultural Lease Issue of title in this form is not provided in the Land Enactment.

Therefore requisition for C.T. in all cases. ( c ) Original Title E.M.R. New title is E.M.R. except in cases of combination resulting in a

parcel exceeding 10 acres in area. Requisition for Extract. ( v ) Registration The step are : ( a ) Register new titles, reference to former titles being made thereon. ( b ) Cancellation of the original titles ( by an entry on the lines of

I.L.O. 78 ) and destruction of I.D.T. for these titles. 7. LIAISON WITH TOWN BOARD / COUNCIL If the land is within Town Board / Council area the C.L.R. should :

( i ) Send to the President Town Board / Counsil a note of the new titles so that the assessment roll etc. can be amended. ( This will be done notwithstanding the fact that records of Mutation may have been sent to the Town Board / Council by the Registry )

( ii ) Arrange for Land Officer Tracer to plot the charting tracing on the Town Board

/ Coucil plan if separate plans are kept. 8. SPECIAL CASES - ALTERNATIVE PROCEDURE ( i ) COMBINATION There are many potential difficulties in combining lot held under separate titles by

proceedings under Section 26 Land Enactment because there may be variations in the term of tenure under the original title to an extent which cannot be adjusted under the proviso to section 26 ( ii ), e.g. different express conditions ( The Johore section confers no power of selecting the condition as is provided in Section 51 F.M.S. Land Code. ), differences in regard to encumbrances, mixed Grants and Leases or Leases of different terms. It is necessary in such cases to proceed by the alternative method of surrender and re-alienation.

63

( ii ) COMBINATION AND SUBDIVISION IN CONJUCTION The same considerations apply as in the case of combination above - i.e. this

procedure is only practicable where there is no variation of substance between the term of tenure of the original titles involved. In other cases use surrender and re-alienation.

( iii ) PARTITION There is no provision in the Johore Land Enactment for partition of land between

co-proprietors. This is a defect in the law, but the position is that partition can be effected by two methods.

( a ) Subdivision and Cross Transfer ( b ) Surrender and Re-alienation. ( iv ) SURRENDER AND RE-ALIENATION This method has been reffered to in this Circular as a possible way round

difficulties in some circumtances. It is not alway a simple or even a practicable method. It has advantages to Government because it is possible to propose substantial modifications in term and conditions of tenure. For the same reason it may have disadvantages to the propritors. In all cases prior written agreement as to the term is essential and all parties must be available to implement it. For example, the death or absence from the country of a proprietor or charges may cause much delay. Surrender extinguishes the title completely and no right or encumbrances in it affect the new title. In theory re-survey of all boundaries is required but Collectors should consult the District Surveyor in each cases as to what re-survey is in fact necessary and what fee should be charge.

9. CANCELLATION C.L. & M. Circulars No. 29 of 1934 and No.21 of 1940 are hereby cancelled.

Sgd. ( S. Angus ) Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 1st. September, 1954. Distribution All C.L.Rs ( 4 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore.

64



LEGAL NOTIFICATION CITATION OF APPOINTMENTS

Caseshave been noticed in which in notifications signed by an Assistant Collctor of Land Revenue in asub-district the appointment is cited as being in respect of the sub-district 2. A.C.L. Rs are appointed for districts – not for sub-districts – and their appointment should be cited accordingly, if they are used at all. 3. In the normal course gazette notifications which are required to be published by the Collector should be signed by the Collector

Sgd. ( S. Angus ) Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 4st. September, 1954. Distribution All C.L.Rs ( 4 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore.

65



LAND ACQUSITION POSSESSION AND VESTING OF LAND ACQUIRED

There appears to be general misunderstanding of the effect of Section under Sections 16-

19 of the Land Acquisition Enactment.

2. TAKING POSSESSION:

( a ) The Collector can take possession of land acquired in two ways:

( i ) Under Section 16 after making his award.

( ii ) Under Section 17 by direction of cases of special urgency before making

his award . It is emphasized that Section 17 provides for an exceptional

procedure. Direction should not be asked for as routine, but only in cases

where it is in fact necessary for possession of the land to be taken before

the award is made.

( b ) There should be a definite act of taking possession of the land. This can be done

by notice which should be:

( i ) posted on the land.

( ii ) served on the owner. ( The written offer of compensation under Section

43 ( i ) is not necessarily notice of taking possession).

(iii) presented to the proper registering authority as miscellaneous as

authority for endorsement of the title.

( c ) The form of notice should be:

( i ) where the registered document of title is kept in the Collector‟s office, a

notice substantially in Form VII A or VII B suitably amended to refer to Section 18 ( i ) ( a ) as the case may be and addressed to the proprietors.

( ii ) where the registered document of title is kept in the office of the

Commissioner, copies of the statutory notice to be Commissioner( Form VII A or VII B ) should be posted and served.

The attention of Collectors is drawn to the fact that Form VII A and VII B refer to

the alternative to section 16 and I?. The reference to the section under which the

Collector is not acting should be struck out.

66

(d) Except in cases urgency Collectors should not take possession of land acquired,

and therefore should not issue or post any of these notices, until the six weeks

time for appeal stated in section 22(iii) of the Enactment has expired, or if

application for reference to Court is tiled, until the reference has been

determined. After possession of the land has been taken (and the issue of notice

to the Commissioner amounts to constructive possession the Government cannot

withdraw from, the acquisition except by consent of the owners. Claims for costs

and compensation are then difficult to resist.

3. EFFECT OF TAKING POSSESSION:

Action under Section IS and 19 is dependent on possession having been taken under

Section 16 or 17, i.e. taking of possession isa condition precedent to making ofmemorials of

acquisition on the titles and memorials would probably be of no effect if possession of the land

had not been taken. The The effect of the memorials under Section I8 and 19 is different.

( a ) WHOLE LOT ACQUIRED:

If the whole of the lard comprised in a title is acquired the effect of the entry

required to be made under section 18(i) ( h) as the case may be, is that the land is

vested in the Ruler of the State

( b ) PORTION OF LOT ACQUIRED:

If part only of the land is acquired the exact area which would vest in the Rule, is

not known until it has been surveyed. The entry required to be made under this

section is only that a specific approximate area „is being acquired”. The portion

acquired does definitely ascertained by survey and the title is cancelled on

registration of the new title for the unacquired portion under section 19 (iv).

Vesting is then automatic, but until that action is completed in the Government

has legal possession and use of the land only. - See circ. 18/54.

4. FORM OF MEMORIALS:

( a ) WHOLE LOT ACOUIRED:

“Possession of the whole of the Land described herein has been taken under the Land Acquisition Enactment on the …………….. day of …………….19 ………. and the land has vested in the Ruler of the State vide Misc. Doe. Vol ………… Fol……… Presn ………………

Dated this ………………. Day of …………. 19 …………. C.L &M. / C.L.R.”

67

(b) PORTION OF LOT ACQUIRED:

“An area of approximately ………………….. acres of the land described herein

is being acquired and possession thereof has been taken on behalf of the Ruler of

the State on the ……………….. day of …………… 19 …………. vide Misc.

Doe. Vol. ………………. Fol …………. Dated this ………… day of

………… 19 ………..

C.L & M. / C.L.R.”

The date to be entered in the memorials should be the date on which the

Collector takes possession, i.e. the date of the notices.

68

Ref: No. 7 in CLM. 684 / 54 C . L . & M . CIRCULAR NO. 17 OF 1954. ( X X )

FORM OF CHARGE GOVERNMENT LOANS TO OFFICERS

Attached to this Circular is a specimen form of charge incorporating the conditions prescribed in F.G.O. 277 ( c ) ( v ) and 277A ( c ) ( v ) for charges of land given as security for loans under those regulations. The form should be used in all such cases. The State Secretary is being asked to arrange for it to be printed. The attention of Collectors is drawn to the fact that the form is a consolidation of schedules K ( iii ) and P ( I ) of the Land Enactment and that it is a substantial variation from both these forms is that:-

a) As Schedule K ( iii ) it does not follow the statutory from providing for payment of interest at regular intervals and of the principal some in full of a fix date.

b) As Schedule P ( i ) it does not permit a charge to be executed over a portion of land

included in a document of title as this is considered to be unnecessary in the type of transaction for which the form is required.

The addition to clause 9 for use in the form as Schedule K ( iii ) is necessary because section 52 ( i ) Land Enactment contains no provision for foreclosure for breach of covenants. This addition should be deleted when the form is used as Schedule P ( I ) as section 68 ( i ) does provide foreclosure in the event of such breach.


JOHORE.

Johore Bahru, 9th October, 1954. Distribution: To All C.L.Rs ( 5 copies each ) To All A.D.Os of sub-Districts. Chief Surveyor, Johore ( 3 copies ) Hon‟ble Legal Adviser, Johore.

69

Annexture to C . L . & M . Circular 17 / 54

THE LAND ENACTMENT (No.1) SCHEDULE K ( iii )

SCHEDULE P - Form I

MEMORANDUM OF CHARGE

I, .......................................................... being registered as the owner/proprietor + ( subject to the annual rent of $ ...............) of the land held under .................................................. being Lot No. ................ , Mukim/Township/Village ........................ + of ....................... in the district of ............................................. . IN CONSIDERATION of the sum of $ .............. (Dollars .........................................) lent by the STATE SECRETARY JOHORE ( hereinafter called the chargee ) the receipt of which sum I hereby acknowledge do hereby agree; Firstly, that I will pay to him, the said charges the above sum of $ ............................. ( Dollars ................) by .......... equal monthly installments by deduction from my monthly salary, the first of such payments to be made on the last day of ............ 19 ...... , and hereafter on the last day of every succeeding month until the loan is fully paid. Secondly, that I will pay such interest as maybe due on the principal sum outstanding from time to time calculated at one half per centum per mensem together with said monthly installments of the said principal sum to be deducted from my monthly salary; such interest shall be deemed to accrue with effect from the ........... day of ............. 19..... . For the calculation of interest any period of exceeding 15 days but less than a month shall be reckoned as a full month; Thirdly, during the continuance of this charge I will not transfer, mortgage; charge or otherwise deal with or part with the possession of the said land or any part thereof except with the written consent of the chargee previously obtained; Fourthly, that while stationed at .............. I will personally occupy the said land and any buildings thereon and will not permit any person other than a member of my family to occupy the same or any part thereof without the written consent of the chargee previously obtained. Fifthly, that I will keep the buildings now existing on the land or which may hereafter be built thereon fully insured against fire in the name of the chargee with the Company approved by the chargee, and that I will deposit the insurance policy with the District Officer, ........... , together with the receipts for annual premium or renewal as they become due; Sixthly, that I will maintain the buildings now existing on the land or which may hereafter be erected thereon in good repair;

70

Seventhly, that I will utilize the amount hereby loaned for the purpose of and for no other purpose; Eighthly, that the house to be built ( or the erection, re-erection, improvements or extension of the house to be carried out ) will be completed on or before the ............. day of ........... 19 ........

Ninthly, that upon breach of any condition or obligation herein contained or upon my ceasing to be in the service of the Government the whole amount of the principal sum remaining due with interest thereon and any sum due in respect of the cost of fire insurance shall forthwith on demand become due and repayable to the chargee;

And it shall be lawful for the said chargee after the expiration of three month notice

serve upon me at my usual or last known place of abode within the state, to obtain an order from the Collector for the sale of the said land.

And for the better securing to the said chargee the payment in manner aforesaid of the

principal sum and interest, I hereby charge the land above described with such principal sum and interest.

In witness whereof I have hereunder signed my name this .............. day of ....... 19 ..... .

…………………………… Signature

Signed by the above named ................................. in the presence of .......................................... . The signature ........................ was made in my presence this ........... day of ....... 19 ……... and I verily believe that such signature is of the proper hand writing of the person described as ........................... (occupation).

( Name and qualification of attesting witness )

+ Delete alternatives not applicable @ Delete in Schedule P.

71

Ref : No.8 in CLM. 700 / 54:

C.L.& M. CIRCULAR NO.18 OF 1954 (XX)

LAND ACQUSITION POSITION OF PROPRIETOR OF LAND BEING ACQUIRED

C . L & M. Circular 16/54 is an exposition of the rights obtained by the State in the

course of proceedings under the Land Acquisition Enactment. It included a statement as to the

thought to be not entirely correct. The Circular is accordingly amended by deletion of the

words ”although the owner is divested of all rights therein” at the end of paragraph 3 (b).

2. The object of this circular is to clarify the position of a proprietor of land subject to

acquisition proceeding in regard to the right of dealing in the land and the obligation to pay

rent.

3. DEALING REGISTRABLE:

The general position is that proceedings under the Land Acquisition Enactment do not

affect a proprietor‟s legal title or under Section IS or 19 ( iv ) and do not prevent the

registration of any instrument otherwise registrable. Thus a transfer of a registered interest in

land may be registrable at any stage of acquisition proceedings prior to vesting the land in the

Ruler, and where part of a lot is being acquired, the transferable legal interest extends to the

whole of the land comprised in the lot even though possession and use of the part may have

been vested in the Government by memorial under section 19 ( i ).

4. INTEREST TRANSFERABLE:

The extent of interest of “estate” of which a proprietor is competent to dispose, and which

before a transferee can obtain, depends on the State reached in the acquisition proceedings

when the transfer is registered. A memorial under section 6(iv) has a restrictive effect to the

extent that it gives notice on the register that the land is subject to acquisition proceedings and

fixes the date at which the value of the land is to be determined but it does not prevent the

registration of any transaction. Any transfer registered subsequent to this memorial passes the

legal title of the transferor and his right of possession subject to any action by the Collector to

take possession under section 17 or 16. But a transferee‟s position in regard to the acquisition

proceedings differs, depending on whether the transfer is registered before or after the award.

In the former case the transferee becomes a “person interested”: he obtains the right to be

heard at the enquiry ( and he mustbe served with a notice under section 9( iv) ) and the right

receive compensation. In the later he case obtains no rights against the State in respect of the

award. Payment is made to the person named in the award (i.e. the transferor ) against whom

the transferee would have his remedy if necessary.

72

5. DEALING NOT PREJUDICAL TO ACQUISITION PROCEEDINGS:

The fact that dealings maybe registered after a declaration that land is to be acquired does in

anyway prejudice the acquisition proceedings. The risk of award being influenced by fictitious

transactions registered after the publication of the declaration is slight. In considering

relevance of any transaction so registered to the market value of the land at material date under

section 29 ( i )( a ) the Collector would require very strong proof that the transaction was a

bona fide sale negotiated before and influenced by the acquisition proceedings. The fact of

sequent registration would not strengthen the value of such a transaction as evidence.

6. PAYMENT OF RENT:

Land is alienated on title by the State consideration, inter alia, of the payment or rent.

“Rent” is defined as “Whatever is to be rendered on account of the use of occupation of land”.

Section 31 and 32 Land Enactment provide that the rent specified in the title is due on the 1st.

of January each year and must be duly paid. But there is implied covenant by the State that is

consideration of this annual payment it gives to the proprietor for that year undisturbed use

and occupation of the land comprised in the title. When the State takes possession of land by

acquisition proceeding the proprietor retains the legal title until such time as it is cancelled in

manner provided in the enactment but he is legally denied use or occupation of the land by the

State, the entity which granted title and with it use and occupation. He is prevented from that

use and occupation which the State covenanted to give and for which he covenanted to pay

rent. It is therefore held that, immediately the State takes possession of the land under the Land

Acquisition Enactment, the proprietor is entitled to proportionate rent relief in respect of the

period subsequent to the date of taking possession. If he has paid the rent he is entitled to a

proportionate refund. If he has not paid the rent he is only required to pay a proportion of it.

7. ADJUSTMENT FOR RENT RELIEF:

Adjustments be made as follows:

( a ) POSESSION OF WHOLE LOT TAKEN:

The amount of the proportionate rent due for the period subsequent to the of

taking possession will be credited to the proprietor.

( i ) If the full rent has been paid this sum will be refunded.

( ii ) If the full rent has not been paid this sum will be written off and

any balance due will be collected on payment of compensation.

73

( b ) POSSESION OF PART OF LOT TAKEN:

There will be a write off of a sum calculated as follows:

( i ) For the year of acquisition according to the date of taking possession and the area being acquired.

( ii ) For any subsequent year until excision and vesting in the Ruler of

the portion being acquired, according to the area of that portion.

The rent nominally due remains that specified in the title. The rent to be collected in the respect of the proportionate rent due in respect of the land of which the proprietor has use an occupation. The different is the amount written of.

8. LATE FEES.

If late fees become payable in respect of the year in which possession of land is taken

under the Land Acquisition Enactment, the fee should be calculated under land rule l3C

Table II item 20 on the rent actually payable at the date when the arrears arises,

normally 1st June ( Section 87 Land Enactment). Thus,

( a ) If the possession is taken before the 1st of June and the rent is not paid

after that date the late fee should be calculated on the reduced rent

payable was the actual amount which become an arrear.

( b ) If possession is taken on or after the 1st of June and rent has not been

paid, late fee must be calculated on the rent specified in the title not with

standing the fact that the rent actually payable will be reduced. There

were io refund of late fees.

Sgd. (S. ANGUS)

AG. COMMISSIONER OF LANDS & MINES, JOHORE.

Johor Bahru 9 th November 1954 Distribution :-

All C.L.R.s (5 copies each)

All A.D.Os of Sub-districts

Chief of Suryeyor, Johore (5 copies)

Hon‟ble Legal Adviser, Johore

Auditor, Johore.

74

Ref : No. 11 in CLM. 505 / 50.

C.L. & M. CIRCULAR NO . 19 OF 1954 ( x x )

PROSPECTING APPLICATIONS AND SECURITY PROCEDURE There is some evidence that prospecting applications are being frozen in Land Office without any decision being made on them, or alternatively are being refused without proper authority on account of security objections. There is also some evidence of uncertainly as to the stage in investigation of an application at which the security aspect should be considered. 2. The policy is that in regard to new applications security is overriding factor but that prospecting should be permitted if adequate security precautions are praticable and are carried out. Renewal on expiry of existing permits in respect of areas in which the holder has done no prospecting, or in sufficient prospecting during the period of the permit, whether or not this failure is attributable to security conditions, will not normally be approved unless there are strong reasons to the contrary on the particular facts of the case. The period of permits will normally be six month only,unless the type of prospecting required, e.g. by underground shafting, makes a longer period necessary. 3. The procedure for dealing with applications will be as follows :-

( i ) NEW APPLICATIONS

( a ) If the application relates to an area subject to orders under the Emergency Regulations which make prospecting prima facie impossible under any conditions, e.g. Danger Areas under E.R. 19A, the application will be deemed to be withdrawn and the application so informed by the C. L . R . No further action is required. All other cases will be reported for consideration by Executive Council.

( b ) If the area concerned is not closed by such orders D.W.E.C. will consider whether prospecting in the locality proposed is prima facie possible, subject to satisfactory control arrangements, in the light activity already going on in the locality which may be relevant to acceptance of additional security risks.

(c) If D.W.E.C. advises against prospecting on these grounds the C.L.R. will report accordingly to C.L. & M. without further investigation of the application. There should be,wherever possible ,some indication of the nature of the D.W.E.C. objections, e.g. inaccesibility of area, non- availability of ascorts, curfew restrictions, known bandit activity, etc., rather than a vague statement of objection “ on security grounds ” which is often given.

(d) If D.W.E.C. agrees to prospecting in the locality the application will be investigated departmentally and reported to C.L.& M. The C.L.R. should report the D.W.E.C. views on the application.

75

( ii ) APPLICATIONS FOR RENEWAL OF EXISTING PERMITS

(a) All such applications will be investigated and reported to council

(b) Prior reference to D.W.E.C. will be made as in (i) (b) above.

(c) If no prospecting or insufficient prospecting has been done in the preceding 6 months the C.L.R will as certain and report the reason why this was the case and if the reason alleged and denial of entry to the area on security grounds the C.L.R. will ascertain and report whether such entry was in fact asked for and denied,and whether there are any particular reasons in support of the recommendation for renewal.

4. All outstanding applications should be dealt with on this basis. Particular care must be taken where there are conflicting applications that comprehensive recommendations covering them all are made. 5. This procedure applies to all applications for prospecting permits whether the permit would be issue under the Mining Enactment or, in the case of the Forest Reserves, under the Forest Enactment. Sgd: ( S. Angus ) Ag. COMMISSIONER OF LANDS & MINES, JOHORE . Johore Bahru, 21 st.November , 1954. Distribution :- All C.L.R.s ( 5 copies each ) All A.D.Os of Sub - districts Chief Surveyor , Johore ( 5 copies ) Hon „ ble Legal Adviser, Johore. Warden of Mines , Johore. StateForest Officer , Johore. ( SEE ALSO ATTD. CLM (1) 12/CLM. 505/50 ) 14/CLM. “ 17/CLM. “

76

REF : ( 4 ) in CLM. 770 / 54


LAND REVENUE SALES ANNULMENT

A case has occurred in which a petition for annulment of a revenue sale under Section 105 Land Enactment could not be considered by H. H. the regent within the time prescribed by law because the C. L. R. to whom it was addressed did not report the application, merely informing the applicant that he was unable to recommend annulment. 2. It is obviously wrong and may cause injustice that a petitioner cannot get his case

considered by the appropriate authority merely because of C. L. R. fails to report this representations. Collectors have no discretion whatever under section 105 Land Enactment. All applications must be report without any delay.

3. I. L. O. 48 states the Standing Orders on this matter.

S. Angus Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 18th January 1955

77

( 13 ) in CLM. 565 / 54

C. L. & M. CIRCULAR NO. 2 OF 1955

SMALL ESTATE DISTRIBUTION SUITS NOTICE FEES

No fees is payable and no fee will henceforth be charge for services of notices of hearing under Rule 5 ( ii ) of the Small Estates ( Distribution Rules ) 1936 2. The practice of some Land Offices of charging notice fees in these proceeding under Land Rule 13, Table II, Item 18 is unlawful and will cease. Notice fees under this Rue are chargeable only in respect of notices issued under the Land Enactment. 3. The view expressed by C.L.Rs as to whether notice fees in distribution suits should be prescribe are evenly divided. It is not proposed to recommend that such fees should be prescribe on the grounds that any addition to the expense for a distribution suit is likely to make beneficiaries of deceased proprietors even more indifferent than they already are about appling for distribution, with consequent further weakening of the value of title records as evidence of the real as opposed to the merely legal ownership of land.


Distributions : All CLRs Johore All ADOs Sub Districts Johore. Copy to Senior Auditor, Johore

78

( 8 ) in CLM. 751 / 54

C. L. & M. CIRCULAR NO. 3 OF 1955 ( X X )

LAND REVENUE SALES DEFAULT IN PAYMENT BY AUCTION PURCHASER

The Land Enactment requires a purchaser at a revenue auction sale under Part VII to comply with two conditions :-

( a ) To deposit 25% of the amount of his bid in cash immediately on being declared the purchaser ( section 94 ) ;

( b ) To pay the balance of the purchase money “on or before the expiry of 3 months

after the date on which the sale of the land bought by him took place” ( section 95 ).

If the Auction Purchaser fails to make the initial deposit the land must forthwith be put up again and sold. The Collector has no discretion to allow the purchaser time in which to make his deposit. If the Auction Purchaser fails to pay in the balance of the purchaser money within the statutory period of 3 months the deposit is forfeited and there must be a resale in accordance with section 96 and 97. The money is not paid until it is received by the Collector. Dates of posting remittances are not relevant. The Government has no power to extend the time and no application for refund of deposit is admissible. The rule for the computing of time is that 3 months from given date expires on the same date of third month thereafter, or if there is not such date, then on the following day not being a weekly holiday ( Friday in Johore ) or a public holiday. If a resale is required in consequence of default by a purchaser to pay in the balance due, there is a further opportunity for payment of the arrears and fees by or on behalf of the proprietor. Such payment would stop the resale. This position arises from the provision in section 97 that section 91 to 96 inclusive shall apply to a resale. This includes the benefit of section 92.

It is emphasized that before any such resale is held the provisions of section 89 as to the publication of notice must be strictly complied with. Any omission under this section deprives the Collector of jurisdiction to proceed and may render the sale voidable.

Sgd: S. Angus Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 19th March 1955 Distributions : All CLRs Johore All ADOs Sub Districts Johore.

79

Ref : 6 in CLM. 122/55

C. L. & M. CIRCULAR NO 4 OF 1955 ( X X )

USE OF LAND FOR GOVERNMENT PURPOSES

The attention of Collectors is drawn to Johore Government Standing Circular No.22, a copy of which is attached.

2. For the purpose of procedure under this Circular land reserved for a public purpose

under he control of a Government Officer will be deemed to be state land. Reserve land may of course only be used for the purpose for which it has been reserved.

Sgd. ( S. Angus ) COMMISSIONER OF LANDS & MINES, JOHORE. Johore Bahru, 1st. May, 1955 Distribution : All C. L. Rs ( 2 copies each ) All A. D. Os of Sub- districts Chief Surveyor , Johore ( 3 copies ) Hon „ ble Legal Adviser, Johore.

80

Ref: No. 3 in CLM. 229/55 C.L.&M. CIRCULAR No. 5 of 1955

REGISTRATION

LOSS OF TITLES (SECTION 18, LAND ENACTMENT) 1. WHO CAN APPLY There seems to be uncertainity as to what persons are competent to apply under section 18(i) Land Enactment for certified copies of title in replacement of issue documents of title lost, destroyed, defaced, etc. The uncertainity arises from the interpretation of the phrase “person lawfully entitled to the custody thereof”. I rule as follows :-

(a) PERSONS OF COMPETENT TO APPLY

( i ) PROPREITORS

This category includes administrators holding as representative. If there are co- proreitors and the grounds of application are merely that the title is missing, theapplication should be made by all the co-propreitors jointly. Otherwise there is no certainly that the title alleged to be lost is not infect still in existence in the custody of persons not party to the application. This rule would not apply if one of the co-propreitors were in position to affirm the particular circumstances in which the title was actually lost or destroyed.

(ii) PERSONS WITH WHOM THE TITLE HAS BEEN DEPOSITED BY THE

.PROPREITOR.

This category includes only chargees and persons holding by way of lien and attorneys. Other persons such as colicitors and Public Officers often have custody of titles for temporary purposes, but the person entitled to custody remains the propreitor.

(iii ) PERSONS ENTITLED TO CUSTODY OF THE TITLE BY OPERATION OF

LAW OR BY ORDER OF COURT. This category includes receivers, e.g. the Official Assigneein bankruptcy

proceeding, and the liquidator appointed for the purpose of winding up a company.

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(b) PERSONS NOT COMPETENT TO APPLY

( i ) UNREGISTRED PURCHASERS.

A purchaser has no legal right on a title until the dealing is registered. If the I.D.T. is missing his proper course is to apply for dispensation under section III and then having been registered as propreitor to apply under section 18(i) for a certified copy of the title.

(ii) BENEFICIARIES OF DECEASED PROPREITOTRS

Only the administrator of the estate of a deceased propreitor is strictly entitled to the custody of titles comprising the estate until a distribution is effected. It has been the practise to allow benefeciaries to apply presumably because the titles are required to prove the estate on application for administration or distribution. A certified abstract of title is sufficient for this purpose if the I.D.T. cannot be produced. (In the case of proceedings under the Small Estates Enactment proof by the applicant of title in the Mukim Register of the district of the trial Collector is not essential. The colllector can check any such title includedin the application from his own records.) A transmission can be registered without production of I.D.T. and without any affidavit or notice – see section III Land Enactment and Section 10 Small Estates Enactment. A memorial of the transmission should of course always be made on the I.D.T. if it is available, and if it is not produced a note to that effect should be made on the register.

2. SCOPE OF SECTION 18 The section prescribes the procedure for replacement of issue documents of titles only. It is not applicable to any document merely evidencing an approved application, e.g. agreements of occupation, or the old Surat Sementara. 3. PROCEDURE The section make the Collector responsible for action in respect of all forms of title. This is inconvenient in the case of Registry titles. In future on receipt of an application realting to a Registry title the Collector will consider whether or not it is prima facie admissible under para.1 of this Circular. If it is not admissible he will reject it and explain the reason for rejection to the applicant.If it is admissible he will collect the fees and issue a reicept, certify the receipt number on the application and foward the application and it supporting affidavits or statutory declarations in original to this office. Notices will be prepared by the Registry and sent to the Collector on the C.L.&M. file for signature. The Collector will not be concerned in the matter further, unless matters arise which require local investigation, except to deliver a redraft title when ready. In the case of E.M.R. it is desireable that Collectors should reserve to themselves (i.e. not delegate to A.C.L.Rs) the decision as to whether a certified copy may be issued. Attention is drawn to I.L.O. 128 regarding the timing of erquisitions for redrafts.

82

4. FORM OF NOTICE Some of the notices under section 18 seem to be unnecessarily meticulous of detail. One some time ago solemnly recited in the Gazette that the title had been “accidentally given to the dhoby while it was in the applicant‟s trouser pocket for washing” (1310/54). It is sufficient to say in the notice that the title is lost, destroyed or defaced as the case maybe. 5. NEED FOR CARE The following extract from C.L.&M. Circular 16 of 1940 is repeated :- “Section 18 lays it down that the Collector sahll not in any case issue such certified copy unless he is satisfied as to the truth of the affidavit or declaration and the good faith of the applicant‟s. A Collector may require as many affidavits as he considers necessary in any particular case to satisfy himself that the application is genuine. The most obvious danger to guard against is the deposit of the title by way of security and the affidavit must cover this possibility.Again there may be co-propreitors other than the applicant and the title may be in their custody. It is not uncommon to find that there are squabbles amongst co-propreitors and that one of them is retaining the title to prevent another co-propreitor dealing with his sahre on the land. Also titles may already be in the Land Office in connection with some enquire. There may be a note in the Mukim Register regarding the whereabouts of the E.M.R. There are several possibilities, and Collectors before approving the issue of certified copies must explore all such possibilities and they should bear in mind that the issue of such copies may be a preliminary to some fraudulent transection.” 6. CANCELLATION C.L.&M. Circulars 9/40, 13/40 and 16/40 are hereby cancelled.

Sgd: (S. Angus) COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 15th June, 1955 Distribution : All C.L.Rs (2 copies) All A.D.Os os Sub-Districts Chief Surveyor Johore (3 copies) Hon‟ble Legal Adviser, Johore.

83

Ref : No. 7 in CLM. 600 / 49


LAND REVENUE SALE Reversion to Ruler on No Sale

Section 101 Land Enactment provides that reversion to the Ruler of land in respect of which there was no bid at auction under Part VII sufficient to cover the amount due becomes effective only on the expiry 3 months from the date of the attempted sale. 2. This deferment of reversion was introduced into the section by an amendment in 1941, and the accepted interpretation is that the intention was to allow time for the owner to dispute the legality of the proceedings in the event of any irregularities having occurred – not to permit him to defeat reversion by paying the arrears due. The effect is that the land does not become available for re-alienation for 3 months. 3. There is no procedure laid down in the Land Enactment by which the owner can dispute the reversion. An opinion was given by the then Legal Adviser in 1949 that the owner‟s remedy would be to apply to the Supreme Court for an order under section 45 Specific Relief Enactment ( F. M. S. Cap. 5, then applicable to Johore by F. M. Ordinance 9 / 49 ) requiring the Collectors to forbear from making an entry in his Rent Auction sale Book, Which order would have the effect of preventing section 101 from coming into operation. The corresponding section of the specific Relief ( MalayState ) Ordinance 1950 ( F. M. 29 / 50 ) is section 44. 4. If such an order were made the sale proceeding would be a nullity and the owner would be entitled to tender the amount due. 5. In the absence of such an order Collectors will not accept money to tendered in respect of land which has become subject to reversion under section 101. 6. Reversion to the Ruler cannot be annulled under section 105.

7. The former owner is at liberty to apply for realienation after the land has vested in the ruler. The premium should include an element of penalty because the applicant‟s default as owner has put the Government to unnecessary trouble and expense.


Johore Bahru , 20th June 1955 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts

Chief Surveyor, Johore. ( 3 copies ) Hon‟ble Legal Adviser, Johore.

84

Ref : 11 in CLM. 510 / 54

C.L.& M. CIRCULAR NO. 7 OF 1955

LAND USE CONTROL CONDITION OF TITLE FOR E.M.R.

Executive Council has approved the attached schedule of cultivation condition for smallholding as revised at the Land Conferenceon 14.4.55 2. One of the standard condition in the following terms was designed to provide control of short term cropping: “No pineapples, tapioca, or pepper shall be planted or permitted to grow on this

land except with the prior permission of the Collectors of the Land Revenue by endorsement hereon”

The control is to be exercised at the discreation of the Collector and it was agreed at the Land Conference that administrative instructions would be issued for guidance of Collectors in the exercise of this discreation. 3. These instructions are as follows :-

( a ) Alienation of land for pineapple cultivation as a main crop for the canning industry willbe confined to the peat belt in south-west Johore.

( b ) Cultivation of pineapple as a commercial crop will not be permitted outside the

peat belt except where interplanted with tree cropss on flat land. Planting of a few pineapples for domestic consumption can be ignored.

( c ) Cultivation of tapioca will not be permitted except on flat land and where

planting is permissible the area planted will be restricted to 1 acre or 1/8 of the area of the lot, whichever is the greater.

( d ) Pepper cultivation is contigous holding forming large cleared areas on hillsides

will not be permitted. Such condition create serioys risk of erosion. 4. C.L. & M. Circular 7/34, 33/35, 6/36, 10/36, 12/36, 13/36, 3/37, 3/50, and 1/51

are hereby cancelled


Johore Bahru , 20th June 1955 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts


85

FORMS OF CONDITION

CULTIVATION SPEACIAL CONDITION OF TITLE

Padi . . . 1. The land hereby alienated shall be planted solely with

wet rice annually during the rice planting season

Nipah and Rumbia . . . 1. The land hereby alienated shall be cultivated solely with

nipah( or rumbia ). No other product shall be planted or

permitted to grow thereon.

2. The owner shall at all times take such measures on the

land to prevent erosion as the Collector af Land Revenue

may in his discreation required.

Rubber . . . 1. No rubber tree shall be planted or permitted to grow on

the landhereby alienated except material of the species.

Hevea Braziliensisi ( or other species of rubber producing .

Plants ) approved by Land Revenue by endorsement.

hereon.

2. No pineapples, tapioca, or pepper shall be planted or

permitted to grow on this land except with the prior

permission of the Collector of Land Revenue by

endorsement hereon.

3. The owner shall at all times take such measures on the to

prevent erosion as the Collector of land Revenue may in

his discreation require.

Mixed Cultivation . . . 1. No rubber plant shall be planted or permitted to grow on

the land hereby alienated.

2. No pineapples, tapioca, or pepper shall be planted or

permitted to grow on this land except with the prior

permission of the Collector of Land Revenue by

endorsement hereon.

3. The owner shall at all times take such measures on the to

prevent erosion as the Collector of land Revenue may in

his discreation require.

Pineapple. . . 1. No crops other than pineapple and subject as hereinafter

provided such other than crops as may be authorized by

endorsement hereon by the Collector of Land Revenue

may be planted orpermitted to grow on the land hereby

alienated.

2. No tree crops shall be planted or permitted to grow on this

land.

3. The owner shall comply with all direction which may be

given from time to time by the State Agricultural Officer

regarding the standard of cultivation, including the

treatment of the crop in the field and planting or

replanting with approved material, and the depth of

the water table.

4. The owner shall at all time take such measures on the land

to prevent erosion as the Collector of the Land Revenue

may in his discreation require.

( No. Rubber )

86

Ref : 700 / 54 / 13

C.L.& M. CIRCULAR NO. 8 OF 1955 ( XX )

ACQUISITION AWARDS AND REFFERENCES TO COURT

1. MARKING AND INSPECTION OF LAND PRIOR TO ENQUIRY:

The Collector or C.L.R. taking an acquisition enquiry must personally make a detailed inspection of every lot concerned before commencing the enquiry. he must satisfy himself that the land to be acquired has been properly marked on the ground and is correctly shown on the acquisition plan both as to external boundaries and as to internal boundaries of cultivation and that all building on the land are re marked on the plan. He must record on the case file that he has made this inspection and that he is satisfied that the plan is adequate for the proceedings. There have been many cases in which awards have been made without any inspection by the enquiry Collectors, and in some of them compensation has been awarded and paid as land fully planted with permanent crops when in fact there were large vacant areas.

2. LAND USE AS “COMPARABLES” FOR PURPOSE OF VALUATION:

Where sales of the land in the locality are available for use as comparables for valuation

purpose the transaction must be analysed to ascertain the evidence and the land must be

inspected to ascertain its condition at the date of the transaction. All such lands should be put

on to a plan showing their situation in relation to the land being acquired and indexed by serial

number with a schedule giving particulars of the transaction. Appendix A is a specimen of the

kind of schedule required. It is essential to adhere to the principle of comparing like with like,

for instance small developed lots are not directly comparable in value with large undeveloped

lots. The enquiry Collector must personally inspect every lot which he proposes to use as a

comparable and must record on the file that he has done so.

3. REFFERENCE TO COMMISSIONER BEFORE AWARD.

In any case in which a Collector is in serious doubt about an award he may refer to the

Commissioner for advise, and in every case which involves claims to compensation for

severance and injurious or loss of income or the setting off of an increase in the value of other

land owned by the claimant ( under section 29 ( i )(b) ), the Collector must refer to the

Commissioner for advise before making his award. In submitting papers to the Commissioner

in any such case the Collector must include a draft of his proposed award, a statement of the

grounds on which he propose to make it any particular matter on which he seeks advise.

87

4. FORM OF AWARD:

In stating awards in the record of proceedings the matters to be recorded are those set out in section 11 and they must be recorded, i.e.

(a) The approximate area of the land concerned.

(b) The compensation awarded by the Collector.

(c) The apportionment of the compensation the persons known or believed

to be interested.

(d) Costs, if any, incurred in the proceedings.

A separate award and a separate written offer of compensation must be made in

respect of each lot or part of the lot concerned.

The form of the award should be recorded as follows:

“I make an award as follows:

(a) Lot No. (b) Approximate area to be acquired ……………….

(c) Compensation awarded $ …………………………. (d) Apportionment of compensation

$ ……………. to …………..

$ ……………. to …………. etc., etc.

(e) Costs$ ………… to ………payable by …………”

6. BASIS OF AWARD:

Immediately after the record of the award in the note book a note should be made

setting out the basis on which the compensation is determined in relation to the factors

mentioned in section 29 which the Collector is required to take into consideration by section

15, i.e.

(a) Market value of land taken - Section 29(i) (a) -

Under this head the Collector should record any difference in value assessed in respect of specific portions of the land being acquired or any relevant factors under section 30, especially under section 30 ( c).

(b) Severance and injuries affection - Section29(i)(c)&(d).

(c) Betterment-Section29(i)(b).

(d) Expenses incidental to removal in consequence of the acquisition, if any -

88

Section 29 ( i ) (e).

It is emphasized that severance and injurious affection and also betterment relate to other land

or property owned by claimant - not of the land being acquired. It is wrong in principle to

assesscompensation for severance as a percentage of the compensation awarded as value of

land taken. Betterment is established as a fact reduces the amount of compensation to be

awarded.

7. WRITTEN OFFER OF COMPENSATION:

It appears to be the practice in some Land Offices to endorse on written offers of compensation made under section 43 ( i ) Of the Land Acquisition Enactment (Form VI) detailed particulars of how the amount of compensation offered is determined. This practice must cease. No additions whatever should be made to Form VI and no information should be given to persons interested as to the basis on which the award is made. The Collector‟s duty under section 43 (i ) is to make a written offer of the compensation awarded by him. He has no duty to explain the offer to the persons interested and he must not to do so.

8. REFERENCE TO COURT:

A reference to court under section 22 (i ) should be on the lines of the specimen pro

forma attached ( Appendix B). Collectors will be held personally responsible for correctness of

every Land Reference made from their offices. A draft of every reference approved by the

Collector will be submitted to the Commissioner and no reference will be filed in court until

authorized by the Commissioner. The reference must be signed by the officer who made the

award and the grounds of award must be written by him. References should be made up as

appeal book, the pages numbered and the index of them supplied. Six copies are normally

required, 4 being sent to the Assistant Registrar of High Court, I to the Legal Adviser and 1 to

theCommissioner.Theofficer who made the award will be future attend the hearing of the

appeal whether he is called to give evidence or not.

9. GENERAL:

Much more care must be taken in acquisition cases than has generally been done in the

past. Collectors must take personally all acquisitions of town land and all acquisitions of

country land where large areas are involved or difficult claims for compensation on factors

other than market value are expected to arise.

Any officer who makes an award in an acquisition case and cannot explain how he

made it raises doubt as to his personal competence which in future will not be overlooked.

Hitherto this failure appears to have been widely prevalent.

89

Sgd. (S. Angus)

COMMISSIONER OF LANDS AND MINES,

JOHORE.

Johore

Bahru,

14th. September 1955

Distribution

All C.L.Rs (2 copies each)


Chief Surveyor, Johore ( 3 copies)

Hon‟ble Legal Adviser, Johore.

90

Ref : No. 1 in CLM. 430 / 55.

C.L. & M. CIRCULAR NO. 9 of 1955 ( * * )

PROPRIETARY MINING LICENCES PROCEDURE.

1. There appears to be some doubt as to the persons competent to apply for P.M.L. 2. Section 43 of the Mining Enactment provides that P. M. L. maybe issued on the

application of the registered proprietor or lessee of land held under a document of title conferring surface rights only with the express consent of all persons having registered proprietor or lessee of land held under a document of title conferring surface right only with the express consent of all person having registered interests by way of charge or otherwise in the land.

3. The person competent to apply depends on (a) The form of title (b) The Terms of the lease if there is a lease. 4. Land held on E. M. R.. cannot be leased under the Land Enactment. It follows that there

cannot be a lessee and the only person competent to apply for P.M.L. over land held on E.M.R. is registered owner.

5. Land held on other forms of title normally can be leased and the proper person to apply

for P.M. L. in respect of leased land would normally be the lessee. If the lease is in terms which permit the lessee to mine the leased land subject to his obtaining the necessary Licence under the mining Enactment, an application by the lessee does not require to be supported by specific consent of the owner as that consent is expressly given by the terms of the lease. If the lease is in any other terms an application by the lessee or by the owner must be supported by the written consent of the other party to the lease. Collectors must state in reporting such applications that the written consent has been filed where necessary.

Sgd : ( S. Angus ) COMMISSIONER OF LANDS & MINES, JOHORE. Johore Bahru, 6 th, November, 1955 Distribution :- All C. L. R s ( 2 copies each ) All A. D. O s of Sub- districts Warden of Mines, Johore Chief Surveyor, Johore ( 3 copies ) Hon „ble Legal Adviser, Johore.

91

Ref. No. 3 in CLM. 640 / 54


CORRECTION OF NAMES IN MUKIM REGISTER The procedure for dealing with application for correction or change of name stated in Circular No. 12 /54 has been in operation for more than a year and in appears to be generally understood. It is therefore desired to reduce the number of cases referred to the Commissioner. 2. Pursuant to section 34 (iv) Land Enactment, Collectors of Land Revenue are hereby authorized to correct names in the Mukim Register under section 23 (i) in cases where they are satisfied after due enquiry that an incorrect name has been entered on the registered in error. The form issued with Circular No. 12/54 will continue to be used, the Order under para.8 being made by the Collector in such cases. 3. It is emphasized that this power may be exercise only to correct an error on the register. Where a change of name is involved the matter must still be referred to the Commissioner under Section 75(g) Land Enactment. 4. For the purpose of this Circular “Collectors” does not include an Assistant Collector.

Sgd: S. Angus COMMISSIONER OF LANDS & MINES,

JOHORE. Johor Bahru, 9th November, 1955

Distribution: To All C.L.Rs ( 2 copies each ) To All A.D.Os of sub-Districts. Chief Surveyor, Johore ( 3 copies ) Hon‟ble Legal Adviser, Johore.

92

Ref : No. (5 ) in C.L. & M. 290 / 54.

C . L . & M. CIRCULAR NO. 11 of 1955 ( XX )

LICENSING

WATERS ENACTMENT JETTIES WITHIN PORT LIMITS

Where port limits include rivers there may be an overlapping of

Jurisdictions conffered on the Land Office under the Waters Enactment and on the Harbour

Master under the Merchant Shipping Ordinance, 1952, and arrangements are required for

routine consultation between the two authorities.

2. It has been agreed that any application for permission to build a jetty or landing

stage in a river on a site which falls within port limits should be reffered to the Harbour

Master or the Collector of Land Revenue as the case maybe, by whichever authority

receives it before any licence or other authorisation is issued by either

3. Collector should act accordingly. In port limits the primary responsibility is that of the

Harbour Master and approval would not normally be given for any proposal to which

the Harbour Master objects

Sgd : S. Angus COMMISSIONER OF LANDS & MINES JOHORE Johore Bahru. 28 th. November, 1955 Distribution : All C.L.R.s ( 2 copies ) All A.D.Os of Sub-District. The Harbour Master, Johore. The Chief Surveyor, Johore ( 3 copies ) The Hon „ble the Legal Adviser, Johore.

93



TERM OF ALIENATION CINEMA SITES

A number of application have been received for alienation of state land in New Villages for cinemas. 2. Foe reasons of public safety, cinemas must be buildings of substantial construction. The short-term Mukim Lease which is the standard form of title for land in New Villages does not allow sufficient security of tenure for the type of building required. 3. Executive Council has approved that the terms of alienation of StateLand for cinemas should be as follows :- Title - Lease of StateLand under Section 29 Land Enactment. Term 0f Lease - Permanent building 99 years Semi-permanent building 40 years. Premium & Rent - Calculated by the Taiping Formula. Fees - Schceduled Rates. Special Conditions:-

( 1 ) Within 2 years from * ( date of occupation of land )the lease shall build upon the land hereby leased a cinema hall of * ( permanent / semi permanent ) construction and with seating capacity for not less than * …………. Persons according to plans approved by the * ( local authority )

( 2 ) The land hereby leased shall not be transferred, charged, sub-

leased or otherwise disposed of until the building required by the condition first above written has been complete as evidenced by endorsement hereon under the hand of the Commisioner of Lands and Mines.

( 3 ) The lessee will pay and discharge all taxes, rates, assessment and

charges whatsoever which may be payable for the time being in respect of the land hereby leased or any part there of whether levied by a Town Board or any other authority.

Sgd : S. Angus COMMISSIONER OF LANDS & MINES JOHORE

94

Johore Bahru. 15 th. January, 1956 Distribution : All C.L.R.s ( 2 copies ) All A.D.Os of Sub-District. The Harbour Master, Johore. The Chief Surveyor, Johore ( 3 copies ) The Hon „ble the Legal Adviser, Johore

95



REGISTRATION

POWERS OF ATTORNEY It has been ruled that Section 3(20) of the Powers of Attorney Ordinance 1949 (F.M. 64/49) overrides the provisions of Section 48 (iii) and 74 Land Enactment and Section 32 (iv) Mining Enactment in so far as they relate to attestation of Powers of Attorney executed after the commencement of the Ordinance (i.c.1.1.50). The position is that a Power of Attorney executed after that date must be executed and authenticated in the manner prescribed in Section 3(1) of the Ordinance and if so executed must be accepted for the purpose of the above-mentioned section of the Enactment even though not attested in the manner therein prescribed. These section, however, continue in force in relation to Powers of Attorney executed before 1.1.50.


JOHORE. Johor Bahru, 17th January, 1956

Distribution: To All C.L.Rs ( 2 copies each ) To All A.D.Os of sub-Districts. Chief Surveyor, Johore ( 3 copies ) Hon‟ble Legal Adviser, Johore.

96

Ref. No. 49 in CLM. 97 / 54


LAND REVENUE SALES

It has been noticed in some recent Gazette Notification publishing results of land revenue sales that two or more lots owned by the same person have been sold at the same time. 2. The attention of Collectors is drawn to the discretionary power conferred on them by Section 102 Land Enactment to apply any surplus on a sale to the payment of any arrear and cost due in respect of any other land within the district belonging to the same proprietor. 3. Collectors should use this discretion in favour of proprietors whenever they are in a position to do so.

Sgd: S. Angus

Ag. COMMISIONER OF LANDS & MINES, JOHORE

Johore Bahru , 16 February 1956 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts


97

Ref. No. 45 in CLM. 793 / 52


LAND RENT REMISSION ( EMERGENCY AREAS ) ARREARS PRIOR TO REMISSION

Remission of rent due on land of which the owner is denied use and occupation by security, has been allowed with effect from 1952. 2. In some cases where remission has been granted for 1952 and subsequent years, arrears

accrued before 1952 are still outstanding. Instruction have been given that no land is respect of which remission has been granted should be put up sale on account of such arrears for the time being.

3. The land concerned in some such cases is in arrears which have now been declared

white. The rent concession therefore ceases and it is necessary to decide what action should be taken to recover the outstanding arrears. Owners will require time to rehabilitate holding.

4. Executive Council has approved the adoption of the following ruling : -

Where arrears of rent are outstanding on land which has been granted remission, accrued before the date from which remission began, no action for recovery of these arrears will be taken for one year from the date on which remission stops, provided that rent due for that year is duly paid. If the current rent becomes an arrear then action should be taken to recover all arrears in the normal course.

5. Collectors should act accordingly.


Johore Bahru , 12th March 1956 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts


98

Ref. No. 4 in CLM. 793 / 52 - A


LAND RENT REMISSION ( EMERGENCY AREAS ) MINING RENT

Executive Council has approved in principle remission of rent due on mining land on the same conditions as are required to qualify for remission of rent on agricultural land and with effect from the same date, i. e. 1952 2. These conditions and the procedure for submitting recommendations for remission are stated in C. L. & M. Circular 11 / 54. 3. Remission will be granted under emergency powers L. N. 617 / 53 – Emergency ( Remission of Rent ) Regulation 1953.

Sgd: S. Angus


Johore Bahru , 31st March 1956 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts


99

Ref: No. 12inCLM. 122/55

C.L.&M. CIRCULAR NO.6 OF 1956 (XX)

USE OF LAND FOR GOVERNMENT PURPOSES

TEMPORARY OCCUPATION UNDER STATUTORY POWERS

1. POWERS

The Government can take possession of alienated land for temporary purposes without

vesting of the land by acquisition in exercise of statutoty powers under Part VI of the Land

Acquisition Enactment and under emergency powers conferred by Regulation 33 of the

Essential Regulations ( B.M.A.G.N 4 18/46 ) and Regulation 35 of the Emergency Regulations

1951. Part VI of the Land Acquisition Enactment applies only to unoccupied land and the

period for which possession is taken under these provisions is limited to 3 years. The

Emergency powers can be used without limitation of time in respect of any land including

building required for a security purposes. (Essential Regulation 33 can also be used for other

purposes connected with essential services.)

2. FUNCTION OF LAND OFFICES

The position of Land Offices in these proceedings is as follows:

(a) PROCEEDINGS UNDER PART VI LAND ACOUISITION

ENACTMENT

Subject to direction by His Highness the Ruler in Council to act

theCollector is legally responsible for the whole of the

proceedings.

(b) PROCEEDINGS UNDER EMERGENCY POWERS

The Regulation confer no specific function on the Collector. The

competent authority is the Menteri Besar, but by administrative

direction (Johore Government Standing Circular No.22 ) the Land

Office is the channel through which action will be taken, this

being obviously the most effective means of identifying the land

concerned, the persons interested and affecting service. It can be

assumed that the Collector would also be required to advise in

consultation with technical departments where necessary on

claims to compensation.

No offer of compensation will be made by a Collector in any such proceedings except with the

prior approval of the Commissioner.

3. RECORDS

Whatever the form of proceedings the Collector should ensure that a condition report on the

land is made if possible jointly with, and counter-signed by, the owners or other persons

100

interested ( who should be served with written notice requiring their attendance for this

purpose ) both at the time of taking possession and on relinquishment of possession. These

reports are essential for the assessment of claims to compensation for damage. Condition

reports on land requisitioned for the services are made by the Land Agents of the Service

Departments and are not within the category referred top for the purpose of this Circular. The

State Engineer has issued departmental instructions that the P.W.D. will keep records of any

trees of value felled in the course of building operations on land held on temporary occupation

and that compensation for such damage will only be paid through the Collector.

4. COMPENSATION

(a) MEASURE OF COMPENSATION

There are variations in the particular provisions laid down, but the general

principle is that the Government is in the position of a statutory tenant and is

required to pay the persons interested the value of which they are deprived.

Thisincludes payment of rent for use and occupation of land and

compensationfordamage where ascertainable and payable at the time of

takingpossessionorunforeseen and so payable on cessation of occupation.

(b) PROCEDURE

The intention is that compensation should be settled by agreement if possible. In

the event of dispute the procedure is

( i ) PART VI LAND ACOUISITION ENACTMENT

Reference to Court by the Collector under section 45( iii ) or 47.

( ii ) EMERGENCY POWERS

Reference to a Compensation Board appointed under Part VI of the

Essential Regulation either by the Government or the claimant. The

rulesgoverning such reference are Essential Regulations

(CompensationBoard)Rules 1947 M.U.G.N. 6669/29-9-47). The

appointment ofaCompensationBoard for Johore is notified in Federal L.N

129/4-3-54.

(c) INTEREST

Under Part VI Land Acquisition Enactment compensation does not carry interest.

Under Essential Regulation 56 it does from date of accrual to date of payment at

2% per annum (Federal L.N. 155/49).

5. FORMS

There are no prescribed forms for notices of taking possession or restoration of

possessionin these proceedings.

101

(a) PART IV LAND ACQUISITION ENACTMENT

The attached Form A maybe used for the notice under Sec. 45( ii).

(b) REQUISITIONING

The attached Form B ( a printed form ) is used for requisitioning orders. Where

such an order refers to land a plan must be endorsed on it or attached to it. The

attached Form C maybe used for notifying release from requisition.

Sgd.

COMMISSIONER OF LANDS AND MINES,

JOHORE.

Johore Bahru,

3rdApril 1956

Distributions:

All C.L.Rs (2 copies each)


Chief Surveyor, Johore ( 3 copies)


102

FORM „A‟

STATE OF JOHORE

THE LAND ACQUISITION ENACTMENT. 1936

SECTION 45

NOTICE THAT THE GOVERNMENT INTENDS TO TAKE TEMPORARY

OCCUPATION AND USEFORLAND

To,

………………………………

Take notice that the land described in the Schedule here under and delineated

on the plan endorsed hereon is required for temporary occupation and use under Section 45 of

the Land Acquisition Enactment in accordance with a direction made by His Highness the

Sultan in council on ……………………… for a period of ………………………… for

……………………. ( hereby specify the purpose).

All persons interested in the said land or entitle to act for persons so interested

are required to appear personally or by agent before the undersigned on the ………. day of

……….at ………… a.m. at the office of the Collector of Land Revenue , and there to state

the nature of their interest in the land and particulars of any claim to compensation which they

wish to make.

In default of appearance compensation maybe determined ex-parte

Dated at …………….. this ………. Day of ……….. 19 ……….

(Signed) …………………………………

Collector of Land Revenue,

SCHEDULE

District …………………….

Mukim or Township ……………………

Nature and Lot Area of Registered owner or Approximate Area

No. of Title No. Lot recorded occupier required

103

FORM B

THE EMERGENCY REGULATIONS, 1951

( Regulation 35 )

To : …………………………………

………………………………...

………………………………...

Take notice that the virtue of the Powers conferred upon me by Regulation 35 of the

Emergency Regulation, 1951 the …………………………………… set out hereunder is/are

requisitioned with effect from ……………………………...………………………….. for the

use of the …………………………………………………………………………………

Type and location of ……………………………………………………..

……………………………………………………………………………..

……………………………………………………………………………..

delineated in ………………………………………. on the plan endorsed

hereon/annexed hereto.

…………………………….

Menteri Besar‟s Office, Johore, MENTERI BESAR, JOHORE

Johor Bahru.

Dated:

------------------------------------------------------------------------------------------------

FORM C

THE EMERGENCY REGULATIONS, 1951

REGULATION 35

NOTICE OF RELEASE FROM REQUISITION

To: ……………………………

Take notice that ………………………………………………………… (

describe the property )…………………………………………………………………

possession whereof

taken on …………………..………… pursuant to an order made on

……………………………

under Regulation 35 of the Emergency Regulations 1951 , is/are released from requisition

witheffect from ……………………………………………….

(Signed)

……………………………….

MENTERI BESAR,

JOHORE,

Dated: ……………………………..

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THE ESSENTIAL REGULATIONS PROCLAIMATION

(BMA. G.N. 418/28-3-1946)

46. ( 1 )The compensation payable under this Part in respect

of the taking possession of any land shall be aggregate of

following sums, t the following sum, that is to say :

( a ) a sum equal to the rent which might reasonable be

expected to be payable by a tenant in occupation of the

land, during the period for which possession of the land is

retained in exercise of essential powers, under a lease

granted immediately before the beginning of that period,

whereby the tenant undertook to bear the cost of the

repairs and insurance and the other expenses, if any,

necessary to maintain the land in a state to command that

rent, and

(b) a sum equal to the cost of making good any damage to the

land which may have occurred during the period for

which possession thereof is so retained ( except in so for as

the damage has been made good during that period by a

person acting on behalf of His Majesty or of Government),

no account being taken of fair wear and tear or of damage

caused by war operations, and

(c) In a case where the land is agricultural land, a sum equal

to the amount (if any) which might reasonably have been

expected to be payable in addition to rent by an incoming

tenant, in respect of things previously done for the

purpose of the cultivation of the land, and in respect of

seeds, tillagers, growing crops and other similar matters,

under a lease of the land granted immediately before

possession thereof was taken in the exercise of essential

powers, and

(d) A sum equal to the amount of any expenses reasonably

incurred, otherwise than on behalf of His Majesty or of

Government, for the purpose of the compliance with any

directions given on behalf of His Majesty or of

Government in connection with the taking possession of

the land:

Compensation in respect of taking possession of land

105

Provided that -

(i) in computing for the purposes of sub-paragraph ( a ) of this paragraph

the rent which might reasonably be expected to be payable in respect of

any land, and in computing for the purposes of sub-paragraph (c ) of this

paragraph any amount which might reasonably have been expected to be

payable in addition to rent by an incoming tenant, no account shall be

taken of any appreciation of value due to the emergency; and

(ii) here shall not, by virtue of sub-paragraph ( b ) of this paragraph be

payable in respect of damage to any land a sum greater than the

value of the land at the time when possession thereof was taken in the

exercise of essential powers, no account being taken of any appreciation

in the value thereof due to the emergency.

(2) Any compensation under sub-paragraph (a) of the preceding paragraph shall be

considered as accruing due from day to day during the period for which the

possession of the land is taken in the exercise of essential powers, and be

apportionable in respect of time would be entitled to occupy the land but for the

fact that possession thereof is retained in the exercise of such powers; but this

paragraph shall not operate so as to require the making of payments at intervals

of less than one month.

(3) Any compensation under sub-paragraph ( b ) of paragraph (1) of this regulation

shall accrue due at the end of the period for which possession of the land is

retained in the exercise of essential powers, and shall be paid to the person who

is then the owner of the land.

(4) Any compensation under sub-paragraph ( c ) of paragraph ( 1 ) of this

regulation shall accrue due at the time when possession of the land is taken in

the exercise of essential powers, and shall be paid to the person who

immediately before that time, was the occupier of the land.

(5) Any compensation under sub-paragraph ( d ) of paragraph (1) of this regulation

shall accrue due at the time when the expenses in respect of which

compensation is payable are incurred, and shall be paid to the person by whom

or on whose beha1f those expenses were incurred.

47. (1) Compensation under this part in respect of the

doing of any work on any land shall be payable only if the annual value of land is diminished by reason of the doing of the work

(2) The compensation payable under this Part in

respect of the doing of any work on any land shall, in the

first instance be a sum calculated by reference to the

diminution of the annual value of the land ascribable to

the doing of the work, and shall be paid in installments,

quarterly in arrears, to the person who for the time being

Compensation

Respect of

Doing of

On land

106

is entitle to occupy the land.

Any compensation under this paragraph shall be

considered as accruing due from day to day, and shall be

apportion able in respect of time accordingly.

(3) If, at anytime after compensation under the

preceding paragraph, has become payable by

reason of the doing of any work on any land, a

person acting on behalf of His Majesty or of

Government -

(a) causes the land to be restored, so far as

possible, to the condition in which it would

be but for the doing of the work, or

(b) serves on the person for the time being

entitled to occupy the land a written notice

of intention to discharge the liability for the

compensation by making, not earlier than a

date specified in the notice, payment of a

„lump sum‟ in accordance with the

following provisions of this regulation.

The period in respect of which compensation is payable

under the preceding paragraph by reason of the doing

of the work shall end with the date immediately

preceding the date on which the restoration is

completed or, as the case maybe, the date specified in

the notice.

(4) Where, by virtue of the operation of the last

preceding paragraph in relation to any work

done on any land, the period in respect of which

compensation under paragraph ( 1 ) of this

regulation is payable by reason of the doing of

the work comes to an end, then if, at the

expiration of that period, the value of any estate

or interest which a person then as in the land is

less than it would be but for the doing of the

work, there shall be paid to him, by way of

compensation under this part, a sum equal to the

amount of the said depreciation in the value of

the estate or interest; and the compensation shall

be taken to accrue due at the expiration of the

said period.

(5) As soon as maybe after affecting any restoration

or serving any notice in pursuance of paragraph

107

(3) of this regulation, the person by whom the

restoration has affected or the notice was served

shall cause the fact of the restoration or the

contents of the notice, as the case maybe, to be

published in such manner as he thinks best

adapted for informing persons affected.

(6) In determining for the purposes of this

regulation whether the annual value of any land

is diminished by reason of the doing of any work

thereon, and in assessing any compensation

under this regulation in respect of the doing of

any work on any land, it shall be assumed that

the land cannot be restored to the condition in

which it would be but for the doing of the work.

(7) For the purposes of this regulation, no account

shall be taken of any diminution or depreciation

in value „ascribable only to loss of preasesure Or

amenity.

(8) No compensation under this regulation shall, in

relation to any land, be payable in respect of any

period for which possession of that land is taken

in the exercise of essential powers.

(9) In this regulation -

(a) the expression “annual value” means, in

relation to any land, the rent at which

the land might reasonably be expected to

lot from year to year, if the tenant

undertook to bear the costs of the repairs

and insurance and the other expenses, if

any, necessary to maintain the land in a

state to command that rent; and

(b) the expression “diminution of the annual

value” means, in relation to the doing of

any work on any land, the amount by

which the annual value of the land is less

than it would be if the work had not

been done.

108

Ref. CLM. 429/55/5


REGISTRATION MINORS

Difficulties have arisen in regard to the capacity of minors to own land and to deal in land under the Land Enactment in relation to certain other laws, which affect property and the capacity to contract. 2. The position is complex and anomalous but the following instructions will be followed as working rules: (a) DEFINITION OF MINOR For the purpose of this Circular “minor “ means

(i) In the case of a person professing the Muslim religion, a person under 18 years of age.

(ii) In the case of any other person, a person under 21 years of age.

(b) CAPACITY OF MINOR TO OWN LAND A minor can be registered as proprietor of land, e.g. by virtue of a transfer in which he is the transferee. Nevertheless no minor will be registered as proprietor on alienation of StateLand. Thus the principle laid down in I.L.O. 2 (iv) continues in force but its application is modified by the definition of minor stated above.

(a) CAPICITY OF MINOR TO DEAL IN LAND

A minor cannot deal with land in respect of which he is a registered proprietor, nor can anybody else do so on his behalf except under (i) Statutory authority, e.g. Section 68 Land Enactment. (ii) An Order of Court.

(b) SUCCESSION SMALLL ESTATE

No minor will be registered as proprietor of land in succession to a deceased proprietor in distribution of a small estate. The share of a minor beneficiary will be registered in the name of a trustee and the Collector will lodge a caveat to protect the interest of the minor. The date of birth or approximate age of the minor will be stated in the caveat. This procedure is intended by Section 8 (iv) ofthe Small Estate Enactment No. 8/36 and it will be mandatory under section 13(2) of the Small Estates Ordinance (F.M. 34/55) when that ordinance is brought in to force in Johore.

109

(c) Land registered in the name of a trustee on behalf of a quondam miner maybe vested in the beneficiary on attainment of majority by transfer by the beneficiary, or, if that is not possible by an Order on the application of the beneficiary under section 42 Land Enactment.

3. Any difficulties, which may arise in implementation of these instructions, should be

referred to the Commissioner. 4. C.L. & M. Circular No. 6/40 is hereby cancelled.


JOHORE. Johor Bahru, 15th April, 1956

Distribution: To All C.L.Rs ( 2 copies each ) To All A.D.Os of sub-Districts. C.S. (3) L.A.

110

Ref: No 9 in CLM. 13/53.


VALUATION STAMP DUTY

A suggestion has been made that all transfers of land presented for stamping should be referred to the Land Office for a valuation of the land before they are accepted by the Stamp Office. The reason for this proposal is that in view of the use made of the evidence of transfers for valuation proposes it is important that this documents should show the proper value of the land. It is considered that this proposal misconcieved and that some explanation on the matter maybe of assistance to land officers. 2. TRANSFERS AS EVIDENCE OF VALUE The evidence of transfers is used for valuation purposes as prima facie evidence of market value not of the opinions of Land Officers as to what the value should be. If a transfer is stamped on a valuation, not on the consideration stated, that is a fact which reduces the cogency of the transfer as evidence of market value although of course it may be of some relevence that the parties acquiesced in the valuation for purposes of stamp duty. 3. It is well known that the consideration entered is often not the true consideration. There is a tendency to understate it in order to avoid payment of duty and there are occasions when for some ulterior purpose it is overstated. The fefeat these partices in the cases in which government needs to determine value is to maintain efficient lot records of all transections for valuation purposes. The cumulative evidence thus obtained is more cogent evidence than any particular transaction or any opinion of a particular individual. The methods necessary to establish and maintain such records are being considered. 4. BASIS OF CHARGE FOR STAMP DUTY ON TRANSFERS

(a) DEFINITION OF “DUTY STAMP”

“Duty stamped” is defined in section 2 or the Stamp Ordinance. The elements are that the instrument is stamped in the prescribed manner and with stamps of not less than the proper amount.

(b) TRANSFERS ON SALE The basis of charge is prima facie the consideration stated by the parties in the

transfer (section 4 and First Schedule Item 32(a) ). This does not apply if the consideration stated does not amount to valuable consideration, i.e. the transection appears to a confer a substantial benefit on the purchaser. In such a case the basis of charge is the value of the property (section on 16(1) & (3) ).

(c) TRANSFERS BY WAY OF GIFT OR SETTLEMENT INTER VIVOS

111

The charecteristic of transfers in this category is that there is no bona fide monetary consideration for value received. The basis of charge is the value of the property (section 16, and in the case of settlements, First Schedule Item 69).

(d) TRANSFERS FOR NOMINAL CONSIDERATION

There are certain types of special purpose transfers, e.g. those referred to in section 16(4) which are not chargeable with ad valorem duty. It is usual to state a nominal consideration in such transfers and they are liable to nominal duty of RM5.00 only. Thecharecteristic of this type of instrument is that beneficial interest in the property does notpass (cross transfers between co-owners of land to effect a partition are such a case. See first schedule see Item 56).

5. RESPONSIBILITY FOR ASSESSMENT OF STAMP DUTY

The responsibility for deciding whether or not any instrument is duly stamped rests with the Collector of Stamp Duties and from his assessment on appeal lies by way of case stated to the High Court under section 39 of the ordinance. The fact that an instrument has been presented at a Stamped Office and that the stamps thereon have been cancelled does not raise a presumption is raised only by the Collector‟s certificate endorsed on the instrument under section 37.

6. REFERENCE BY COLLECTOR OF STAMP DUTIES TO LAND OFFICE There is no justification for the stamp Office refering as routine every transfer of land to the Land Office for valuation. In general Stamp Office may be expected to make such erferences.

(a) In cases where the prima facie basis of charge being the consideration there is reason to doubt the expressed consideration.

(b) In all cases where the prima facie basis of charge is the value of the land.

In making an adjudication as to duty payable on the basis of value the Collector of Stamp Duties is not bound to accept a Land Office valuation of the land concern. The High Court held in K.L. Civil Appeal No. 10/50 that the opinion of a collector of Land Revenue on value for purpose of stamp duty is admissible evidance but that it is not binding on anybody (including the Collector of Stamp Duties) and it is open to criticism as to its cogency, e.g. by other evidance which may be adduced by the parties to the Collector of Stamp Duties. 7. INSTRUMENTS NOT DULY STAMPED – IMPOUNDING BY LAND OFFICES A Collector of Land Revenue is a “person in charge of a public office” within the meaning of section 51(1). He has a duty under section 51-53 of the Ordinance to exmine instruments produced to him in the performence of his function, e.g. instrument presented for registration, and if it appears to him that an instrument is not duly stamped he must reject it, impound it and send it to the Collector of Stamp Duties for consideration. (When fowarding the instrument the reasons for the action taken should be stated). These section are mandatory but discretion as to whether action under them is necessary in any particular case should be exercised reasonably.

112

8. In general a Collector of Land Revenue would be expected to impound transfers in any of the following circumstances :

(a) TRANSFERS ON SALE

If on his knowledge the consideration stated does not amount to valuable consideration and the transfer appears therefore to be chargeable under section 16.

(b) TRANSFERS BY WAY OF GIFT INTER VIVOS

If the transfers does not bear a certificate of adjudication under section 37 since by section 16(2) no such transfer shall be deemed to be duly stamped without such endorsement.

(c) TRANSFERS FOR NOMINAL CONSIDERATION

If it is not evident from the transfer it self or other documents presented with it that it is liable only to nominal duty, e.g. as a case section 164(4), and the transfer does not bear a certificate of adjudication under section 37. (Difficulties have recently arisen in a number of such cases at the State Registry where in transfers of obviously valuable land a nominal consideration of RM5.00 is stated and the instrument is stamped with a duty of RM5.00, no indication being given in the instrument as to the nature of the transection and there being no adjudication certificate. Such transfers should be rejected and impounded.)

9. ADJUDICATION CERTIFICATE Land Officers cannot go behind a certificate by the Collector of Stamped Duties endorsed on an instrument under section 37 and no instrument so certified can be rejected or impounded under section 51-52 of the Ordinance.

S. Angus COMMISSIONER OF LANDS AND MINES

JOHORE. Johore Bahru, 16th April, 1956 Distribution : All C.L.Rs. (2 copies) All A.D.Os of Sub-districts The Deputy Collector of Stamp Duties, Johore. The Chief Surveyor (3 copies) The Hon‟ble Legal Adviser, Johore.

113

CLM. 120 / 56 / 9

C.L. & M. CICULAR NO. 9 OF 1956 ( <> )

MALAY RESERVATION : RACIAL QUALIFICATION

1. Cases have recently arisen in which application for Land within Malay reservations have been made by person who, although speaking Malay and professing the muslim religion, are doubtfully of true Malay stock. Particular instances which have so far come to light have concerned persons of Arabic birth or extraction but is conceivable that other racial elements are also involved. 2. In order to assist Collectors who receive such applications, or who otherwise need to decide whether any particular individual qualifies as owner, chargee or lessee under the Malay Reservations Enactment, the following opinion by the Legal Adviser, Johore, is circulated :- “ The Malay Reservations Enactment, 1936, defines “ Malay “ as a person :- (a) belonging to the Malay or any Malaysian race, (b) who habitually speaks the Malay or any Malaysian language, and (c) professes the Muslim religion.

The Enactment therefore impose a test of race, and so goes further than old clause 124 of the Federal of Malaya Agreement, which defined a Malay as a person who habitually speaks the Malay language, professe the Muslim religion, and confirm to Malay custom. The critical test is, therefore, ( a ) above, and I would define a Malay or Malaysian race as one indigenous to the Malay peninsular and archipelago: a definition which would exclude an Arab Community if that community is still racially identifiable as such, i.e., if it has nor been subject to such miscegenation with stock as to lose its distinct Arab characteristics. “

Sgd : K.A. BLACKER COMMISSIONER OF LANDS AND MINES,

JOHORE. Johore Bahru, 4th. June, 1956 Distribution: All C.L. Rs ( 2 copies each ) All A.D. Os of Sub-districts Chief Surveyor, Johore ( 4 copies ) Hon‟ble Legal Adviser , Johore.

114

Ref. CLM. 710/54/6

C.L. & M. CIRCULAR NO. 10 of 1956 ( XX)

RIGHT OF WAY UNDER SECTION 6, L.E.

When an application for right of way is received the Collector should ask Commissioner‟s authority under Section 6 ( ii ) Land Enactment to hear the application. The Commissioner if satisfied with the ground of application, will authorise the Collector in the following form :-

THE LAND ENACTMENT ( No. 1 ) Section 6 ( ii )

AUTHORISATION TO COLLECTOR

I, ...................................................................... Commisioner of Lands and Mines, hereby authorise .................................................................... Collector of Land Revenue for the District of .................................................................................. to consider and determine an application by the person ( s ) named in the First Schedule hereto, being the proprietor ( s ) / Occupier ( s ) of the land described therein for a right of way under Section 6 or the Land Enactment over the land described in the Second Schedule hereto. Given under my hand at Johore Bahru , This ...................... day of ..................... 19 .............

FIRST SCHEDULE

District........................................................ Mukim ....................................................... Name of Application LAND OWNER OF OCCUPIED Title or A.O. Lot Form No. No.

115

SECOND SCHEDULE District........................................................ Mukim ....................................................... Title or A.O. Lot Registered proprietor or Form No. No. Approved Occupier

The Collector should prepare the form in duplicate ready for the Commissioner‟s signature on the Land Office file.

Sgd. K A Blacker Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 13th. November, 1956. Distribution All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore.

116

Ref: No. in CLM. 399/56

C . L . & M . CIRCULAR NO. 11 OF 1956

PROSECUTION FOR ILLEGAL OCCUPATION OF STATELAND

Reproduced below is the copy of an instruction issued to his staff by the C.L.R. Batu Pahat. This instruction sums up the principles which should be borne in mind by prosecuting officers and the procedure which should be followed. 2. It is now circulated for the information and assistance of all Land Officers. C.L. Rs and other officers are expected to exercise proper diligence in the preparation for and conduct of proecutions.

“The groups of charges for illegal occupation of StateLand have recently been prosecuted in the Magistrates Courts at Batu Pahat and Yong Peng. The accused who pleaded guilty were in one group fined $100.00or 20 days imprisonment and in the gropu $10.00 or 4 days imprisonment. “2. Both these group of cases involve illegal cultivation on very hilly land with consequent danger of soil erosion. In fact the cases in which the accused were fined $10.00 were perhaps more flagrant than those in which the accused were fined $100.00. The widely different sentences given by the Magistrate could only be due to the facts being badly presented by one or both of the financial status of the accused, and in fact those who were fined $10.00 intended to spend a considerable amount of money on planting the illegally occupied area with rubber.

“3. All A.C.L.Rs should note that when it is decided to bring a prosecution under the

land Enactment the cases must be carefully prepared by the Prosecutor, who should take statement from the Settlement Officer, Agricultural Officer, Foorest Officer, or whoever else is required to give evidence. When the accused plead guilty the Prosecutor should ask the Magistrate to permit him to call such evidence as in required to assist in assessing the gravity of the offence and the financial standing of the accused It is not reasonable to except a Magistrate to be able to asses sentence on a bald and brief statement of the facts.

“4. Cases of illegal occupation of StateLand are particularly serious when permanent

damage is done to the land, for instance when the protective vegetation is removed from steep slopes. It can, if necessary, be proved by the calling of the Penghulu that no one in the District should be unaware that occupation without permission by the Collector of Land Revenue is an offence and that many warnings on the subject have ben given.

“5. It is the duty of all Prosecuting A.C.L.Rs. to see that the Magistrate has sufficient

information to deal with cases properly just as much when they involve illegal occupation of land as when theft or damage to othe types of property is concerned.

117

“6. It is also the duty of all Prosecuting A.C.L.Rs. to report the result of any case to the Collector well within the time limit of 10 days which is laid down in Section 307 ( i ) of the Criminal Procedure Code so that notice of appeal against sentence may be lodge if thougt necessary

Sgd. K A Blacker Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 24th December, 1956. Distribution All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore.

118

Ref: No. 32 in CLM. 684/54

C . L . & M . CIRCULAR NO. 1 OF 1957 ( XX )

CHARGES OF LAND TO SECURE OVERDRAFTS It has recently come to notice that a Collector of Land Revenue accepted for registration against an E.M.R. a Charge substantially in Form III of Schedule P, i.e. one intended to secure the repayment on demand of a Bank Overdraft. 2. I am advised that such a Charge is not substantially in either of the Forms contained in Schedule K (III) which are expressly provided by Section 48(i) for the registration of charges against E.M.R. The importation into the form Charge of a provision for repayment on demand is not ”such variation as the Collector may permit” as it offends against Section 52(i). Further more, the amount covered by the charge is not already lent and ascertained as the time of the giving of the charge. It is described as “up to $ …………../=”. 3. It is incumbent on Collectors to reject any charge of this nature. Any proprietor of land under E.M.R. who wishes to charge his land in this way has his remedy in Section 36 (ii). By this Section he may exchange E.M.R. for grant title against which a charge in Form III of Schedule P be registered.

Sgd: K.A.BLACKER COMMISSIONER OF LANDS & MINES,

JOHORE. Johor Bahru, 17th August, 1957

Distribution: To All C.L.Rs ( 2 copies each ) To All A.D.Os of sub-Districts. Chief Surveyor, Johore ( 4 copies )


119

Ref : CLM . 341/50/12

C . L . & M. CIRCULAR No. 2 of 1957 ( XX )

EXTRACTION OF TIMBER FROM LAND BEFORE ALIENATION

The terms of Instruction 10 of the 1936 I.L.Os, are not sufficiently precise to be of real value and the directive ( 2 ) in CLM. 341/50 is perhaps too rigid to be practicable. In future therefore the following procedure will be observed . 2. Forest products are a great economic asset to the State and, in protecting State interests in areas of State Land Forest about to be alienated, the Forest Department has three particular needs :-

( a ) To preserve access not only to Forest Reserve but also to other areas of StateLand jungle.

( b ) To protect the rights of existing Forest Licences so that they may work out the

period of the licence or alternatively accelerate their working. ( c ) To know of projected alienations in time to arrange for the extraction of all

valuable timber either by issue of new licences or by diversion of contractors from other areas.

It is therefore essential that there should be close liaison between Land Offices and the Forest Department. ALIENATIONS WITHIN THE COMPETENCE OF THE C.L.R ( UNDER I.L.O. 4 ) 3. Settlement Officers when inspecting lands under application will in all cases liaise with the Forest Ranger in charge of the lacality. The Ranger will then indicate whether there is any Forest “interest” in the land or not. If no Forest interest is disclosed then the C.L.R. may proceed to alienate, if he so decides, without further consultation with or notification of the District Forest Officer. 4. When the Ranger indicates that a Forest interest exists the Land Office procedure will vary according to the category of interest disclosed :-

( a ) Preservation of Access. The District Forest Officer will be consulted in all cases so that agreement can be reached once and for all upon the reservation of an access. Thereafter the C.L.R may deal with applications within that area as in para 3.

( b ) & ( c ) Extraction of timber under Licence or otherwise. The C.L.R if he decides to

alienate will notify the District Forest Officer that, unless he receives representation to the contrary, he will alienate the land within ............... month,( a period of, say, from 1 to 3 months as may appear reasonable in the circumstances ). The Forest Department will normally make no objection but the period of notice will enable them to clear the area or - if special circumstances exist - will enable them to address the C.L.R. with a request for postponement.

120

ALIENATIONS REQUIRING REFERENCE TO C . L . & M OR H.H. IN COUNCIL. 5. In all cases which require reference under I.L.O. 4 (ii) and in all cases of alienation on grant title the C.L.R will expressly state whether any forest interest is disclosed or not. Where any such interest is disclosed the C.L.R will consult the District Forest Officer in every case and will in his formal letter of recommendations quote the views of the District Forest Officer. Sgd : ( K.A. Blacker ) COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 21st August, 1957 ALL C.L.Rs ( 2 Copies ) ALL A.D.Os of Sub - Districts C.S. ( 4 ), Hon‟ble L.A.

121

C. L. & M. CIRCULAR NO. 3 OF 1957

RE –ORGANISATION OF LAND ADMINISTRATION IMPLEMENTATION OF “FELTEAD RECOMMENDATIONS”

No major re-organisition such as the complete separation of Land Offices from District Offices and the setting up of a distinct Lands Department is possible until the Emergency situation is such that C.L.Rs. can be relieved of all security duties and that calls upon Lnad Office staff for extraneous duties can be avoided. 2. An assurance has, however, been given in the State Legislative Council that durng 1958 improved office procedures shall be introduced as expeditiously as circumtances permit. The principle of piecemeal chang must be accepted – a logical continuation of the action already taken by which the whole system of revenue collection has been recast.

NEW SYSTEM OF FILE REGISTRATION 3. Directives upon the introduction of new procedures will be issued as a separate series of “Re-organisation Intruction” the first of which will appear in afew days time: its subject will be the revision of the system of registration of correspondence and file movement. Although this instruction will be base on Appendices XVI and XVII of Urwick Orr Repot No.17 further experience with what is there referred to as the “Johore Bahru System” has shown that modification is very desirable, involving in some respects elaboration and in other simplification. A supply of foolscap note books suitable for use as registers has been dispatch to all Land Offices and sub-Offices. These and the Instruction itself should be in the hand of C.L.Rs. on or before 13.12.1957 4. The actual physical work involved in a change from the present system of a single correspondence register to one in which several are used is no great and it hoped that even without notice no office will experience any real difficulty in adopting the new system with effect from 1st January 1958, some degreeof delay and uncerranly will, if necessary, be accept for the first few day. The first essential is trhat the present “omnibus” correspondence register should be abandoned except as a movement record for already existing files : no new entries in it are ta be made after 31.12.1957

ORGANISATION OF LAND OFFICE “SECTIONS”

5. As a necessary prelude to the introduction of this new system of file registration each C.L.Rs., however must forthwith prepare a “shadow” organization on a functional basis as indicated in Appendices IV and V of the above Report No. 17. The term “shadown” is used designedly because until more far-reaching reforms are undertaken , e.g. the use of Action Sheets and Progress Cards ( p. 19 of Report 17 ) there is likely to be little advantage in a complete physical re-organisation of the office and a final allocation of staff to “section” : so long as the actual Land Office work continue to be restricted almost exclusively to files opened before 1958, C.L.Rs. may well prefer to complete as much action as possible according to existing routines. To enable the new File Registers to be opened no more is required than that an experience clerk be appointed to assume immediate charge of teg “shadow” section and of its registers and that each A.C.L.R. should be informed of the specific function or function ( Development, Enforcement, etc., etc. ) allotted to him.

122

6. The section to be established are :- I. GENERAL Function : As listed Appendix IV item A,B,C,D, viz, Planning Developemen,

Enforcement and Valuation - subject to any modifications fied in later Instructions.

Officers: ( i ) To be in the charge of “A.C.L.R. ( Land use )”. This will normally be the present 1st A.C.L.R. as the most experience Land Officer for the largest and busiestsection.

( ii ) Junior A.C.L.Rs to discharge subordinate function.

( iii ) The “General Clerk” in charge will have the majority of the Registers to attend to: he should also maintain the oldCorrespondence Register as a movement record. The present “Correspondence Clerk” will presumable be a first choice. Later, the present Chief Clerk may have to take over.

II. REGISTRATION, RECORDS & CLAIMS

Function : As listed in Appendix IV item E and F

Officers : An experienced A.C.L.R and Registration Clerk.

III. FINANCE & ADMINISTRATION

Function : As in item Hof Appendix

Office : Clerk in Charge

V SETTLEMENT

The existing Settlement Officers remaining under the Charge of the Senior Settlement Officer.

7. C.L.Rs will no doubt find the Table prepared by Mr. Feltead in Appendix XII Part 3-10 os assistance to them, chiefly as showing how one officer may be allocated two, three of four specified function where staff shortages so require : with the present distribution of officers and the continued existence of some sub-offices it is clear that the tables cannot be adopted ad they

123

stand. Sub-officess cannot, of course establish separate “Section” but they must adopt the new system of File Registers.

FURTHER RE-ORGANISATION

8. Owing to the need for obtaining further equipment and for the printing of additional covers and forms, it is not expected that the rationalsation of the procedure for alienations, sub-divisions and acquisitions outlined on page 19 of Report 17 can be introduced for several weeks – at the earliest in February. In the meantime only minimum work on new land applications and sub-divisions will be carried out : detailed directions on this matter will be given in the Instruction. This partial suspension of land activities will provide a breathing space during which the full section organisationcan be built up and the staff familiarized with the new routines. In view of the volume of existing arrears to be cleared there will be no difficulty in finding employment for all officers. So far as possible C.L.Rs should concentrate on disposing of matters which are approaching completion so as to reduce the number of files to be carried on the old Correspondence.

Sgd : ( K.A. Blacker ) COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 26st Decenber, 1957

124

Ref. No. 73 in CLM. 572 / 49 - B


REVISION OF RENT ON DECLARATION OF A TOWNSHIP

Collectors in two districts have enquired whether Country Land newly included in a township or Village is hereby subject to a revision of rent from Country Land rates to town & Village rates by virtue of land rule 13A ( i ). 2. The answer is “No”. land Rule 13A ( i ) and B ( iv ) in their present form were introduced as an integral part of the 30 year Rent Revision under the provisions of Section 4 Land Enactment carried out with effect from 1. 1. 52. All Country lands which since that date have, by virtue of a notification under Section 14 of Land Enactment, became included in the area of a Township or Village will have already experienced one revision as CountryLand on 1. 1. 52 and cannot later be made subject to a further upward revisions as TownLand.

Sgd: ( K. A. Blacker )


Johore Bahru , 7th April 1958 Distributions : All CLRs Johore ( 2 copies ) All ADOs of Sub- Districts


125

Ref : No. 43 in CLM. 581 / 51

C . L . & M. CIRCULAR NO. 2 of 1958( * * )

DEPOSIT ON APPLICATION FOR PROSPECTING PERMITS

The attention of Collectors is invited to L. N. 19 of 20.1.58 and G . N . 343 of 5.4.58 ( copies attached ). 2. The rate of deposit required to accompany all applications for Prospecting Permits within Reserved Forests is hereby fixed at $ 5 per acre. Collectors will take no action upon such applications and take will no reference to the Mine and Forest Departments unless and until a deposit at that rate for each acre applied for has been made . When final recommendations are made to the C. L. & M. the amount which had been deposited in respect of the applications should be stated. 3. Deposit in respect of application already received and not yet considered by Executive Council should be called for and the applicants should be informed that unless they make the deposit within a period of one month their applications would be presumed to have be withdrawn. Sgd : K. A. Blaker , COMMISSIONER OF LANDS & MINES, JOHORE. Johore Bahru, 16 th. April, 1958 Distribution : All C . L . Rs ( 2 each ) All A . D . Os i/c Sub-districts Chief Surveyor , Johore ( 4 copies ) Hon‟ble State Legal Adviser, Johore.

126

Ref No. 104 in CLM. 390/52


RESTRICTIONS ON THE PLANTING OF RUBBER

It has been observed that owners of agricultural land cultivated with crops other than rubber occasionally apply to Collectors for permission to plant rubber and ask for the imposition of the standard express condition covering yhe planting of approved material. Such request are sometimes made even though the title contains no express condition prohibiting the palnting of rubber. The fact that atitle may carry an indication as to the nature of cultivation does not mean to say that the owner cannot plant anything axcept the cultivation indicated in this wway. Unless a title has a written express condition upon it for biddng the planting of rubber the owner can palnt rubber as he pleases and Land Officer have no power either to stop hom or regulate the nature of the planting material used. 2. If the owner of a piece of land which is free from prohibiting condition applies tp the C.L.R for the imposition of an express condition requiring the planting of approved material this may be done since the owner himself has applied. There is, however, no question of rwfusinf request to paln rubber on title which carry no prohibitory condition however suitable or unsuitable tha land may be.

Sgd : M.J.T. McCann Ag. COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 15th. June, 1959 Distribution : All C.L.Rs ( 2 copies )

All A.D.Os i/c Sub - Districts Chief Surveyor, Johore ( 3 copies )

Hon‟ble State Legal Adviser, Johore

127

Ref : ( 4 ) in CLM. 635/52/111


R/S FOR AREAS COVERED BY TOWN PLANNER‟S LAYOUT

The Chief Surveyor has pointed out that under the present system it is the practise of C..L.Rs to foward with their official R/S a copy of the Town Planner‟s Layout and request survey accordingly. No dimensions are supplied, truncations for road corners are not indicated and the Survey Office is left to interpret the layout as best it can into terms which the field surveyor can understand, a process which involves an abnormal amount of scaling from a layout print which has been in action for some time and is usually quite appreciably distorted, Further, it frequently happens that layouts or portions of them are revised or amended but, at the time of submitting R/S , a C.L.R. is perhaps unaware of such amendments of inadvertently over-looks them, and the unamended layout is forwarded with the R/S. It has happened in consequence that a lot of drafting work and even a certain amount of field survey has been wasted on occassion.

2. The problem has been discussed with the State Planning Officer who has aggreed that, while he is unable owing to shortage of staff to prepare the R/S plans in his office, he is prepared to check the tracings against the original plans held by him and to insert thereon the necessary dimensions and any other information which maybe required by the Survey Department. C.L.rs are therefore asked to note, when submitting R/S in respect of land which is covered by a Town Planning layout which has been accepted by the Local Authority concerned, the R/S should be addressed to the Survey Department through the State Planning Officer. Sgd : M.J.T. McCann Ag. COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 22nd. July, 1959 Distribution : All C.L.Rs ( 2 copies )

All A.D.Os i/c Sub - Districts Chief Surveyor, Johore ( 3 copies ) Hon‟ble State Legal Adviser, Johore.

128

Ref : CLM. 221/59

C . L .& M. CIRCULAR NO. 3 of 1959

PAYMENTS OF COMPENSATION ON BEHALF OF C.E.B. The State Auditor recently drew attention ta a case where a Land Office was holding a considerable sum of money without bringin it into account in accordance with the Financial Procedure Ordinance. The money was compensation which the C.L.R had been asked by the Central Elctricity Board to pay on its behalf. C.L.Rs are aware that payments of compensation due under the Land Acquisition Enactment should be made by them, but compensation payable by the Central Electricity Board under section 52, 53 and 54 of the Electricity Ordinance ( No. 30/49 ) is not a matter for Collectors of Land Revenue. Collectors should please note, therefore, that in future they must decline to act as agents of C.E.B. in respect of compensation payments os the type to which this circular refers. 2. This Circular has been discussed and agreed with the Government of Johor. Sgd : M.J.T. McCann Ag. COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru, 29nd. July, 1959 Distribution : All C.L.Rs ( 2 copies )

All A.D.Os i/c Sub - Districts Chief Surveyor, Johore ( 3 copies ) Hon‟ble State Legal Adviser, Johore.

c.c. Secretary, Central Electricity Board, Kuala Lumpur - for information.

129

Ref : No. 36 in CLM. 410/52

C . L .& M. CIRCULAR NO. 4 of 1959 ( XX )

APPICATIONS FOR STATE LAND CONTAINING RUBBER

State land containing old rubber is eligible for rubber replanting grants of $ 600 per acre when alienated. The Commissioner of Lands, Federation of Malaya, advises that such land should normally be alienated by public auction, and not to individual applicants. 2. Exceptions to this general rule maybe allowed where the applicant himself planted the original rubber trees or is a decsendent or connection of the original planter. 3. Collectors of Land Revenue are asked to note the above as a general guide when considering applications for StateLand containing old rubber. Sgd : M.J.T. McCann Ag. COMMISSIONER OF LANDS AND MINES, JOHORE. Johore Bahru. 1st. October, 1959 Distribution : All C.L.Rs ( 2 Copies ) All A.D.Os i/c Sub-Districts Chief Surveyor, Johore ( 3 Copies ) Hon‟ble State Legal Adviser, Johore.

130

Ref : No. 53 in CLM. 191/58

C . L .& M. CIRCULAR NO. 5 of 1959

LAND DEVELOPED UNDER THE RUBBER INDUSTRY (SMALLHOLDERS NEW PLANTING) SCHEME, 1957

Collectors are aware that certain restrictions apply to land developed with grants under the above Scheme under para. 6 of the Sheme. For the reason it is necessary to impose a slightly different set of Express Conditions and Restrictions in Interest than in other cases, as follows:- Express Conditions

1. The land hereby alienated shall be planted solely withrubber trees of the species Hevea Braziliennsis ( or other species of rubber producing plants ), approved by the StateAgricultural Officer, and such rubber trees shall be continuously maintained in a proper manner and according to the methods of good husbandry.

2. The land hereby alienated shall not be subdivided.

3. The owner of the land hereby alienated shall at all time take such measures to prevent erosion as the Collector of land Revenue may in his discretion require.

Restrictions in Interest.

1. The land hereby alienated shall not be transfeered or leased unless such transfer or lease is to a single person. Transfer shall mean and include a transfer between parties or by operation of law or transmission by operation of law.

2. For a period of ten years from . . . . . . . . . . . . . . . . . . . . .. . . . the land hereby

alienated shall be subject to the provisions of the Rubber Industry( Smallholders New Planting )Scheme 1957 and while so subject shall not be transferred or charged or lease without the written consent of the Ruler-in-Council.

As regards Restriction in Interest No. 2, the date to be inserted is the date of payment of the first instalment under the sceme. This applies even if an advance under para. 10 ( 2 ) of the Sceme has been given. 2. I suggest that Collectors have a rubber chop made in small letters incorporating all the above for ease af entry on the documents of title whwn engrossment take place. Sgd : M.J.T. McCann Ag. COMMISSIONER OF LANDS AND MINES, JOHORE.

131

Johore Bahru. 26th .September, 1959 Distribution : All C.L.Rs ( 2 Copies ) All A.D.Os i/c Sub-Districts Chief Surveyor, Johore ( 3 Copies ) Hon‟ble State Legal Adviser, Johore.

132

Ref : No . 15 in CLM. 191 / 58 - K

C . L . & M. CIRCULAR NO. 1 OF 1960( XX )

SURVEY PRIORITIES

C . L . Rs are advised that following agreement reached at the C . L .RS Conference on 20.2.60 the Chief Surveyor has confirmed that the following system of survey priorities is acceptable and will be followed by his office :-

1. ( i ) All aided rural Development Scheme including Land Development Board , Blacker Plan and Rubber New Planting.

( i i ) Alienation or Subdivision for industrial purpose or for low cost

housing in towns and aquisition surveys in town areas. 2. Planned group alienation ( rural ) . 3. ( i ) First alienation for large estates. ( i i ) Government Reserves ( town areas ).

( i i i ) Fringe development ( rural ). ( These will not be undertaken piece-meal or haphazardly but will be tackled in small convenient groups as R / S‟s became available ).

4. ( i ) Goverment Reserves ( rural ) ( i i ) Aquisition surveys ( rural ) 5. New Villages. 6. Mining Leases .

7. Town Sub-divisions other than for industrial or housing development. 8. Rural sub - division. 2. It should be noted that in special cases a particular survey may be advanced in priority after consultation with the C . L . & M. but so far as possible the above list or priorities should be adhered to.

133

Sgd : M . J . T McCan Ag . COMMISSIONER OF LANDS & MINES , JOHORE. Johore Bahru 6 th. March, 1960

Distribution :

All C.L. Rs ( 2 copies )

All A.D.Os Sub - districts

Chief Surveyor , Johore ( 3 copies ) - Your S.S. 262 / 3 of 27. .2. 60 refers.

Hon „ble State Legal Adviser , Johore.

134


C.L. & M CIRCULAR NO. 2 OF 1960 ( XX )

SUBDIVISIONS WITHIN TOWN BOARD AREAS

1. C.L.Rs. are aware that subdivisions within town areas require the approval of the President, Town Council, concerned. he procedure is laid down in para 3( i ) of C.L. & M. Circular No. 14 of 1954. It is essential that sub-divisions within town and village areas should conform to a reasonable plan, wether a town plan exist or not.

2. To simplify the procedure the State Planning Officer has agred that all application for

sub-divisions within town and village areas may in future be reffered direct to him by C.L.Rs for his comments before they are passed to the town authorities. The Presidents of Town Board Councils will then be in a position to take into account the State Planning Officers views when taking action under para 3 ( i ) ( d ) of C.L. & M Circular No. 14 of 1954.

3. C.L. & M Circular No. 14 of 1954, should be amended by deleting para 3 ( a ), ( b )

and ( c ) thereof and substituting the following :-

“ ( a ) C.L.R. refers Land Office file to State Planning Officer who will confirm that the land affected by the subdivision accords with any approved or draft town plan, layout or zoning plan or in the absence of such plans,wether he considers the proposed subdivision suitable and will suggest amendments if necessary. The State Planning Officer will then return the file to the C.L.R. who will refer it to the President, Town Council, concerned for his decision in the light of the State Planning Officer‟s comments”

Para 3 ( d ) should be renumbered “ 3 ( b )”

Sgd. M.J.T. McCann Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 16th. April, 1960. Distribution All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore. All President, Town Council. The Hon‟ble State Secretary, Johore

135

C.L. & M. CIRCULAR NO. 3 OF 1960

ACCESS RESERVES ON SUBDIVISION LAND Dibatalkan. Rujuk kepada Pekeliling 2/61

136

Ref : CLM. 148/60 - A

C.L. & M. CIRCULAR NO. 4 OF 1960 ( <> )

GROUP SETTLEMENT AREAS - CONSOLIDATED ANNUAL CHARGE

Executive Council at its meeting on 14.9.60 approved as standard policy the imposition of a Consolidated Annual Charge of RM10 per acre payable from the year of occupation of the land on smallholdings alienated under the Group Settlement Areas Act 1960, provided these receive no financial assistance from Goverment. If Executive Council in respect of any a particular scheme approves a period of deferment before which no charge need be paid ( normally a six year period of deferment would be acceptable to council if C.L.Rs apply for it ) , the Consilidated Annual Charge payable at the end of the deffered period will be RM12 per acre, provided no other form of Goverment assistance has been given. 2. At an annual rate of RM10 per acre the holder will have paid RM150 for one acre at the end of 15 years. As the total amount payable for premium ( assumed for purposes of the calculation to be RM60 per acre), survey and land office fees plus rent at the old standard rates over this period comes to RM140.50, this means that at the end of 15 years the owner will have completed payment of premium etc., assuming no interest charges. As a standard practise therefore E.M.Rs should be issued at the end 15 years as this is the form of title which, under the Group Settlement Areas Act 1960, must be issued any debts have been repaid. If Executive Council has approved deferred payment of the Consolidated Annual Charge of say, six years, the charge on that account being raised from RM10 to RM12., the E.M.R. will issued at the end of 6 + 15 = 21 years. Until the title is issued the owner‟s name will remain on the Register of Holdings. It should be noted that even after the issued of E.M.R. the restriction on subdivision would continue to apply. 3. Collectors will appreciate that the above two standard rates of RM10 per acre per annum or RM12 per acre per annum will not apply when the land has been felled and burnt with funds loaned by federal Government. The Ministry of Rural Development has calculated that to recover its money in 15 years from the date repayment commences, the Consolidated Annual Charge would be about RM22 per acre during those 15 years. It would drop to the standard RM12 due for a deffered payment scheme, once the Federal Government had been repaid. 4. The standard rates reffered to above are chargeable in perpetuity. The possibility of varying the rates for land inside Malay Reservations is still undecided. For the time being, the above rates are of uniform application.

Sgd. ( M. J. T. McCan ) COMMISSIONER OF LANDS & MINES,

JOHORE. Johore Bahru, 24 th September 1960 Distribution: All C.L.Rs ( 2 copies each ) All A.D. Os i/c Sub-districts Cheif Surveyor, Johore ( 4 copies ) Hon‟ble state Legal Adviser, Johore. See CLM. 493 for Ex. Co approval & calculation arriving at the rates of RM10 & RM12.

137

Ref : CLM. 148/60 - A

C.L. & M CIRCULAR NO. 5 of 1960 ( <> )

LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960 In case Collectors are in any duobt on the subject, the Consolidated Annual Charge leveid under the Group SettlementAreas Act is to be treated as rent and credited to revenue as such immediately on collection. Where the scheme is an unsubsidised one and payment begins from the time of occupation Collectors should be receiving RM10 per acre per annum and crediting to revenue forthwith. Where the scheme is a subsidised one including RM12 per acre per annum as the state element of Consolidated Annual Charge plus an additional sum due as repayment to the Federal Goverment for loans to clear land under contract, the whole Consolidated Annual Charge, i.e. including both State and Federal element will still continue to be credited straight to State revenue as rent. Repayment to the Federal Goverment will be made by suitable adjustment probably throuh raising a vote in the State Estimates for the repayment of Federal loans, but this problem will not arise until the end of the 9 year deferment period. Repayment of survey fees will be similarly dealt with. 2. Section 25 of the Land ( Group Settlement Areas ) Act lays down the implied conditions and obligations which settler must follow. Where the scheme is asubsidised one there will be a supervisor to tell the settlers what planting and other instruction they are to follow, but where the scheme is unsubsidised it is the Collector, as the section states, who is responsible for seeing that the settlers know what they have to do at the time they enter on the land, i.e. if the small holding is for rubber in an unsubsidised scheme, the Collector must tell the settlers at the outset the kind of rubber they must plant and way they plant it. This can be best done by giving each settler ( in Malay if the settler is a Malay ) a copy of the standard special conditions applied to smallholders rubber; if the smallholding is other than rubber the special conditions applying to that particular type of smallholding could be issued in writing to the settler. There is no objection to imposing the standard speacial conditions to the E.M.R. title when it is issued but this will only be some 15 years after the land has been entered and meanwhile the settlers must have no excuse for not cultivating properly a suitable crop. The “ appopriate Crop “ refferd to in section 25 is the one which is gazetted under section 5 of the Act, and settlers must be told what this is. Otherwise they may enter on land which has been gazetted for rubber and plant it with cocunuts and maintain that they have never seen the Gazette or been told of the nature of the crops they should plant. It is the responsibility of Collectors to explain these matters to the settlers.


JOHORE.

Johore Bahru, 17th. December 1960 Distribution: All C.L.Rs ( 2 copies each ) All A.D. Os i/c Sub-districts Cheif Surveyor, Johore ( 4 copies ) Hon‟ble state Legal Adviser, Johore.

138

Ref : No. 12 in CLM. 728/60

C.L. & M. CIRCULAR NO. 1 of 1961 ( * * )

LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960 CONSOLIDATED ANNUAL CHARGE - MALAY RESERVATIONS

The Johore State Executive Council meeting on 7.12.60 and 8.2.61 has given the following direction with regard to the imposition of Consolidated Annual Charge under the Group Settlement Areas Act within Malay Reservation : -

( a ) Where the scheme is subsidised by Government and a determent period allowed for payment of the Consolidated Annual Charge, the usual consolidated whole element of subsidy has been recovered. There after the annual charge will be reduced to RM6 per acre.

( b ) Where the scheme is unsubsidised but a determent period of 9 years has been

allowed before any Consolidated Annual Charge is payable, the annual charge will be at the rate Rm6 per acre.

( c ) Where the scheme is unsubsidised and payment begins from the first years of

occupation, the Consolidated Annual Charge will be at the rate of RM5 per acre. 2. As regard ( a ), this means that the State element at RM12 per acre per annum will be imposed at the end of 9 years determent period for 15 years during which repayment continues, together with the Federal element whatever it may be ( depending on the cost the contract for felling and burning ), which is also repayable over 15 years at the end of the 9 year determent period. 3. C.L. & M Circular No. 6 of 1960 is hereby cancelled.


JOHORE. Johore Bahru, 12th. February, 1961 Distribution: All C.L.Rs ( 2 copies each ) All A.D. Os i/c Sub-districts Cheif Surveyor, Johore ( 4 copies ) Hon‟ble state Legal Adviser, Johore.

139

Ref : No. 40 in CLM.. 148/60-A Ref: No. 24 in CLM. 620/54


ACCESS RESERVES ON SUBDIVIDED LAND The Chief Surveyor has been giving further consideration to the problem of the sitting of accesses on subdivided land. He has agreed to make arrangements in future whereby the sitting of such accesses shall be a matter for inspection by officers of his department. Approval of sub-division by the C.L. & M. will be made subject to such amentments as the Survey Department may require the sub-dividers to make for acces purpose. 2. In view of this development C.L. & M. Circular No. 3 of 1960 should be treated as cancelled. Inspections by Settlement Officers are no longer required, but acces reserves will continue to provided for on subdivisional plans.

Sgd. M.J.T. McCann Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 1st. April, 1961. Distribution All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore. All Gazetted Licensed Surveyors for Information.

140

Ref: No. 55 in CLM. 503/51

C.L.& M. CIRCULARS NO. 3 OF 1961 ( <> )

NOTICE UNDER SECTION 4 OF LAND ACQUISITION ACT. 1960

At the conference of Commissioners of Lands and Mines held in Kuala

Lumpur on 1.6.6 1 it was pointed out that Land Officers in some States are issuing

notices under Section 4 (Form A) of the Land Acquisition Act 1960 where a

declaration under Section 8 only would be sufficient. This has not happened in Johore

but for the information of Collectors I explain below the significance of the provision

under Section 4 for notice in Form A as opposed to the declaration under Section 8

(Form D):

2. A notice under Section 4 is only required to be made when the acquiring

authority is not certain of the approximate area of any lot, or of the lots to be

acquired and when investigations on the suitability of such lots will have to be made

prior to acquisition. A notice under section 5 any public officer to enter upon any

land described in the notice and to do such work as maybe specified therein. Another

advantage in publishing the notice under Section 4 is that the values of lands in that

locality, if such lands are subsequently acquired within a period of six months after

the publication of notice under section 4 are taken as on the date of publication of the

notice under section 4, vide S.1 (1)(a) of the First Schedule. When areas of land to be

acquired are known and there is no need for any investigations to be made there is no

necessity to publish a notice under S.4. All that is necessary is to declare the areas

required under S.8.

3. It will be observed that the provisions of S.4 and Form A stipulate “any land in

any locality” and “in the locality “ described in the Schedule hereto, including those

lands, if any, specified by lot number or by the lot numbers of neighboring lands,

respectively. It is therefore not necessary for the lands to be described by their lot

numbers. It is sufficient if lands likely to be needed are merely described by the

locality in which they are situated or by quoting the lot numbers of the lands

surrounding the area likely to be needed. If such description is used for the notice

under S.4 it will obviate the necessity for Commissioners to quote every lot which is

likely to be needed for this purpose and thereby save much time, labour and printing

space. It is also considered that if any particular lot is not included in the schedule it

would be necessary for the schedule to be amended, as otherwise the investigating

officers will have no right of entry upon such lands.

4. As illustrations, if certain lands are likely to be needed to the purpose of

widening of a road reserve but it is necessary for the officers of the P.W.D. to make

investigations to determine the most suitable alignment for the widening, it would be

sufficient if lands are described thus:“Those lands lying within 2 chains and each side

of the centre line of the Kuala Lumpur - Ipoh road between the 11th and 20th

milestones thereof‟. However if any of the lands are likely to be needed for an

industrial site of an area of 100 acres and it is necessary the suitability of the lands

within a certain locality it would be sufficient if the lands are described thus : “All the

lands situated at Bukit Angin and bounded on the north of lots 1, 2, 3 and on the east

by lots 151, 152, 154 and the south lots 234,235 and on the west by lots 786, 787,

141

788”.

Sgd: (M.J.T. McCann) COMMISSIONER OF LANDS & MINES, JOHORE.

Johore Bahru,

3rd. June 1991

Distribution:

All C.L.Rs (2 copies each) All A. D. Os i/c Sub - districts Chief Surveyor, Johore (4 copies) Hon‟ble State Legal Adviser, Johore.

142

Ref : No. 18 in CLM. 35 / 59

C.L. & M. CIRCULAR No. 4 of 1961 ( X X )

T.O.Ls FOR STREET STALLS It has been decided that, as the sitting and number of Street Stalls is a matter which directly concerns the Local Government Authorities, no. T. O. Ls for such stall should be approved in future without prior reference to the Committee on Local Government. 2. Collectors are therefore requested to forward all applications for T. O. Ls for street stall to the Assistant Secretary Local Government, for submission to the Committee on Local Government. Only after the Committee ha s indicated that it has no objection to the street stall as such, should the Collectors consider whether or not to grant a T. O. L. If in fact the Collector considers that the T. O. L. should not be granted for reasons of land policy he should indicated this when fowarding the application to the Assistant Secretary, Local Government.

Sgd : ( M. J. T. McCann ) COMMISIONER OF LANDS & MINES

JOHORE Johor Bahru, 26th June 1961 Distribution : All C.L.Rs ( 4 copies each ) All A.D.Os of Sud-District. Copy to Chief Surveyor, Johor.

Hon‟ble State Legal Adviser, Johore Asst. Secretary, Local Government. State secretariat, Johore.

143

Ref: No. 67 in CLM. 503/51

C.L.&M. CIRCULAR NO.5 OF 1961 (<>) THE LAND ACQUISITION ACT. 1960

POSSESSION OF PREMISES ON ACQUIRED LAND

Section 20 of the Land Acquisition Act provides that where a Certificate of Urgency has

been issued under section 19 the Collector shall upon taking formal possession as provided in

section 22 of the Act. (i.e. by the service of a notice in Form K), serve notice in Form J upon the

occupier of any building there maybe on the land requiring him to vacate the building within

such period not exceeding 60 days from the date of the notice as maybe specified therein.

2. Once the notice in Form J. has been issued the Collector is obliged to secure vacation of

the building affected within the prescribed period; if it is not vacated within this time he must

take action under section 63 of the Act. It may happen however, that the Government is

proposing to offer alternative accommodation to persons obliged to vacate buildings on

acquired land and is willing to permit them to remain in occupation until such accommodation

is available which may well take more than 60 days. Collector should therefore be careful to

see, where action is being taken under sections 19 and 20 in respect of occupants to whom

alternative accommodation will be offered, that they do not issue notices in Form J until they

are certain that such accommodation will be available within such period not exceeding 60

days from the date of such notice as maybe specified therein.

3. Collectors are, however, reminded that a notice in Form J. must also must served on the

owner of the building as provided under section 20(b). The procedure on taking possession of

the building when the owner accepts or rejects the offer of compensation under section 20 is

provided under section 21. Collector must therefore ensure that where the owner of a building

does not accept an officer of compensation the procedure outlined in section 21(2) must be

strictly complied with.

t.t. (M.J.T. McCann) COMMISSIONER OF LANDS & MINES, JOHORE.

Johore Bahru:

11th September 1961

Distribution: All C. L. RS (2 copies) All A.D. Os i/c Sub-districts Chief Surveyor, Johore (4 copies) Hon‟ble State Legal Adviser, Johore.

144

C.L. & M CIRCULAR NO. 6 of 1961 ( <> )

COLLECTION OF CONSOLIDATED ANNUAL CHARGE IN GROUP SETTLEMENT AREAS

This Circular deals with two matters :

( i ) Collection of Consolidated Annual Charge prior to occupation where no determent has been permitted.

( ii ) Action on default of payment of Consolidated Annual Charge in subsequent

years.

The Circular is primarily intended to explain in position with regard to unsubsidised Group Settlement Areas but applies equally well mutatis mutandis to Group Settlement Areas being Developed by the Federal Land Development Authority and subject to different rates of Consolidated Annual Charge. Collection Prior to Occupation 2. When applicant has been selected by selection Committee and the list of selected applicant approved by His Highness the Sultan in Council on the basis that RM10 per acre per annum is payable from the year of occupation Collectors should issue a notice to each approved applicant in the following form: “ You are hereby notified that your application for land in the ................................ Group

Settlement Areas has been approved. You will be permitted to occupy the .................................. acre plot selected for you on payment of a Consolidated Annual Charge of RM10 per acre = RM................................. This sum must be paid at the office of the Collector of Land Revenue not late than .............................. If payment is not receive by that date it will be assumed that your application has been withdrawn. Your name will be automatically deleted from the list of approved applicants and the land will be allotted to some one else.”

The notice should be in both English and Malay. The period given in the notice should be one month. If a name is struck off for non-payment within the period allowed the land should be allotted to the next person in order of priority on the list considered by the Selection Committee. If there are no names left over from the original list the Ketua or person in charge of the group occupying the area should be consulted to put forward names of alternative applicants when the rest have settled on the land. Action on Default 4. Section 21 of the Land ( Group Settlement Areas ) Act 1960 lays it down that a

Consolidated Annual charge becomes an arrear on the first day of June in any year if not sooner paid. Collectors must check through their card system of holdings which are in arrears on 1st June and take action to serve notice on Form B ( which is provide for under Section 22 of the Act ). on each defaulting holder. For purpose this particular breach, i.e. non-payment of Consolidated Annual Charge, the wording of the notice should be as follows :-

145

FORM B ( ( Section 22 (2) )

NOTICE PRIOR TO RE-ENTRY OF RURAL HOLDING

FOR BREACH OR DEFAULT

1. ............................................... the registered holder of Holding .......................................... Group Settlement area of ................................................................ 2. Whereas you have committed a breach of condition or term of occupation specified hereunder : - Non- Payment of Consolidated Annual Charge of RM10.00 per acre per annum due on

the said Holding of ....................acres, totaling RM ........................................ 3. Take notice that unless within 30 days from the date of this notice you repair or make good the above breach by payment of the total sum due show cause to mu satisfaction why your holding should not forfeited under the Group Settlement Areas Act. 1960 the holding and all title or right in expectation of title will cease and be extinct.

........................................................... Collector of Land Revenue,........................

Authorised Officer Date : .............................................. 4. Collectors will observe that no provision is made for the payment of arrears fee. This is because the Commissioner of Lands Legislation has advised that such a fee cannot be imposed under the Act. 5. It should be noted that once the period allowed for in the notice on the Form B has expired, if payment has not been made, continued occupation of the Holding in question becomes illegal. Collectors must then take action under Section 30 of the Act. Unless there are special reasons Collectors should not prosecute in Court but make use of Section 30 ( 3 ) by arrangement with the police if necessary to carry out summary removal of the occupant from the land.


JOHORE.

Johore Bahru, 16th. December, 1961 Distribution:

All C.L.Rs ( 2 copies each ) All A.D. Os i/c Sub-districts Cheif Surveyor, Johore ( 4 copies ) Hon‟ble state Legal Adviser, Johore. Files - CLM. 728/60 & 493/60

146

Ref : No. 4 in CLM.. 993/61

C.L. & M CIRCULAR NO.1 of 1962 ( <> )

ASSIGNMENT OF RIGHT - F.L.D.A. SCHEMES

Collectors should note that land which is being developed under the control of the Federal Land Development Authority should not be assigned by the recorded occupant as evidenced by A.O. under the Land Enactment or Entry in the Register of Holding under Land ( Group Settlement Areas ) Act, without first consulting the Authority. 2. When the record occupant applies for permission to assign his rights his name and that of the assignee should be forwarded to the Authority which should be given at least one month for its local Manager or representative to investigate the parties concerned and indicate to the collector whether or not the assignee is acceptable from the Authority‟s point of view. 3. If the assignee is acceptable to the Authority assignment may be approved forthwith. If the assignee is not acceptable to the Authority, the C.L.R. should refer the matter with the Authority‟s reasons for objecting, to the Commissioner of Lands & Mines for his decision.


JOHORE.

Johore Bahru, 17th. January, 1962 Distribution: All C.L.Rs ( 2 copies each ) All A.D. Os i/c Sub-districts Cheif Surveyor, Johore ( 4 copies ) Hon‟ble state Legal Adviser, Johore.

147

Ref: 10 in CLM.46/59-J

C.L.&M. CIRCULAR NO. 2 OF 1962

MALAY RESERVATION – ENDORSEMENT OF TITLE

In recent monts there have been a few cases where Lands gazzetted as Malay Reservation were transferred to non-malay and application were made to Executive Council for revocation of the Malay Reserve to give effect to such transfers. As the titles to these lands has not been endorsed under section 7(iii) of the Enactment they had not, strictly speaking, become “Malay Holding”, and council had reluctantly to allow such applications. 2. Collectors are urged that as soon as possible after Malay Reservations are gazetted – either under section 3( i ) or under section 6( iii ) – the title concerned should be endorsed with the required memorial of Maly Reservation. 3. Collectors are requested to go through their records of existing gazatted Malay Reservations and carry out the endorsement of memorials as expenditiously as possible if they find that they have not already done so. 4. Downward revision of rent under Land Rule 13 Table IB (iv) & (v) in respect of lands declared Malay Reservations should be carried out only after the titles concered are endorsed under section 7( iii ) of the Malay Reservations Enactment.

t.t. (Mohd. Ghazalli bin Dato‟ Mahmud)

COMMISSIONER OF LANDS & MINES, JOHORE

Johor Bahru, 12th June, 1962 Distributions: -

All C . L. Rs ( 2 copies ) All A. D. OS i/c Sub-districts Chief Surveyor, Johore (4 copies) Hon‟ble State Legal Adviser, Johore.

148

Ref: (12) in P.T.G 813/63

C.L.&M. CIRCULAR NO. 1 OF 1963 ( * * )

LAND ACQUISITION

ENQUIRY & AWARD OF COMPENSATION

It has come to the notice of Government that inadequate attention is being paid by

Collectors of Land Revenue in the matter of determining awards of compensation for land

acquisition. In a recent case a very high rate per acre of rubber land was awarded on the

ground that the amount was calculated on the basis of a certain formula which was used by the

Treasury Valuer in connection with a land Reference in the Supreme Court. The Assistant

Collector concerned had without discretion followed the formula which bases on 7 years profit

from the land, but he failed to appreciate that the application of the formula should be subject

to various other factors such as the age of trees, condition of land, etc. which are to be taken

into account. This unduly high award has caused embarrassment to Government when another

landowner in a later acquisition claimed the same rate of compensation.

2. In arriving at compensation payable for acquisition Collectors should be guided by the

principles laid down in the First Schedule to the Land Acquisition Act, i.e. market value of the

land on the date of notification under Section 8 of the Act. The best method to ascertain the

market value is to search for recent transactions of comparable land in the vicinity and giving

due allowance to factors such as those stated in paragraph 2 of The First Schedule of the Act. In

this connection attention is invited to paragraphs 2 and 3 of C. L. & M. CIRCULAR No.8/55. 3. Holding of enquiries under the Land Acquisition Act is a matter of great responsibility

which should be discharged by the Collector himself, though in law “Collector” includes

“Assistant Collector”. Paragraph 9 of C . L . & M. Circular No. 8/55stresses on this point

However, if it is unavoidable to entrust this important duty to an Assistant Collector he should

be thoroughly briefed by the Collector whose advise should be sought on the award to be made.

Valuation of land is one of the matters which the Collector may not delegate to an A.C.L.R VIDE

I.L.O. 117

4. C. L. & M. Circulars 7/ 52 and 5 / 54also are relevant.

149

t.t. (Mohd. Ghazalli bin Dato‟ Mahmud)

COMMISSIONER OF LANDS & MINES, JOHORE

Johor Bahru, 11th February, 1963 Distributions: -

All C . L. Rs ( 2 copies ) All A. D. OS i/c Sub-districts Chief Surveyor, Johore (4 copies) Hon‟ble State Legal Adviser, Johore.

150

Ref: No. 47 in CLM. 620/54


TITLE FEES CHARGEABLE ON SUBDIVISION REGISTRY TITLES. It has been brought to my notice that fees charged for titles on subdivision are not uniform in all Land Offices, particularly in the case of titles prepared in singelton for the purpose of surrendering access reserves. 2. The fees chargeable on each subdivisional titles ( Grant, Lease or Certificate of Title ) are

follows:- ( a ) Preparation - item 1 of Table II, L.R. 13 RM4.00 ( b ) Registration - item 2 of Table II, L.R. 13 RM2.00 ( c ) Plan fee - item IV ( a ) of Table IV - A.L.R. 13 RM5.00 _________ RM11.00 3. The heading of Table - 1 states “ Fees for the provision of plans on issue document of

title “ : Note the word “ issue “ . It is therefore not correct to charge plan fee in cases where a title ( Grant, Lease or C.T. ) is prepared in singleton for the purpose of surrendering road reserves - where there is no issue document - and the only fee chargeable for such titles in singleton are :-

( a ) Preparation - item 1 of Table II, L.R. 13 RM4.00 ( b ) Registration - item 2 of Table II, L.R. 13 RM2.00 _______ RM6.00 4. Collectors are generally aware that no fees is charge for the registration of surrender of

access reserves, vide Exemption ( c ) under item 6 of Table II.

Sgd. Mohd Ghazali Bin Dato‟ Mahmud Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 22th. May, 1963. Distribution All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore. Auditor Johore. C.L.F.M., Kuala Lumpur.

151

Ref: No. 49 in CLM. 620/54


SUBDIVISIONS - SURRENDER OF ACCESS RESERVES. In future applications for subdivision should state, wherever appropriate, that owner agrees to surrender to the state free of charge the land covered by access roads as shown on the subdivision plans. 2. In order to overcome the possibility of the owner‟s death or other charges of ownership before the registration of subdivisional titles, the owner should, along with his application, execute a surrender with the sketch of the access endorsed thereon and leaving blank the title and lot numbers to be inserted when they are known.

Sgd. Mohd Ghazali Bin Dato‟ Mahmud Ag. COMMISSIONER OF LANDS & MINES,

JOHOR BAHRU. Johore Bahru 9th. July, 1963. Distribution : All C.L.Rs ( 2 copies each ) All A.D.os of Sub-districts Chief Surveyor Johore ( 4 copies ) The Hon‟ble Legal Adviser, Johore. C.L.F.M., Kuala Lumpur.

152

Ref : 9 in P.T.G. 813 / 63

C . L . & M. CIRCULAR NO. 1 OF 1964( <> )

SURVEYS FOR MINING CERTIFICATES

When land is approved for issue of a Mining Lease , the following procedure should be followed :-

( i ) After approval the mining land application by Executive Council and upon payment of fees by the Applicant the Collector will forward the Requisition for Survey for Mining Lease, preceeded by a Mining Certificate ( if such is required ) to the Survey Department.

( i i ) The Survey Department will examine the Requisition for Survey and decide whether or not a survey is necessary, the Mines Department will be requested to carry out the demarcation survey together with a tracing giving known bearings and distances and indicating which boundaries require surveying.

( i i i ) The Mines Department will cause the Mining Certificate Survey to be carried out by Mining Assistants. The Results of the demarcation survey together with the tracing indicating the bearing and distances of the new boundaries will be returned to the Survey Department.

2. The Survey Department will prepare the Mining Certificate based on the demarcation survey and pass on to the C. L .& M. for registration.

3. If the Mines Department has not the required staff to carry out the demarcation survey , then the Survey Department will carry out the survey if required by the applicant. Licensed Surveyors may be enggaged by the approved applicant to carry out surveys for Mining Certificate and Mining Lease but in every instance the Licensed Surveyor will have to obtain prior permission from the Survey Department to do such surveys.

t.t. ( Mohd. Ghazalli bin Dato Mahmud ) COMMISSIONER OF LANDS & MINES, JOHORE. Johore Bahru 29 th November , 1964 Distribution : All C. L. Rs ( 2 copies each ) All A.D.Os i/c Sub-districts Chief Surveyor , Johore ( 4 copies ) Hon „ble State Legal Adviser , Johore Warden of Mines , Johore C . L . & M . Kuala Lumpur.

Documents

KANDUNGAN - ptj.johor.gov.my · kandungan bil. bil.pek. tajuk syor m.surat 44 13/54 legal notification ² description 56