CONDITIONS AND

RESTRICTIONS IN
INTEREST

When the SA has decided to approve any

application for alienation, one of the
matters to be considered upon approval is
that land alienated will be subject to a
category of land use sec. 76(d)
Sec. 52 stipulates that category of land use
that may be imposed by the SA can be either
for the category of agricultural, building or
industry. Endorsement of any one category of
land use shall be endorsed by the SA on the
RDT & IDT sec. 52(1)(b)

WHAT IS CONDITION

Sec. 5 & 103

RESTRICTION IN INTEREST
Limitation or restriction imposed by the SA
on the right of the proprietor to deal with his
land. The common restrictions in interes
imposed by the SA reads as follows:Tanah ini tidak boleh dipindahmilik, dipajak
atau di gadai tanpa kebenaran Pihak
Berkuasa Negeri

TO WHOM CONDITION AND RII IS

BINDING

Sec. 105
Dr Ti Teow Siew & Ors v. Pendaftar gerangeran Tanah Negeri Selangor

SEC. 120

General Powers upon alienation

SEC. 121

Express condition for agricultural

SEC. 122

Express condition for building and industry

SEC. 115

Implied Condition for agricultural

SEC. 116

Implied condition for building

SEC. 117

Implied condition for industry

WHAT IF THE PROPRIETOR WISHES TO USE HIS

LAND FOR A PURPOSE OTHER THAN WHAT IS
STATED IN THE TITLE?

Sec. 124
(1) the proprietor of any alienated land may
apply to SA to vary any of the following:
a. To alter the category of land use
b. To delete the express conditions or RII or
to remove the term padi of any other
expression.
Ba. To remove the term rubber or kampung
and replace with a new expression
c. To amend the express condition or RII

PROVISO

SA mjust satisfy that every person/body who

has registered interest in the land or in
occupation of the land consented to the new
condition/conversion.

(2) Once approved ,SA shall endorse the new

condition on the IDT and the existing
condition deleted.

SEC. 124(5)

In approving the conversion, the SA may

impose:
Payment of further premium
Payment of other charges
Rate a new rent
Compliance with other requirements as the
SA may think fit.

Pengarah Tanah dan Galian WP v. Sri lempah

Enterprise

WHEN BREACH ARISES?

Section 125

Collector of Land Revenue JB v. south

Malaysia Industries

WHAT HAPPEN IF THERE IS A

BREACH OF CONDITION?

Sec. 127(1) (a)

Once a breach of a condition has been made,

the land is liable to be forfeited by the SA

WHAT ARE THE NECESSARY ACTIONS TO

BE TAKENBY SA BEFORE FORFEITURE

SA may have to determine whether the

breach falls under any of the following
categories:i.
Whether the breach is capable of being
remedied by paying a fine only. This
maybe so if the breach is not serious.
ii. Whether the breach is capable of being
remedied by the proprietor within a
reasonable time

ACTION BY SA IF FINE IS
IMPOSED

Sec. 1271(A)(a) F7E

Sec. 127(A)(b)
127 (1B)
127(1C) F7F
1227(3)

ACTION BY IF BREACH IS
CAPABLE TO BE REMEDIED

Sec. 128
Sec. 129(1) serve F7B