T E M P O R A RY

O C C U PAT I O N O F L A N D
NAME : KARTHIGAN A/L MALAYARASAN
(182020039)

COURSE NAME : LAND LAW AND REGULATIONS

(GEOM2506D)

LECTURER NAME : SR GS.DR SITI NUR ALIAA

ROSLAN
INTRODUCTION

• Land is a valuable asset to the state as well as to individuals.

• State may not be willing to dispose of land by way of alienation. However, citizens in
the state need land for variety of reasons.
• TOL is a method of disposal that fulfils the needs of the state and individual citizens.
• TOL is basically a legal mechanism to solve non-legal problems
• TOL is a Licence issued by State Land Authority for the temporary use of State land or for
the purpose of the retention of minor encroachment from private properties onto State land.
LEGAL TERMS

GENERAL

 Section 42(1)(c) – Power of disposal by way of TOL

Section 43 - Persons or bodies TOL may be issued to
Section 44 - TOL holders enjoy similar primary rights but not secondary rights
Section 45 - Limitation of rights of TOL holders with respect to minerals, rock
materials and forest produce
LEGAL TERMS
SPECIFIC
 Section 65 - Power of SA to issue TOL with respect to State land,
mining land and reserved land
 Section 66 - Issuing officers
 Section 67 - Duration, conditions, etc. and form of TOL
 Section 68 - Personal nature of TOL – non-transferable Specific
 Section 68A - Deposits Section 69 TOL & permit
DEFINITION
Section 5
Licence issued by State Autority(SA) to person or body to occupy
state land, or reserved land or mining land temporarily for some
restricted and limited purpose.
“A licence, permission, of a temporary nature, granted by SA for
some restricted and limited purpose, for which otherwise the
occupant would have become a trespasser or illegal squatter, if not
for the licence.”
TOL is a licence to occupy land for temporary period of time and
for a specific purpose
POWER TO ISSUE TOL
Section 42(1) - The SA shall have power under this Act

Section 42(1)(c) - To permit the occupation of State land, reserved

land and mining land issued under TOL

Section 65(1) - The SA may … permit the temporary occupation under

licence of:
a) State land
b) Mining land
c) Reserved land 
TOL ISSUING AUTHORITY
Section 66 (a) - State Land by Land Administrator

Section 66 (b) - Mining Land by

i. Land Administrator
ii. Director of Mines
iii. Person/body entitled to the benefit
Section 66 (b) - Reserved Land by
i. Land Administrator
ii. Officer In Charge of the reserved land
DURATION OF TOL
• Section 67(1) - every TOL shall be issued for a term expiring not later than
the end of the calendar year in which it commences Except
where section 69 applies
• Date of commences and expiration
Example 1
Date of commencement - 7 July 2005
Date of expiration - 31 December 2005
• The licence is renewable annually to a maximum of three years.
• Any renewal after the period of three years must be with approval of
the SA.
DURATION OF TOL
• Where TOL is issued in combination with permit to extract
and remove rock materials, the duration may be for a
maximum five years or such greater period as prescribed.

• Where the purpose of the licence is for public

entertainment or exhibition(Fun Fair), TOL may also be
issued for specified terms according to the requirements or
circumstances. 
USAGE OF TOL LAND

Section 65(2) - Any purpose other than that prohibited by section 42(2)
Section 42(2) - In general, the use of TOL land may be divided into:
1. Ordinary use: a. Cultivation
b. Residential Application
Form 4A
2. Special use: a. Public entertainment
b. Processing of rock materials Application Application Form
4B
TOL CASES
Mohamed v Kunji Mohidin [1966] 2 MLJ 24
• The plaintiff was the holder of a temporary occupation licence of a small plot on a piece of
land for a house site and also a licence to pluck coconuts from 34 trees on the land.
Subsequently the defendant obtained a temporary occupation licence in respect of the
same piece of land for the purpose only of rearing poultry. The defendant came on to the
land and cut down 16 coconut trees, 4 rambutan trees, 4 jackfruit trees and 2 guava trees.
The plaintiff was awarded $2,000 by way of damages for trespass in the Sessions Court and
against this judgment the defendant appealed.
• Held: The plaintiff had a valid licence to pluck coconuts from the trees and was therefore in
possession and entitled to bring the action for trespass.
• Explanation: Use of TOL land - Two TOLs for two different purposes may
be issued with respect to a piece of land 
Govindaraju v Krishnan [1962] MLJ 334
• The appellant whose premises stood on State land of which he was in lawful possession under a
Temporary Occupation Licence rented two rooms to the respondent at a monthly rent of $30. This tenancy
was duly determined by a notice in writing. Though the tenancy was not one protected by the Control of
Rent Ordinance, 1956, the respondent refused to deliver up possession arguing that the tenancy was
illegal, void and of no effect because the appellant was only the holder of a Temporary Occupation
Licence over the premises. The learned President held that this was a dealing with the Temporary
Occupation Licence and any dealing with such a licence was prohibited by rule 41 of the Land Rules.
• Held:
• 1) The wording of rule 41 of the Land Rules was that no licence for the temporary occupation of State
land shall be transferable. "Dealings" which do not amount to a "transfer" are not therefore caught by the
rule; 2) The letting of two rooms on the premises did not amount to a transfer of the licence;
• 3) As the respondent admitted that he was a monthly tenant, Section 116 of the Evidence Ordinance
applied and he was estopped from denying that he was a tenant;
• 4) The tenancy having been lawfully determined, the respondent was a trespasser against whom the
appellant was entitled to an order for possession.
Explanation - Right to grant tenancy - TOL holder may grant tenancy the land or the premises
on the land 
• Hee Cheng v Krishnan [1955] 1 MLJ 103
• The plaintiff in this case claimed for specific performance or
alternatively for damages for a breach of contract entered into
between him and the defendant for the purchase of a house built
upon a piece of land in respect of which a Temporary Occupation
Licence was issued. Held: The alleged contract was in fact an
attempt to sell and to purchase defendant's rights under the
Temporary Occupation Licence and therefore unlawful by reason of
s. 24 of the Contracts (Malay States) Ordinance, 1950.
Explanation : No right to sale - Sale of house on TOL land is similar to sale
of TOL
THANK
YOU