- (1) Where any dispute arises between the Federal Government and a State Government as to the making of any payment by or to the Federation under the foregoing Articles of this Chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the Federal Government or of the State Government, to the Lands Tribunal appointed in accordance with this Article.
- (2) The Lands Tribunal shall consist of-
- (a) a chairman, who shall be appointed by the Lord President of the Supreme Court and who shall be, or have been, or be qualified to be a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court;
- (b) a member who shall be appointed by the Federal Government; and
- (c) a member who shall be appointed by the State Government.
- (3) The practice and procedure of the Lands Tribunal shall be regulated by rules of court framed by the Rules Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Supreme Court.
- (4) An appeal shall lie from the Lands Tribunal to the Supreme Court on any question of law.
FEDERAL CONSTITUTION OF MALAYSIA
Friday, October 29, 2010
Article 87
Article 87
- (1) Where any dispute arises between the Federal Government and a State Government as to the making of any payment by or to the Federation under the foregoing Articles of this Chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the Federal Government or of the State Government, to the Lands Tribunal appointed in accordance with this Article.
- (2) The Lands Tribunal shall consist of-
- (a) a chairman, who shall be appointed by the Lord President of the Supreme Court and who shall be, or have been, or be qualified to be a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court;
- (b) a member who shall be appointed by the Federal Government; and
- (c) a member who shall be appointed by the State Government.
- (3) The practice and procedure of the Lands Tribunal shall be regulated by rules of court framed by the Rules Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Supreme Court.
- (4) An appeal shall lie from the Lands Tribunal to the Supreme Court on any question of law.
Article 88
In their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect-
- (a) subject to such adaptations (if any) as Parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other States and
- (b) in the case of the States of Sabah and Sarawak with the omission in article 83 of paragraph (a) of Clause (5).
Article 89
- 1) Any land in State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law until otherwise provided by an Enactment-
- (a) passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than two-thirds of the members present and voting; and
- (b) approved by resolution of each house of Parliament passed by a majority of the total number of members by that House and by the voices of not less than two-thirds of the members voting.
- (1A) Any law made under Clause (1) providing for the forfeiture or reversal to the State Authority, or for the deprivation, of the ownership of any Malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporated) holding the same ceasing to be qualified or competent under the relevant law relating to Malay reservations to hold the same, shall not be invalid on the ground of inconsistency with Article 13.
- (2) Any land in a State which is not for the time being a Malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a Malay reservation in accordance with that law:
-
- (a) where any land in a State is declared a Malay reservation under this Clause, an equal area of land in that State which has not been developed or cultivated shall be made available for general alienation; and
- (b) the total area of land in a State for the time being declared as a Malay reservation under this Clause shall not at any time exceed the total area of land in that State which has been made available for general alienation in pursuance of paragraph (a).
- (3) Subject to Clause (4), the Government of any State may, in accordance with the existing law, declare as a Malay reservation-
- (a) any land acquired by that Government by agreement for that purpose;
- (b) on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land;
- (4) Nothing in this article shall authorise the declaration as a Malay reservation of any land which at time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest.
- (5) Without prejudice to Clause (3), the Government of any State may, in accordance with law, acquire land for the settlement of Malays or other communities, and establish trusts for that purpose.
- (6) In this Article "Malay reservation" means land reserved for alienation to Malays or to natives of the State in which it lies; and "Malay" includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.
- (7) Subject to Article 161a, this Article shall have effect notwithstanding any other provision of this Constitution; but (without prejudice to any such other provision) no land shall be retained or declared as a Malay reservation except as provided by this Article and Article 90.
- (8) The provisions of this article shall apply to the Federal Territory of Kuala Lumpur in the like manner that they apply to a state, save that Clause (1) in its application to the Federal Territory of Kuala Lumpur shall be modified to read that any land in the Federal Territory of Kuala Lumpur which immediately before Merdeka Day was a Malay reservation in accordance in accordance with that law until otherwise provided by an Act of Parliament passed by a majority of the total number of members of each House of Parliament and by the votes of not less than two- thirds of the members present and voting in each House.
Article 90
- (a) "transfer" includes any charge, transmission or vesting, or creation of any lien or trust, or entry of any caveat, or any other form of dealing or disposal of whatever description or nature; and
- (b) "lease" includes any tenancy of whatever form or duration.
- (a) in Clause (1), for the reference to land which immediately before Meredeka Day was a Malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said Enactment, was a Malay holding; and
- (b) subject as aforesaid, any reference to the existing law shall be construed as a reference to the said Enactment.
Article 91
Article 91
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