Friday, October 29, 2010

Article 87

  1. (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. (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. (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. (4) An appeal shall lie from the Lands Tribunal to the Supreme Court on any question of law. 

Article 87

  1. (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. (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. (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. (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-
  1. (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
  2. (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. 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.
  2. (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.
  3. (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:
Provided that-
    • (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).
  1. (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;
and shall, in accordance with the existing law, immediately declare as a Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.
  1. (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.
  2. (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.
  3. (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.
  4. (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.
  5. (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

  • 1) Nothing in this Constitution shall affect the validity of any restrictions imposed by the law on the transfer or lease of customary land in the State of Negeri Sembilan or the State of Malacca, or of any interesting such land.

  • (1A) For the purpose of Clause (1) -
    • (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.

  • (2) Notwithstanding anything in this Constitution, the existing law in the State of Trengganu with respect to Malay holdings shall continue in force until otherwise provided by an Enactment of the Legislature of that State passed and approved as described in Clause (1) of Article 89.

  • (3) Any such Enactment of the Legislature of the State of Terengganu may make provision for Malay reservations corresponding with the existing law in force in any other State of a ruler; and in that event the said Article 89 shall have effect in relation to Trengganu subject to the following modifications, that is to say-
    • (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

  • 1) There shall be a National Land Council consisting of a Minister as chairman, one representative from each of the States, who shall be appointed by the Ruler of Yany di- Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint, but subject to Clause (5) of Article 95E, the number of representatives of the Federal Government shall not exceed 10.

  • (2) The chairman may vote on any question before the National Land Council but shall not have a casting vote.

  • (3) The National Land Council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year.

  • (4) If the chairman of a representative of a State or of the Federal Government in unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.

  • (5) It shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilisation of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

  • (6) The Federal Government or the Government of any State my consult the National Land Council in respect of any other matter relating to the utilization of land or in respect of any purposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the National Land Council to advise that Government on any such matters. 
  • Article 91

  • 1) There shall be a National Land Council consisting of a Minister as chairman, one representative from each of the States, who shall be appointed by the Ruler of Yany di- Pertua Negeri, and such number of representatives of the Federal Government as that Government may appoint, but subject to Clause (5) of Article 95E, the number of representatives of the Federal Government shall not exceed 10.

  • (2) The chairman may vote on any question before the National Land Council but shall not have a casting vote.

  • (3) The National Land Council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year.

  • (4) If the chairman of a representative of a State or of the Federal Government in unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.

  • (5) It shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilisation of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

  • (6) The Federal Government or the Government of any State my consult the National Land Council in respect of any other matter relating to the utilization of land or in respect of any purposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the National Land Council to advise that Government on any such matters.