LAND AND SURVEY DEPARTMENT

a) Alienated Land (AL)

Part IV of the Land Code (Cap 81) empowers the Director of the Land and Survey Department to carry out compulsory acquisition of all alienated land for the Government, Statutory Bodies and Local Authorities for public purposes.

b) Date of valuation

The date of valuation for the purpose of determining the compensation rate payable is stipulated under Section 60 (1) (a) of the Land Code which states the date of publication of the Section 47 or Section 48 of the Land Code notice, whichever is earlier.

2. Native Customary Land (NCL)

a) Section 5 (3) & (4) of the Land Code (Cap 81)

- Provides for the extinguishments of Native Customary Rights over land.Provided that such rights are extinguished in pursuance of this section compensation shall be paid to any person who can establish his claims to such rights in accordance with paragraph (b) and (c); or other land over which such rights may be exercised may be made available to him with or without the payment of additional compensation whether for disturbance, or for the costs of removal, or otherwise.

b) Section 6 (4) of the Land Code

- Is used for acquisition of land which has been gazetted as Native Communal Reserve. Payment of compensation for this type of land is made through the District Officer having jurisdiction over the subject land, to the claimants who occupy the land with the approval of the Ketua Kaum / Masyarakat.

c) Section 15 of the Land Code

- Provides for the voluntary surrender of Native Customary Rights lawfully created over State Land. Provisions shall be made for compensation to the person/s entitled to such rights.

The option for the surrender of Native Customary Rights under section 15 of the Land Code is used only when genuine claimants for NCR can be positively identified and the possibility of the other claimants is remote.

d) Date of valuation

The date of valuation for the purpose of determining the compensation rate payable is not specified under the Land Code. Thus, the valuation for NCL is carried out based on current market value.

Procedures Adopted For Carrying Out Compulsory Land Acquisitions
Alienated Land
Native Customary Land

I Valuation Branch Main Page I

	VALUATION BRANCH *Land and Survey Department*


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Jumaat, 25 Julai 2008		VALUATION BRANCH : Land Acquisition
Objectives Client Charter Organisation Structure Land Acquisition Assessment of Premium and Annual Rent Miscellaneous Valuation Services
		1. Compulsory Land Acquisitions a) Alienated Land (AL) Part IV of the Land Code (Cap 81) empowers the Director of the Land and Survey Department to carry out compulsory acquisition of all alienated land for the Government, Statutory Bodies and Local Authorities for public purposes. b) Date of valuation The date of valuation for the purpose of determining the compensation rate payable is stipulated under Section 60 (1) (a) of the Land Code which states the date of publication of the Section 47 or Section 48 of the Land Code notice, whichever is earlier. 2. Native Customary Land (NCL) a) Section 5 (3) & (4) of the Land Code (Cap 81) - Provides for the extinguishments of Native Customary Rights over land.Provided that such rights are extinguished in pursuance of this section compensation shall be paid to any person who can establish his claims to such rights in accordance with paragraph (b) and (c); or other land over which such rights may be exercised may be made available to him with or without the payment of additional compensation whether for disturbance, or for the costs of removal, or otherwise. b) Section 6 (4) of the Land Code - Is used for acquisition of land which has been gazetted as Native Communal Reserve. Payment of compensation for this type of land is made through the District Officer having jurisdiction over the subject land, to the claimants who occupy the land with the approval of the Ketua Kaum / Masyarakat. c) Section 15 of the Land Code - Provides for the voluntary surrender of Native Customary Rights lawfully created over State Land. Provisions shall be made for compensation to the person/s entitled to such rights. The option for the surrender of Native Customary Rights under section 15 of the Land Code is used only when genuine claimants for NCR can be positively identified and the possibility of the other claimants is remote. d) Date of valuation The date of valuation for the purpose of determining the compensation rate payable is not specified under the Land Code. Thus, the valuation for NCL is carried out based on current market value. Procedures Adopted For Carrying Out Compulsory Land Acquisitions Alienated Land Native Customary Land I Valuation Branch Main Page I