This document discusses conditions and restrictions on land under the National Land Code 1965. It defines implied conditions for agricultural, building, and industrial land regarding allowed uses and timelines to commence activities. Express conditions and restrictions in interest can be imposed by the State Authority. Breach of conditions can result in forfeiture of the land to the State. The State Authority also has options to impose fines or temporarily take possession in lieu of forfeiture in some cases.
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
KSSIDC Ltd is responsible for setting up industrial estates and providing infrastructure like sheds, electricity, water, and roads in Karnataka. It has established 165 industrial estates across the state. One of its activities is procuring and distributing industrial raw materials to small-scale industries. When acquiring land for industrial estates, KSSIDC follows the procedures outlined in the Land Acquisition Act, including investigation, addressing objections, determining compensation, and allowing appeals to courts. Immovable property includes things like land, buildings, and hereditary rights that are fixed and attached to the earth. The sale of immovable property requires a registered sale deed and follows rules in the Transfer of Property Act regarding title, execution, consideration, and registration.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Conditions and restrictions in interestAhmad Rasdi
The document discusses land use categories and conditions that may be imposed by authorities when approving the alienation of land. The State Authority can designate land as being for agricultural, building, or industrial use and endorse this on land titles. Standard conditions placed on land titles prohibit transferring, leasing, or mortgaging the land without government permission. The proprietor may apply to change the designated land use category or remove/amend conditions. The State Authority must ensure all interested parties consent before approving any changes. Payment of premiums or other costs may also be imposed for conversions. Breach of conditions can lead to forfeiture of the land.
The document discusses land use categories and conditions that may be imposed when land is alienated by the State Authority (SA). It outlines how the SA can endorse categories of agricultural, building, or industry land use. The SA can also impose limitations on transferring, mortgaging, or leasing the land without SA permission. The document then examines options for varying the land use category or conditions and the process for determining a breach of conditions that could result in land forfeiture.
Conditions and restrictions in interestHusna Rodzi
The document discusses land use categories and conditions that can be imposed on alienated land in Malaysia. It explains that the State Authority (SA) can impose categories of agricultural, building, or industry land use when approving an alienation application. The SA can also impose limitations on the proprietor's ability to transfer, mortgage, or pledge the land without state permission. The SA has powers to impose express or implied conditions depending on the land use category. A proprietor can apply to the SA to vary the land use category or conditions, and the SA may approve conversions with additional payments or compliance with other requirements. A breach of conditions could result in the land being forfeited by the SA.
The document discusses key concepts in Malaysian land law, including:
- The Torrens system of land registration was introduced in the Federated Malay States, establishing indefeasible title and requiring all land dealings to be registered.
- The National Land Code of 1965 (NLC1965) classifies land as town, village, or country land, and establishes rules for different land uses including agriculture, building, and industry. It abolished adverse possession and guarantees indefeasibility with exceptions.
- The NLC1965 recognizes certain registrable dealings like transfers, leases, charges, and easements, which must be executed using the specified forms, as well as unregistrable but recognized dealings and un
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
KSSIDC Ltd is responsible for setting up industrial estates and providing infrastructure like sheds, electricity, water, and roads in Karnataka. It has established 165 industrial estates across the state. One of its activities is procuring and distributing industrial raw materials to small-scale industries. When acquiring land for industrial estates, KSSIDC follows the procedures outlined in the Land Acquisition Act, including investigation, addressing objections, determining compensation, and allowing appeals to courts. Immovable property includes things like land, buildings, and hereditary rights that are fixed and attached to the earth. The sale of immovable property requires a registered sale deed and follows rules in the Transfer of Property Act regarding title, execution, consideration, and registration.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Conditions and restrictions in interestAhmad Rasdi
The document discusses land use categories and conditions that may be imposed by authorities when approving the alienation of land. The State Authority can designate land as being for agricultural, building, or industrial use and endorse this on land titles. Standard conditions placed on land titles prohibit transferring, leasing, or mortgaging the land without government permission. The proprietor may apply to change the designated land use category or remove/amend conditions. The State Authority must ensure all interested parties consent before approving any changes. Payment of premiums or other costs may also be imposed for conversions. Breach of conditions can lead to forfeiture of the land.
The document discusses land use categories and conditions that may be imposed when land is alienated by the State Authority (SA). It outlines how the SA can endorse categories of agricultural, building, or industry land use. The SA can also impose limitations on transferring, mortgaging, or leasing the land without SA permission. The document then examines options for varying the land use category or conditions and the process for determining a breach of conditions that could result in land forfeiture.
Conditions and restrictions in interestHusna Rodzi
The document discusses land use categories and conditions that can be imposed on alienated land in Malaysia. It explains that the State Authority (SA) can impose categories of agricultural, building, or industry land use when approving an alienation application. The SA can also impose limitations on the proprietor's ability to transfer, mortgage, or pledge the land without state permission. The SA has powers to impose express or implied conditions depending on the land use category. A proprietor can apply to the SA to vary the land use category or conditions, and the SA may approve conversions with additional payments or compliance with other requirements. A breach of conditions could result in the land being forfeited by the SA.
The document discusses key concepts in Malaysian land law, including:
- The Torrens system of land registration was introduced in the Federated Malay States, establishing indefeasible title and requiring all land dealings to be registered.
- The National Land Code of 1965 (NLC1965) classifies land as town, village, or country land, and establishes rules for different land uses including agriculture, building, and industry. It abolished adverse possession and guarantees indefeasibility with exceptions.
- The NLC1965 recognizes certain registrable dealings like transfers, leases, charges, and easements, which must be executed using the specified forms, as well as unregistrable but recognized dealings and un
The Land Acquisition Act 1960 allows the government to acquire private land for public purposes, such as infrastructure and development projects. Compensation is required to be provided to the land owner. Compensation amounts are determined based on the market value of the land and may also include amounts for issues like severance of remaining land, loss of business, relocation costs, and any increase or decrease in land values due to the purpose of acquisition. The Act aims to ensure land owners are financially compensated to the same level as if their land had not been acquired, following principles of fairness and adequate compensation under the Malaysian Constitution.
This document summarizes new rules introduced by the Government of Bangladesh regarding land allotment by the Dhaka Improvement Trust. The key points are:
1. A new rule (13A) has been added that allows the Trust to allot plots to individuals who have made remarkable contributions to government or public service, as determined by the government.
2. Allotments under the new rule can only be made if an application is submitted and the government recommends the allotment.
3. The new rule is being added notwithstanding provisions in Chapter 1 of the original rules, but is still subject to the conditions of Rule 9 regarding current land ownership.
The document discusses strata titles in Malaysia. It begins by explaining what strata titles are and how they differ from conventional land titles by relating to cubic spaces in buildings rather than surface areas of land. It then discusses the need for strata titles due to population growth and increased demand for housing. The key laws governing strata titles - the Strata Titles Act 1985 and corresponding laws in Sarawak and Sabah - are also outlined. The document goes on to explain the process for applying for and obtaining strata titles, including submitting applications, approval conditions, and issuance of strata titles. It closes by noting some potential problems with processing strata title applications.
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
This document summarizes subsidiary rights under the National Land Code 1965. It discusses that mineral, rock material and forest produce on land are property of the State and do not pass to the proprietor or lessee. The proprietor, lessee or licensee has limited rights to extract and use rock material and forest produce within land boundaries but requires additional permits to remove them beyond boundaries. They also require mining leases to extract metals and minerals. The document further outlines rights of access reserved for the State Authority on alienated land.
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
"As you are aware that Capital Gain Tax is charged on transfer of Capital Assets under provisions of Section 45 to 55A of the Income Tax Act, 1961. The main ingr"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/income-tax/taxability-capital-gain-transfer-agricultural-land.html
This document contains sections from Commonwealth Act No. 141, which amends and compiles laws related to public lands. It discusses several provisions around leasing agricultural public lands, including who is eligible to lease lands, auction procedures, rental rates, lease terms and renewals, conditions lessees must fulfill, and restrictions around subletting or assigning leases. It also covers options for lessees to purchase leased lands and acquire free patents for occupied and cultivated lands.
Alienation is the best mode for the state to dispose of state land as it conveys ownership rights to the applicant. The process involves applying for land, getting approval from the state authority, paying land revenue, conducting a survey, and registering the title document. Once registered, the title is indefeasible and gives the proprietor rights to develop and deal with the land, such as transferring or leasing it.
The document discusses subsidiary rights under the National Land Code 1965. It states that mineral, rock material and forest produce on land are property of the State, and the ownership does not pass to the proprietor or lessee. The proprietor, lessee and licensee have limited rights to extract and use rock material and forest produce within land boundaries but require permits to remove them beyond boundaries. They do not have rights to extract metals or minerals without a mining lease.
Pengkelasan , penggunaan dan hak hak ke atas tanahIntan Muhammad
contents :
syarat nyata, tersirat dan kepentingan, kategori dan penggunaan tanah, law of forfeiture in malaysia and all rights given to proprietor
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document summarizes Vermont's use value appraisal program for agricultural, forest, conservation, and farm buildings property. It provides details on eligible property types, tax benefits, requirements, penalties for development or conversion, and definitions of key terms. Eligible agricultural land must be at least 25 acres and actively used for farming. Forest land must be at least 25 acres and managed according to a state-approved plan. Conservation land must be certified and under active conservation management. Farm buildings used for agricultural purposes are fully tax exempt. Enrolled properties pay reduced use value taxes but face penalties if developed or converted to non-agricultural use in the form of land use change taxes of 10-20% of fair market value.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
The document discusses the taxability of capital gains on the transfer of agricultural land under the Income Tax Act of 1961. It outlines the key provisions around defining agricultural land and capital assets. Specifically, it examines: (1) the definition of agricultural land and exceptions where agricultural land could be considered a capital asset; (2) judicial decisions around determining if land is agricultural based on its use and classification; and (3) conditions for exempting capital gains from compulsory acquisition of urban agricultural land under section 10(37). The document provides clarity on the assessment and tax treatment of gains from transferring different types of agricultural land.
The document outlines the Pakistan WAPDA Rules regulating the grant of advances for the construction or purchase of houses or plots. Some key points:
- The rules apply to regular WAPDA employees with 5+ years of service, government servants on deputation to WAPDA, and electricity department employees transferred to WAPDA.
- Advances can be used to construct or purchase a house or plot for personal occupation in Pakistan. Advances are issued in installments and documentation is required to prove funds were used as intended.
- The amount of advance cannot exceed 36 months of pay or the estimated cost of construction/purchase. Houses must be mortgaged to WAPDA as security. Outstanding balances
This document outlines subsidiary rights and restrictions on land use in Malaysia. It discusses that mineral and forest resources belong to the state even on alienated land. The proprietor has rights to extract resources within boundaries but needs permits to transport them outside. Rights do not include metal/minerals which require mining leases. If land is reduced by sea erosion, the proprietor loses that area but if land increases, the added area stays as state land. The state also has rights of access to install infrastructure with notice and compensation for damage except to buildings. Land is classified as town, village or country land and can be zoned for agriculture, building or industrial uses.
The document discusses the history and current law around land ownership and acquisition in Nepal. It notes that traditionally, land ownership was vested in the state and royal families, but more recently, individuals have been granted property rights up to a fixed ceiling level. The government can acquire land for public purposes, provided compensation is given to landowners. There is a process for landowners to dispute the acquisition or amount of compensation.
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
A brief note on Kerala Sreepadam lands act-1960 uploaded by T. J Joseph Adhikarathil,Deputy Tahsildar, Kottayam,Mob 9447464502. A mysandesham presentation.
The Land Acquisition Act 1960 allows the government to acquire private land for public purposes, such as infrastructure and development projects. Compensation is required to be provided to the land owner. Compensation amounts are determined based on the market value of the land and may also include amounts for issues like severance of remaining land, loss of business, relocation costs, and any increase or decrease in land values due to the purpose of acquisition. The Act aims to ensure land owners are financially compensated to the same level as if their land had not been acquired, following principles of fairness and adequate compensation under the Malaysian Constitution.
This document summarizes new rules introduced by the Government of Bangladesh regarding land allotment by the Dhaka Improvement Trust. The key points are:
1. A new rule (13A) has been added that allows the Trust to allot plots to individuals who have made remarkable contributions to government or public service, as determined by the government.
2. Allotments under the new rule can only be made if an application is submitted and the government recommends the allotment.
3. The new rule is being added notwithstanding provisions in Chapter 1 of the original rules, but is still subject to the conditions of Rule 9 regarding current land ownership.
The document discusses strata titles in Malaysia. It begins by explaining what strata titles are and how they differ from conventional land titles by relating to cubic spaces in buildings rather than surface areas of land. It then discusses the need for strata titles due to population growth and increased demand for housing. The key laws governing strata titles - the Strata Titles Act 1985 and corresponding laws in Sarawak and Sabah - are also outlined. The document goes on to explain the process for applying for and obtaining strata titles, including submitting applications, approval conditions, and issuance of strata titles. It closes by noting some potential problems with processing strata title applications.
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.
This document summarizes subsidiary rights under the National Land Code 1965. It discusses that mineral, rock material and forest produce on land are property of the State and do not pass to the proprietor or lessee. The proprietor, lessee or licensee has limited rights to extract and use rock material and forest produce within land boundaries but requires additional permits to remove them beyond boundaries. They also require mining leases to extract metals and minerals. The document further outlines rights of access reserved for the State Authority on alienated land.
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
"As you are aware that Capital Gain Tax is charged on transfer of Capital Assets under provisions of Section 45 to 55A of the Income Tax Act, 1961. The main ingr"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/income-tax/taxability-capital-gain-transfer-agricultural-land.html
This document contains sections from Commonwealth Act No. 141, which amends and compiles laws related to public lands. It discusses several provisions around leasing agricultural public lands, including who is eligible to lease lands, auction procedures, rental rates, lease terms and renewals, conditions lessees must fulfill, and restrictions around subletting or assigning leases. It also covers options for lessees to purchase leased lands and acquire free patents for occupied and cultivated lands.
Alienation is the best mode for the state to dispose of state land as it conveys ownership rights to the applicant. The process involves applying for land, getting approval from the state authority, paying land revenue, conducting a survey, and registering the title document. Once registered, the title is indefeasible and gives the proprietor rights to develop and deal with the land, such as transferring or leasing it.
The document discusses subsidiary rights under the National Land Code 1965. It states that mineral, rock material and forest produce on land are property of the State, and the ownership does not pass to the proprietor or lessee. The proprietor, lessee and licensee have limited rights to extract and use rock material and forest produce within land boundaries but require permits to remove them beyond boundaries. They do not have rights to extract metals or minerals without a mining lease.
Pengkelasan , penggunaan dan hak hak ke atas tanahIntan Muhammad
contents :
syarat nyata, tersirat dan kepentingan, kategori dan penggunaan tanah, law of forfeiture in malaysia and all rights given to proprietor
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document summarizes Vermont's use value appraisal program for agricultural, forest, conservation, and farm buildings property. It provides details on eligible property types, tax benefits, requirements, penalties for development or conversion, and definitions of key terms. Eligible agricultural land must be at least 25 acres and actively used for farming. Forest land must be at least 25 acres and managed according to a state-approved plan. Conservation land must be certified and under active conservation management. Farm buildings used for agricultural purposes are fully tax exempt. Enrolled properties pay reduced use value taxes but face penalties if developed or converted to non-agricultural use in the form of land use change taxes of 10-20% of fair market value.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
The document discusses the taxability of capital gains on the transfer of agricultural land under the Income Tax Act of 1961. It outlines the key provisions around defining agricultural land and capital assets. Specifically, it examines: (1) the definition of agricultural land and exceptions where agricultural land could be considered a capital asset; (2) judicial decisions around determining if land is agricultural based on its use and classification; and (3) conditions for exempting capital gains from compulsory acquisition of urban agricultural land under section 10(37). The document provides clarity on the assessment and tax treatment of gains from transferring different types of agricultural land.
The document outlines the Pakistan WAPDA Rules regulating the grant of advances for the construction or purchase of houses or plots. Some key points:
- The rules apply to regular WAPDA employees with 5+ years of service, government servants on deputation to WAPDA, and electricity department employees transferred to WAPDA.
- Advances can be used to construct or purchase a house or plot for personal occupation in Pakistan. Advances are issued in installments and documentation is required to prove funds were used as intended.
- The amount of advance cannot exceed 36 months of pay or the estimated cost of construction/purchase. Houses must be mortgaged to WAPDA as security. Outstanding balances
This document outlines subsidiary rights and restrictions on land use in Malaysia. It discusses that mineral and forest resources belong to the state even on alienated land. The proprietor has rights to extract resources within boundaries but needs permits to transport them outside. Rights do not include metal/minerals which require mining leases. If land is reduced by sea erosion, the proprietor loses that area but if land increases, the added area stays as state land. The state also has rights of access to install infrastructure with notice and compensation for damage except to buildings. Land is classified as town, village or country land and can be zoned for agriculture, building or industrial uses.
The document discusses the history and current law around land ownership and acquisition in Nepal. It notes that traditionally, land ownership was vested in the state and royal families, but more recently, individuals have been granted property rights up to a fixed ceiling level. The government can acquire land for public purposes, provided compensation is given to landowners. There is a process for landowners to dispute the acquisition or amount of compensation.
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
A brief note on Kerala Sreepadam lands act-1960 uploaded by T. J Joseph Adhikarathil,Deputy Tahsildar, Kottayam,Mob 9447464502. A mysandesham presentation.
Similar a Chap 6 _Conditions and Restriction.pptx (20)
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
1. REM 159
LAW OF PROPERTY
CHAPTER 6
CONDITIONS AND RESTRICTION.
2. LEARNING OUTCOMES
At the end of this topic students are expected to be
able to:
Ability to understand the concept of condition and
restriction under National Land Code (NLC) 1965
Ability to differentiate express condition, implied
condition and restriction in interest.
4. INTERPRETATION - AGRICULTURE
Sec 5, NLC 1965
"agriculture" includes the cultivation of any crop
(including trees cultivated for the purpose of their
produce), market gardening, the breeding and
keeping of honey-bees, livestock and reptiles, and
aquaculture;
5. IMPLIED CONDITION – AGRICULTURE LAND
Section 115 (1)
(1) Where any alienated land is subject by virtue of any
provision of this Act to the category "agriculture", the
following implied conditions shall, subject to sub-section (3),
apply thereto-
(1) no building shall be erected on the land other than a building or
buildings to be used for one or more of the purposes specified in
subsection (4);
(2) a bona fide cultivation of the land shall commence on the land
within 12 month of the relevant date, i.e. the date the land is
made subject to the category of agriculture
(3) the whole area of the land, other than any part thereof which is
occupied by or in conjunction with a dwelling house is brought
fully under cultivation within three years of the relevant date
(4) the area of the land shall be maintained and cultivated according
to the rules of good husbandry; and
(5) The area shall be continuously cultivated:
6. IMPLIED CONDITION – AGRICULTURE LAND
Section 115 (4)
The purposes referred to in paragraph (a) of sub-section
(1) are the following-
Dwelling house for the proprietor or his servants engaged in
agricultural work (provided that the size of the area so utilized
shall not exceed 1/5th of the land or two hectares whichever is
lesser)
Extracting or processing raw material from any agricultural
produce
Preparing for distribution any such material or produce, or any
livestock or fish, or the produce of any livestock
Providing educational, medical, sanitary or other welfare
facilities
Any other purpose which the SA may deem fit to authorize in
the circumstances of any particular case
8. IMPLIED CONDITION – BUILDING LAND
Section 116 (1)
a building must be erected on the land within two years of
the relevant date, i.e. the date the land is subject to that
category;
no part of the land shall be used for agriculture or
industrial purposes;
every building thereon shall be maintained in repair;
no such building shall be demolished, altered, or
extended without the prior consent in writing of the
appropriate authority
9. IMPLIED CONDITION – BUILDING LAND
Section 116 (4)
The permitted purposes for which a building can be
erected on the land are
residential purposes
administrative or commercial purposes
purpose of exhibiting, selling by retail, repairing or
otherwise dealings in any goods or commodities, or of
providing any services
purposes of providing any educational, medical, sanitary
or other welfare facilities
purposes of entertainment, refreshment or recreation
any other purpose deemed fit by the state authority
10. INTERPRETATION - INDUSTRIAL
Sec 5, NLC 1965
"industrial purposes" has the meaning assigned
thereto by paragraph (a) of sub-section (1) of section
117;
11. IMPLIED CONDITION – INDUSTRIAL LAND
Section 117 prescribes that the lands shall be used
only for industrial purposes, for the purposes of
erection or maintenance of factories, workshops,
foundries, warehouses, docks, jetties, railways or
other buildings or installation for use for, or in
connection with, one or more of the following
purposes :
manufacture
smelting
the production of power
the storage, transport or distribution of goods or other
commodities
such other purposes as may be prescribed by the State
Authority
12. IMPLIED CONDITION – INDUSTRIAL LAND
Section 117 also prescribed that
industry shall commence its operation within three years
of the relevant date
every building or installation erected thereon shall be
maintained in repair.
no such building or installation shall be demolished,
altered or extended without the prior written consent of
the appropriate authority
13. Lands Alienated before NLC
Section 53 provides until a category of land
imposed under section 54, the land shall be
subjected to implied conditions as follows :
Country, town or village land under Land Office title,
will be subjected to an implied condition for
agricultural purposes
Other land (town & village land) under Registry titles
will be subjected to an implied condition that it shall
not be used either for agricultural or industrial
purposes
Case Garden City Development Berhad v
Collector of Land Revenue, Federal Territory
14. Express Conditions &
Restrictions in interest
Section120
Empowers State Authority to impose express
conditions & restrictions in interest
These condition and restrictions are determined by
the SA at the time the land is approved for alienation
Must be endorsed on or referred to in the document
of title of the land
15. PENGARAH TANAH DAN GALIAN,WILAYAH PERSEKUTUAN
v. SRI LEMPAH ENTERPRISE SDN. BHD [1979] 1 M.L.J 135
The Respondents owned a piece of land in the Federal
Territory, held in perpetuity. The Company had applied to
the authorities for sub-division and conversion of their
land for the purposes of constructing a hotel thereon.
Approval was given subject to the conditions, inter alia,
the respondents must agree to accept back a lease for
99 years in exchange for their Property.
The company rejected the conditions and applied to the
High Court for an order that the authorities approve their
application subject to the usual terms and condition.
The Federal Court upheld the decision
16. Express Conditions &
Restrictions in interest (cont’d)
Determined by State Authorities at time of alienation
Must be endorsed on or referred to in the document of
title
May require continuous performance or subject to fixed
term
Bind with land
Bind with the Proprietor
If in conflict with Local authority by-laws, conditions shall
prevail
Every condition or restriction in interest commence from
the date of alienation
17. Dr. Ti Teow Seow & Ors. v. Pendaftar Geran-Geran
Tanah Negeri Selangor (1982) 1 MLJ 38
Restriction in interest “could not be transferred or
leased for 15 years without the consent of the
Ruler in Council
Date of commencement of title-18/8/1964
Date of alienation-9/11/1967
Sold the land-25/3/1980
MOT executed -5/5/1980
Registration of MOT rejected-restriction in
interests still subsisting
18. Dr. Ti Teow Seow & Ors. v. Pendaftar Geran-Geran
Tanah Negeri Selangor (1982) 1 MLJ 38
S. 78(3) NLC
“ The alienation of State land shall take effect upon the
registration of a register document of title
thereto…and, notwithstanding that its alienation has
been approved by the State Authority, the land shall
remain State land until that time.”
19. Breach of Conditions
Section 125
Divided into 2 :
Non-payment of quit rent
The breach of implied or express conditions
if any condition consists of two or more separate
obligation or liabilities-failure to fulfill any of those
obligation or liabilities shall constitute a breach of
condition
20. LIABILITY TO FORFEITURE
FOR BREACH OF CONDITION
S127-Any breach of any condition to which
alienation land is subject –become liable to forfeiture
to the State Authority
21. EFFECTS OF FORFEITURE
Section 131
The land shall revert to and vest in, the State
Authority as State land, freed and discharge from
all titles and interests subsisting
Shall also vest in the State Authority, without
payment of compensation, any building existing
on the land
Any item of land revenue then due to the State
Authority in respect of the land shall be
distinguished
22. OPTIONS TO FORFEITURE
By an amendment in March 25, 1985 the SA has two
more courses of action
S127(1A) &(1B)-Imposing a fine on the Proprietor
not less than RM500 and in the case of a continuing
breach, a further fine of not less than RM100 for
each day during which the breach continues
S129(4) State Authority can take temporary
possession of the land with a view to remedying the
breach itself at the State expenses.
23. FORFEITURE
In any case, if the Proprietor has been able to
remedy his breach in due time after being notified by
the State Authority, forfeiture proceedings will not be
continued against him
Forfeiture shall take effect upon notification in the
Gazette.
Land administrator as soon as may be after the
notification is published, register or cause to be
registered a memorial thereof