G.N. 505 of 1930
[27th December, 1930.]
1. This rules may be cited as the Land Rules.
APPLICATION FOR STATE LAND
2. (1) Every application for State land shall be in writing and shall contain a sketch
showing approximately the situation of the land applied for:
Provided that applications for titles under Part IV may be made orally to the Collector.
(2) A register of all applications for land shall be kept in each district by the
Collector in the form set out in Schedule A.
(3) An application shall not be accepted unless the following fees are paid: -
(a) in the case of an application for land to be held under Part II or Part III,
at least one-quarter of the survey fees estimated to be payable on the
area of land for which application is made; and in the case of an
application for land to be held under Part IV at least one-sixth of such
(b) in the case of an application for land to be held under Part II or Part III
on which premium is payable, at least one-quarter of the premium
assessed by the Collector.
(4) No payments made under subrule (3) shall confer any right whatsoever to
the land applied for and acceptance of any such payment shall not constitute any
undertaking that the application will be approved.
(5) The Collector may cancel any application if the applicant shall not have
signed the title within six months of being called to do so, or shall have left the district
without leaving an address or appointing an agent to act on his behalf, or shall not have
accepted within three months of their being communicated to him, any special conditions
to be imposed
(6) If the application is refused, any sums paid under subrule (3) shall be
refunded to the applicant.
(7) If the application is withdrawn, the applicant shall be liable for all expenses
incurred by Government in connection with the application, and with the survey, if any, of
the land applied for.
(8) Any balance of the sums paid by the applicant under subrule (3) which may
still remain after deductions have been made in accordance with subrule (7), shall be
refunded to the applicant.
(9) When an application has been cancelled by the Collector under subrule (5)
any sums paid by the applicant under subrule (3) shall be forfeited to Government.
3. (1) Licences for the purposes of sections 24 and 25 may be issued by the
Collector subject to such conditions as the Minister may generally or in particular cases
(2) The Collector may issue to any person a licence, substantially in the form of
Schedule B, to remove from any land any of the articles mentioned in section 23,
provided always that no licence to remove guano shall be issued except with the approval
of the Minister, and provided that no licence shall be issued except to the owner of the
land, if alienated, or with his consent.
(3) The payments to be made in respect of licences issued under rule 3 (2) shall
be at the following rates
for earth, gravel, stone, coral, shell, sand, loam or clay or any bricks, lime,
cement, or other commodities manufactured from the materials aforesaid, for
every person employed five ringgit per month:
Provided that the Minister may, in any particular case, grant partial or total exemption
from the payment of such rates.
(4) All licences under rule 3 (2) shall expire on the last day of the month or year
in respect of which the said licences shall have been issued.
(5) Before issuing any licence under rule 3 (2) the Collector may require the
applicant therefor to deposit such sum of money as the Collector may require; and, on
default being made in the payment of any sum due under the licence, the sum due may
be withdrawn by the Collector from the sum deposited as aforesaid and credited to
(6) The Collector may also require the applicant for a licence under rule 3 (2) to
furnish such security as the Collector shall deem sufficient that all holes and inequalities
caused in the surface of the ground in the course of getting any article authorised by the
licence to be removed or the materials therefor shall within a time to be fixed by the
Collector be filled in and drained to his satisfaction.
4. (1) The terms for lands within town areas alienated for agricultural purposes
annual rent of fifty sen per acre for the first six years, two ringgit per acre for
the next four years and three ringgit per acre thereafter, together with such
premium as the Minister may direct.
(2) The terms for Town Lands alienated for residential purposes shall be a
minimum annual rental of five ringgit per acre, with such premium or upset price as the
Minister may direct.
(3) For shop lots, the minimum annual rent per lot of 1,600 sq. ft. or less shall be
(4) The standard dimensions of shop lots under Part III shall be 80 ft. x 20 ft.
and not more than one shop shall be erected on a lot of this size. The frontage of a shop
shall not be less than 18 ft.
TITLES UNDER PART IV
5. (1) The following regulations shall apply to sago lands
(a) all sago plantations shall be kept free from undergrowth;
(b) every sago tree which shall have ripened shall forthwith be cut down
whether or not it be intended to use the produce therefrom, and in the
place thereof of a fresh sago shoot shall be planted with all
(c) for the purpose of providing the fresh shoots aforesaid a certain
number of trees shall be set apart proportionate to the requirements of
(d) the penalty for breach of any of the above regulations (a), (b) and (c)
shall be a fine not exceeding ten ringgit.
(2) Every native land-holder shall keep his orchard or garden free from
undergrowth so that it shall not harbour vermin.
The works of common benefit referred to in section 66 (b) are
(a) The repair of dams and water-courses.
(b) The clearing of rivers, streams and water-courses
(c) The upkeep and repair of paths crossing padi-lands.
(d) The maintenance of burying grounds.
(e) The upkeep of mosques and places of worship.
(f) The fencing in of grazing grounds
(g) The maintenance of tamu grounds.
(h) Any other work which the Native Chief or Headman may, with the
approval of the District Officer, impose as being of common benefit.
(4) The consent of the Director to an exchange of title under section 75 shall be
subject to such conditions as the Minister may generally or in special cases direct.
6. (1) An interest in land and profits thereof, the acquisition whereof requires to
be registered under the terms of sections 88 and 94 shall be deemed to include such
dealings as a grant or lease of tapping rights over rubber trees or the right of collection of
coconuts or other crops, provided that the provisions of section 105 shall, mutatis
mutandis, apply to such rights, and that the actual work of such tapping or collection shall
be undertaken by the lessee or grantee.
(2) The registration of dealings affecting tapping rights or the collection or
disposal of crops not falling within the above classification is optional, provided that
without such registration such dealings shall not be enforceable against successors in
title to the grantor, nor take priority over any registered dealing.
COLLECTION OF LAND REVENUE
7. (1) All rents, except as provided in Part IV, payable under the Ordinance in
respect of any year shall fall due in advance on the 1st day of January.
(2) Full rent for the current year shall be payable on all titles, other than titles
under Part IV, commencing prior to the 1st day of July in that year. If the title commences
on or after the 1st day of July in any year no rent shall be payable in respect of that year.
(3) The time for enhancement of rent shall be computed from the first day of
January preceding the date of commencement of the title when such date is before the
first day of July, and from the first day of January following the date of commencement
when such date is after the 30th day of June in any year.
(4) In the computation of premium, fraction of one ringgit shall count as one
(5) In the computation of the rent payable on any land
(a) if the land is held under Part IV, any fraction of a ringgit less than ten
sen shall be calculated as ten sen, and the minimum rent shall be
(b) if the land is held under any Part other than Part IV, where the rent is
less than fifty sen per acre, any fraction of a ringgit less than ten sen
shall be calculated as ten sen, and the minimum rent shall be ten sen;
where the rent is fifty sen or more per acre, fractions of a ringgit less
than fifty sen shall be calculated as fifty sen, and the minimum rent
shall be fifty sen.
(6) In the computation of premium and rent payable on any country land any
fraction of an acre less than one rood shall be calculated as one rood.
(7) The Collector shall so notify and advertise any auction held under Part VII
and so arrange the time (subject to the limitations imposed by the Ordinance or these
rules), place and manner of holding such auction as will in his opinion, be most likely to
realise the greatest net value for the land or thing sold, and he may adjourn any such sale
to any specified place, day or hour.
SERVICE ON NOTICES
8. (1) The service of all notices or other processes issued under the provisions of
the Ordinance or any rules made thereunder may be effected as follows
(a) by delivering to the noticee or his authorised agent a copy of the
notice or by sending a copy by registered post if the address of the
noticee or his agent be known and there be postal communication
with such place;
(b) when the noticee cannot be found and has no agent empowered to
accept service on his behalf service may be made on any adult
member of the family of the noticee who is residing with him;
Explanation. A servant is not a member of the family within the meaning of this rule.
(c) when the serving officer delivers a copy of the notice to the noticee
personally, or to his agent, or to an adult member of the family of the
noticee residing with him, he shall require as an acknowledgment of
service endorsed on the original notice the signature or right thumb
mark of the person to whom the copy is so delivered.
(2) If the person to whom such copy is delivered or tendered is unwilling or
unable to sign the acknowledgment, or if the serving officer is unable to find any proper
person to be effect personal service, the Collector may order service to be effected by
affixing a copy of the document to be served in a conspicuous position upon the land (if
any) which is affected, or by
(a) affixing a copy thereof upon the house or place of business of the
person to be served if such can be found within Sabah, or
(b) affixing a copy thereof or a notice containing full particulars thereof at
the mosque, market or other common place of resort in the town or
village in which the person to be served usually resides or last
(3) The Collector or Registrar may also, if he shall see fit, make an order for
substituted service by advertisement in the Gazette or in any local newspaper.
(4) In cases where notices or other processes have to be served on illiterate
natives or posted in districts which are mainly illiterate, the Collector or Settlement Officer
shall employ such other methods of publishing the notice as may seem reasonable.
(5) In each of the above cases the serving officer or Collector shall enter on the
back of the original of the document to be served a statement of the time, place and
manner or method in which the service or publication was effected, or why service was
not effects, and shall sign the same.
(6) The officer issuing the notice may require any serving officer to make oath or
affirmation as to the truth of any such entry made by him.
(7) Every notice or other process issued under this Ordinance on behalf of any
person other than a Collector or Registrar shall be served at the expense of that person.
(8) The expense of any notice or other process issued on behalf of the Collector
or Registrar may be treated at the discretion of the Collector or Registrar as costs in the
case, and may be made recoverable from any of the parties, if he shall so direct.
RECORDS OF PROCEEDINGS
9. (1) The Collector shall keep, in the form of Schedule C hereto, a register of
enquires and applications other than applications for land and shall take notes in writing
of all evidence taken by him in the course of the proceedings.
(2) The Director shall keep a record in the form of Schedule D of all appeals
heard by him, and of all orders or decisions revised by him, and shall take notes of all
evidence given before him.
(3) The notes of evidence shall be taken as far as possible in the manner
provided for the recording of cases in the civil courts.
(4) Any person desiring to appeal to the Director shall, within the period
prescribed for appeal, deliver to the Director, or to the Collector or Settlement Officer, for
transmission to the Director, a Memorandum of Appeal substantially in the form of
Schedule E and shall also pay the prescribed fee and the costs of serving any notices
upon parties whose attendance may be required.
(5) In the case of any appeal the Collector or settlement Officer shall forthwith
forward to the Director a copy of the notes of the enquiry, together with any documents
concerned and a report upon the matter.
(6) The Collector, Settlement Officer or Director may in any proceedings
determine the amount of any costs involved and direct by whom and in what proportion
they are to be paid.
(7) For the purpose of an enquiry, appeal, or other proceeding, the summons
referred to in section 44 may be in the form of Schedule XXXV of the Ordinance and be
served as provided for the service of notices in rule 8.
APPLICATION FOR RIGHT OF WAY UNDER SECTION 30 (1) (f)
10. Any officer authorised by Government may make application for a right of way on
behalf of Government for the purposes described in section 30 (1) (f), and such
application shall be heard and determined, in default of agreement between the parties,
in the manner provided in rule 11.
APPLICATION FOR ACCESS OR DRAIN UNDER SECTION 31 (1) (d)
11. (1) Upon receipt of an application by any owner under section 31 (1) (d) the
Collector shall fix a time for the hearing of the application, and shall serve a notice
accordingly upon the applicant, and upon the owner or owners across whose land the
right of way or drain is required. Such time shall be not less than one month from the date
of the notice.
(2) On the day and at the hour and place fixed the Collector shall hear such of
the parties as appear, and shall record the evidence in writing, and may call for such
other evidence as he may think fit, and if necessary may adjourn the hearing.
(3) If after hearing the case the Collector is satisfied that the application is
reasonable, he may cause such a right of way or drain to be marked out and the
applicant shall be entitled to construct and maintain such way or drain and thereafter use
the same in the same manner and to the same extent as if there were a public road or
drain, and the owner of such other alienated land shall not obstruct him.
(4) The owner or occupier of other adjacent or contiguous land may similarly
apply for a right of way from his land over such way, or for a drain from his land to
connect with such drain, and thereupon the Collector after hearing the application in the
manner prescribed above may declare that such owner or occupier is upon such terms
and to such extent as the Collector may decide entitled to share in the use and
maintenance of such way or drain and the owner of such other alienated land shall not
(5) When a road or drain over any land shall have been marked out by the
Collector the person entitled to use such road or drain shall make full compensation for
damage done to growing crops and permanent improvements, and the expense of
making and maintaining such road or drain shall be borne by the owner or occupier of
lands using the same, and any dispute relating thereto shall be settled by the Collector.
(6) When any right of way or drain shall have been so constituted the Collector
shall cause a memorial of his decision to be registered upon the titles affected and may
have endorsed thereon a plan of the right of way or drain. Rights granted under this rule
shall run with the land and bind the owner thereof for the time being.
PROCEDURE UNDER SECTION 34 IN CASE OF BREACH OF
CONDITIONS OF TITLE.
12. (1) Before re-entering on any land as provided in section 34 for breach or
default in the observance of the conditions of title, the Collector shall serve on the owner
of the land a notice substantially in the form of Schedule F requiring him
(a) in case of a breach or default which in the opinion of the Collector is
not capable of being repaired or made good, to appear and show
cause to the satisfaction of the Collector why the Collector should not
(b) in case of a breach or default which in the opinion of the Collector is
capable of being repaired or made good, to repair or make good such
breach or default within a time to be limited in the notice.
(2) On the day and at the hour and place fixed for the hearing the Collector shall
proceed to hear the owner against such forfeiture, if he shall appear, and shall record the
evidence in writing. The Collector may adjourn the hearing at any stage and for any
period, and shall record his reasons for such adjournment.
(3) If the owner shall fail to appear or having appeared shall fail to show cause
as aforesaid or shall have persisted in his neglect or refusal to repair or make good the
breach or default, the Collector shall make an order in the form of Schedule G for the
resumption of the whole or part of the land and upon registration thereof such land or
such part thereof as the Collector may determine shall revert to the Government and all
right, title and interest of any person shall cease and be extinguished:
Provided that no such order shall be registered until the period allowed for appeal
shall have elapsed. A copy of the order shall be served if possible upon the owner, and
notice of the resumption shall be published in the Gazette.
(4) If the owner shall satisfy the Collector as aforesaid or shall have duly
repaired or made good such breach or default, the Collector shall record the fact and
shall desist from all further proceedings.
PROCEDURE FOR PARTITION UNDER SECTION 40 (3)
13. (1) When the co-proprietors of any title are unable to agree as to a partition
claimed by one or more of them, the Collector, after making such enquiry as he may
deem necessary to ascertain the respective shares of each, may cause the land to be
divided into as many parts as may be required, or may direct a sale of the land.
(2) The Collector shall allot such divided parts to the co-proprietors and shall
apportion the cost of such division, and may in his discretion award sums to be paid for
the purpose of equalising the value of the parts.
(3) Upon receiving proof to his satisfaction that such sums, if any, have been
duly paid or deposited the Collector shall make an order appointing the part of each coproprietor and distinguishing each part by survey, and such order shall be registered, and
titles shall be prepared for each part on the terms of the original title and the rent on the
original title shall be apportioned between the new titles.
(4) If it appears to the Collector that a sale of the land and a distribution of the
proceeds would be more beneficial for the co-proprietors than a partition of the land
between or among them the Collector may, if he thinks fit, on the request of any of the coproprietors and notwithstanding the dissent or disability of any others of them direct a
sale of the land accordingly in such manner as may be prescribed.
(5) On any such sale the Collector may, if he thinks fit, allow any of the coproprietors to bid at the sale on such terms as the Collector may deem reasonable.
(6) The Collector shall determine the costs involved in any partition, and shall
decide by whom they shall be paid.
SALE OF LAND BY CHARGEE
14. (1) The notice required by section 111 to be given by the chargee to the owner
may be substantially in the form of Schedule H, and shall be served in one or other of the
ways prescribed for the service of notices:
Provided that where money secured by a charge is made payable on demand, a
demand in writing pursuant to the charge shall be equivalent to the notice in writing
provided for by section 111 and no other notice shall be required.
(2) The application by the chargee to the Collector shall be substantially in the
form of Schedule I and upon receipt thereof the Collector, if it shall appear that notice has
been given to the chargor as above provided, and that default has continued for the
period stated, shall fix a day for the hearing of the application, and shall serve upon the
chargor and on every person who holds a registered interest in the land a summons in
the form of Schedule J to appear and show cause why the application should not be
(3) At the day and hour fixed for the hearing the Collector shall proceed to hear
the application in the presence of parties interested and shall record their evidence in
writing. He may adjourn the hearing at any stage and for any period and shall record his
reasons for such adjournment.
(4) Where on the day fixed neither chargee nor chargor appears, or where the
chargor alone appears, the application shall be dismissed.
(5) Where an application is dismissed under rule 14 (4) the chargee may apply
afresh, provided that if the chargor has appeared on the day originally fixed the chargee
shall, before making any fresh application, pay the chargors costs as allowed by the
(6) Where on the day fixed the chargee appears and the chargor does not
(a) if it is proved that the summons was duly served the Collector may
(b) if it is not proved that the summons was duly served the Collector
shall direct a second summons in the form of Schedule J to be served;
(c) if it is proved that the summons was duly served but in the opinion of
the Collector not in sufficient time to enable the chargor to appear and
answer on the day fixed the Collector shall postpone the hearing of
the application to a future day to be fixed by him, and shall direct a
fresh summons in the form of Schedule J to be served.
(7) Where there are more chargees than one and one or more of them appear
and the others do not appear the Collector may, at the instance of the chargee or
chargees appearing, permit the application to proceed in the same way as if all the
chargees had appeared, or make such order as he thinks fit.
(8) Where there are more chargors than one and one or more of them appear
and the others do not appear the application shall proceed and the Collector shall at the
time of deciding upon the application make such order as he thinks fit with respect to the
chargors who do not appear.
(9) If after hearing the application the Collector is satisfied that default has been
made in any particular as aforesaid, and if no cause be shown to his satisfaction, he shall
by order in the form of Schedule K determine the amount due under the charge and order
the sale of the land charged or of such portion thereof as he may think fit, provided that
no lot shall be partitioned without the consent of the chargor unless each subdivision shall
contain five or more acres.
(10) Every such sale shall be by public auction and the auctioneer shall be
nominated by the Collector, provided that no person shall be nominated who has any
interest whatever in the proceedings or who is not an officer borne on the establishment
of Sabah or a person approved by the Government to conduct sales by auction in the
district in which the land is situated.
(11) The conditions of sale shall be determined by the Collector, who shall also
put a reserve price on the land and cause such public notice to be given of the sale as he
may in the interest of the parties or of either of them think advisable, and may postpone
the sale if he thinks fit.
(12) At any time prior to the fall of the hammer the owner of the land shall have
the right to stop the sale upon payment of the sum due together with all costs.
(13) The chargee may himself bid at the sale.
(14) No officer employed in the Land Office of the district and no officer having
any duty to perform in connection with any sale under the Ordinance shall either directly
or indirectly bid for, acquire, or attempt to acquire any interest in property offered at such
(15) Upon completion of the sale by the payment of the purchase price to him the
Collector shall make an order confirming the sale and directing the transfer of the land to
the purchaser in the form of Schedule L and such order shall be registered.
(16) When no sale has been effected the Collector may order the land to be
again put up for auction on some future date, and may reduce the reserve price, if any.
(17) The purchase money arising from any such sale shall be applied firstly in the
payment of any rent and fees due to the Government; secondly in payment of the
expenses and costs of, and incidental to, the notices, summonses and sale; thirdly in
payment of the moneys which may then be due or owing to the chargee; fourthly in
payment of subsequent charges if any in the order of their priority, and the surplus if any
shall be paid to the chargor or other person entitled thereto.
(18) Upon registration of any memorandum of transfer by the Collector as
aforesaid the land of the chargoer therein transferred shall pass to and vest in the
transferee freed and discharged from all liability on account of the charge in satisfaction
whereof the land has been sold or of any charge registered subsequently thereto or of
any attachment by order of Court, and the Registrar shall upon the registration of such
transfer make a memorial upon the document of title cancelling such charge or charges.
(19) Such registration shall not free the land from any lease or charge registered
prior to the charge in satisfaction whereof the land has been sold, or from any
subsequent lease to which the chargee has consented in writing and the transferee shall
be deemed to be the owner of the said land subject to any such lease or prior charge as
(20) No chargee shall sell any land comprised in a charge except in accordance
with the provisions of the Ordinance, and no Court shall attach or sell land comprised in a
charge in execution, of a decree in favour of the chargee in a suit for the recovery of
money which might have been recovered by action under the Ordinance.
15. (1) The following fees shall be charged for the services named under the
(a) For preparation and issue of a new document of title: RM
Under section 92
Under section 120 to replace a lost title:
(i) If a title under Part IV
(ii) Any other title
(b) For examination and certification of correctness of a
document, under section 45 or 124
(c) For each new title on combination or subdivision
under section 39 or 40:
(i) If a title under Part IV
(ii) Any other title
(d) For appeal under section 41:
(i) To the Director from an order or decision of a
Collector or Settlement Officer
(ii) To the Court, from an order or decision of the
(e) For the Registration of:
(i) An original title under Part II or Part III or a
temporary title under section 18 or a sub-lease
under section 104.
(ii) A Native Title or Communal Native Title under
(iii) A Land Application:
(a) If the area applied for is for a title under
(b) Any other application including for a title
under Part II or III where the land
(1) does not exceed 6 hectares
(2) exceeds 6 hectares but does not
exceed 200 hectares
(3) exceeds 200 hectares except for
residential and industrial use
(4) exceeds 200 hectares and for
residential, industrial and
(iv) Renewal of T.O.L.
(f) For the Registration of a Memorandum and
Endorsement of Memorial under section 100:
(i) When one title only is involved in the dealing
(ii) When more than one title is involved for
endorsement of memorial on each additional
(ff) For a definitive lease under Part II when a provisional
lease has been registered under section 49
(A) Caveat by Collector under section 116.
(B) Orders by the Collector or Director under
sections 117 and 118 when he shall so direct.
(C) Surrender or cancellation of a title under
section 112 or 142.
(g) (i) For an order of sale under section 111
(ii) For an order of postponement of proceedings
instituted under section 111
(h) For commission of sale under section 111
(i) On amounts realised up to RM1,000 5
(ii) On additional amounts up to RM10,000 2
(iii) On additional amounts over RM10,000 2
(i) For an order confirming a sale under section 111 and
registration thereof: RM
(i) When one title only is involved in the dealing
(ii) When more than one title is involved for
endorsement of memorial on each additional
(j) For attestation by a Collector of a Power of Attorney
under section 98
(k) For inspection of Registers under section 122 for
each title involved
(l) For every official search under section 123
(m) For copies of extracts if prepared by the Land Office
under section 124 for each 100 words
(n) For registration of an order of succession under the
Administration of Native and Small Estates
When more than one title is involved for endorsement
of memorial on each additional title
(o) Registration of any Order made by a Court under the
Probate and Administration Ordinance±
When more than one title is involved for endorsement
of memorial on each additional title
(p) For issue of a Notice of Demand under section 134
* See Small Estates (Distribution) (Amendment And Extension) Act, 1972 (Act A127).
± See Probate and Administration (Amendment and Extension) Act, 1972 (Act A 128).
(q) For issue of a Warrant of Attachment under section
(r) For issue of a Notice of Sale under section 139:
(i) In the case of leases
(ii) In all other cases
(s) For issue of an order confirming sale under section
144 and registration thereof
(t) Service of any notice (payable by the person at
whose instance or on whose behalf the notice is
(u) For copy of record of Land Enquiry proceedings for
each 100 words
(v) For preparation and attestation of any memorandum
under Part V:
(i) Where the value of the transaction does not
(ii) Where the value of the transaction exceeds
RM500 but does not exceed RM1,000
(iii) Where the value of the transaction exceeds
(2) The Director or a Collector may at his discretion in any particular case for
reasons to be endorsed by him on the document concerned exempt any person from
payment of the whole or any part of the fees set out in subrule (1) hereof.
16. (1) (a) Agricultural land under Part II RM
An additional charge of a lot of 1 hectare or part
For each additional hectare of one lot up to 5
For each additional hectare of a lot up to 25
For each additional hectare of a lot up to 50
For each additional hectare of a lot up to 100
For each additional hectare of a lot up to 500
For each additional hectare of a lot up to 1,000
For each additional hectare of a lot above 1,000
(b) For connection surveys RM1.80 per metre.
(2) Land held under Part II for other than Agriculture purposes and land held
under Part III.
Additional charge for lot not exceeding 150 sq.