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UNIT 6
MALAY RESERVATIONS THE MALAY RESERVE ENACTMENT F.M.S. Cap 142
OBJECTIVES

General Objective To understand the concepts and laws pertaining to of Malay Reservations. Specific Objectives At the end of the unit you will be able to: understand the types of Malay Reserved Lands the purpose of gazetting Malay Reservation procedures needed for gazetting Malay Reservation the process of degazetting Malay Reservation

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INPUT

Malay Reservation exists in all States in Peninsular Malaysia except in Penang and Malacca. In the respective States, Malay reservation is declared and governed by the following laws :Johore Malay Reservations Enactment No. 1/1936; Kedah Malay Reservations Enactment No. 63; Kelantan Malay Reservations Enactment No. 18/1930; For Negeri Sembilan, Pahang, Perak and Selangor, the laws is the Malay Reservations Enactment (F.M.S. Cap 142) and before 15.12.1935, the law was the Malay Reservations Enactment, 1913; Perlis Malay Reservations Enactment No. 7/1353; Trengganu Malay Reservations Enactment No. 17/1360.

6.1

DEFINITION OF MALAY Section 2 of the Malay Reservation Enactment (MRE) Federated Malay States (F.M.S) Chapter 142 defines Malay as a person belonging to any Malayan race who habitually speaks the Malay language or any Malayan language and professes the Muslim religion. Section 20 of the Enactment provides that if there is any doubt as to whether a person is a Malay or not, the matter should be referred to the State Authority whose decision will be final. As for company, it is deemed to be a Malay if and so long as every member thereof is a Malay and transfer of shares therein is restricted by the Articles of Association thereof to Malays.

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Laws on MRL were introduced on 1 January 1914 and there are different MRL laws in different states in Malaysia such as Malay Reservations Enactment Kelantan 1930, Malay Reservations Enactment 1913 for Federated Malay States (consisting of Perak, Selangor, Negeri Sembilan and Pahang) and Malay Reservation Enactment Johore 1936.

6.1.1

Provisions On Malay Reservation

As stated in Article 89, Sub-Article 6 of the Federal Constitution, Malay Reserve Land (MRL) is specially designated land that can only be legally owned by Malays or natives of the state in which the land is situated. Generally the Malay Reservations Enactment contains the followings: a) The provisions relating to the declaration of land as Malay reservation and the revocation of such declaration by the State Authority b) The provisions prohibiting the State Authority from disposing land within a Malay reservation to a non-Malay c) The provisions prohibiting the land registration authority from effecting registration of any dealing in respect of land owned by a Malay to a non-Malay d) The provisions relating to exemptions for the prohibitions as stated in (b) and (c) above for certain non-Malay persons/bodies.

Malay Reservation before Merdeka will remain as Malay Reserve until it is revoke by: a) State laws that has been approved by not less than 2/3 of State Assembly members who present and vote; b) resolution made by Parliament that has been approved by majority and not less than 2/3 of voting member.

6.2 STATE AUTHORITY MAY DECLARE A LAND AS MALAY RESERVE State Authority has the power to declare a land to be a Malay reserve in the following cases: a) Land acquired by the State Government by agreement for the purpose of declaring it as Malay reservation.

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b) Application by the proprietor and with the agreement by all the interested parties c) To replace Malay reserve that has been revoked 6.2.1 a) b) c) d) Types Of Malay Reserve Lands

Within a Malay reservation, there may be the following:State land, Reserved forest, Land reserved for public purpose, Alienated land.

To find out more about alienated land within Malay Reservation which is subject to the restrictions, please refer to Section 2 of the Enactment.

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Activity 6a

TEST YOUR UNDERSTANDING BEFORE YOU CONTINUE WITH THE NEXT INPUT! Circle the correct answer. 6.1 Malay reservation exists in all states in Peninsular Malaysia. A) yes B) no Section ________ of the Malay Reservations Enactment defines Malay as a person belonging to any Malayan race who habitually speaks the Malay language or any Malayan language and professes the Islamic religion. 2 8 12 42 List down 4 states in Peninsular Malaysia that have its own Malay Reservation Enactment. ______________________ ______________________ ______________________ ______________________ List down the types of land that are included within Malay reservation. ______________________ B) ______________________ C) ______________________ D) ______________________ Who has the authority to declare a land to be a Malay Reserve Land Office State Authority Executive Council Land Administrator

6.2

A) B) C) D) 6.3 A) B) C) D) 6.4 A)

6.5 A) B) C) D)

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Feedback to Activity 6a

6.1 6.2 6.3

B A Johore Malay Reservations Enactment Kedah Malay Reservations Enactment Kelantan Malay Reservations Enactment Negeri Sembilan Malay Rservations Enactment State land Reserved forest Land reserved for public purpose Alienated land B

6.4

6.5

Hope you got it all right !

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INPUT

6.3

PURPOSE OF MALAY RESERVATION The purpose of having an area of land declared as a Malay reservation is to ensure that certain land in the state is alienated only to Malays and the land thus alienated or any interest in it will continue to remain in the hands of the Malays.

6.3.1

Procedures Of Gazetting Malay Reservation

a) b) c) d) e)

Under The Malay Reservations Enactment F.M.S. Cap. 142 (Article 89), the procedures of gazetting Malay Reservation are as follows: Land Administrator (LA) prepares paper recommending declaration of land by Menteri Besar (with agreement by the State Assembly members) as Malay Reservation. State Authority approves the declaration. LA takes appropriate actions upon the publication in the Gazette of the declaration as Malay reservation. LA is to present a requisition in Form A of the First Schedule of the Enactment containing all lands affected by the declaration. Registrar shall make a memorial of the inclusion in the Malay reservation in the register and issue documents of title. 6.4 THE PROCESS OF DEGAZETTING MALAY RESERVATION Section 4 (i)(b) of the Enactment empowers the Menteri Besar with the approval of the State Authority to revoke any declaration. The process of degazetting Malay Reservation are as follows: a) L.A. prepares paper recommending revocation of declaration of land as Malay Reservation for consideration of the State Authority. State Authority approves revocation. c) L.A. takes appropriate actions upon publication in the gazette of the declaration or revocation. d) L.A. is to present a requisition in Form C of the First Schedule of the Enactment containing all alienated lands affected by the revocation.

b)

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6.5

RESTRICTIONS AND LIMITATIONS ON MALAY RESERVE LAND

Any alienated land coming under Malay holding in the Enactment is governed by certain restrictions. The purpose of such restrictions is mainly to ensure the land or any interest in it will continue to be in the hands of the Malays. a) Section 8 prohibits transfer of any Malay holding to a non-Malay. However, under the section 8 (ii), cross-transfers of lands upon subdivision held by a Malay and non-Malay are allowed. b) Section 8 also prohibits charging of any Malay holding to a non-Malay. c) Section 8 also prohibits leasing of Malay holding to a non-Malay. d) Section 9 prohibits the execution of any instrument of dealing in respect of Malay holding by any person acting under a power of attorney if that person is not a Malay. e) Section 10 prohibits the creation of lien over a Malay holding even in favour of a Malay. f) Section 11 states that no private caveat, trust caveat can be registered in respect of a Malay holding if the caveator is not a Malay. g) Section 12 prohibits the vesting of a Malay holding in the Official Assignee on the bankruptcy of the proprietor. h) Section 13 states that no Malay holding shall be attached in the execution of a decree or order of any Court. i) Section 14 provides that any trust in respect of a Malay holding made in favour of a non-Malay is void. j) Section 15 prohibits the vesting of any Malay holding in any executor or administrator who is not a Malay under a grant of probate or of letters of administrator. m) Section 16 provides procedures on how if the land may be sold at the instance of the encumbrancer . n) Section 18 allows transfer of any land included in a Malay reservation or of any undivided share therein to the Public Trustee as trustee for the Malay. o) Section 18 also allows the transmission of any Malay holding to the Public trustee or to the Official Administrator as representative of a Malay.

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Activity 6b

TEST YOUR UNDERSTANDING BEFORE YOU CONTINUE WITH THE NEXT INPUT! 6.6 As stated in the laws pertaining to Malay reservation, the purpose of having a land declared as Malay reservation is because :A) To ensure Malays got their own right on a particular land. B) Any interest regarding the land can be replaced to any person with the consent of the proprietor. C) To ensure that certain land in the State is alienated only to Malays. D) To ensure the Malays have their own land in their own country. Under The Malay Reservations Enactment F.M.S. Cap. 142, references on the procedures to gazette a land as Malay Reservation is as follows:A) Article 86 B) Article 87 C) Article 88 D) Article 89 What is the purpose of introducing the restrictions and limitations of a Malay holding. A) To ensure the proprietor has no right to amend the laws. B) To ensure the land or any interest in it will continue to be in the hands of the Malays. C) Any dealings of the land can only be made by a Malay Land Administrator. D) The enable the proprietor of any Malay holding has the power of attorney of its own land. List down the 4 types of dealings that is included in the restrictions in a Malay holding A) ______________________ B) ______________________ C) ______________________ D) ______________________

6.7

6.8

6.9

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6.10

Which Section of the Enactment empowers the Menteri Besar to revoke any Malay Reservation. A) Section 2 B) Section 4 C) Section 6 D) Section 8

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Feedback to Activity 6b

6.6 6.7 6.8 6.9

C D B Transfers Charges Leases Dealings By Attorneys Private and Trust Caveat Vesting in Official Assignee in case of Bankruptcy Attachments in Execution On Trusts On Probate and Letters of Administration On Sale at the instance of the Encumbrances B

6.10

Good !!! you have finished with this round, before proceed to the final round lets have a look at the main facts of the unit..

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KEY FACTS

Malay Reserve Land is a land legally owned by Malays or natives of the state as stated in Art. 89 of the Federal Constitution, MRL. All states in Malaysia exists Malay Reservation except Penang and Malacca. State Authority is given the power to declare a land as a Malay Reserve. The land is governed by restrictions and limitations to ensure the land or any interest in it will continue in the hands of the person/body as state in the law.

Well !!! you are coming to the end of the round the Selfassessment !!! Okay.. lets go

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Self-Assessment 6

Try all the questions in this self-assessment section and check your answers with those given in the Feedback on Self-Assessment given on the next page. If you face any problems, discuss it with your lecturer. Good luck.

1.

Malay Reservations Enactment is introdued for the importance of Malays. What is important element stated in the Enactment? List the process of degazetting the Malay Reservation?

2.

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Feedback To Self-Assessment 6

Have you tried the questions????? If YES, check your answers now. 1. The important elements contain in the Enactment is the provisions relating a Malay holding land which are as follows: a) The provisions relating to the declaration of land as Malay reservation and the revocation of such declaration by the State Authority b) The provisions prohibiting the State Authority from disposing land within a Malay reservation to a non-Malay c) The provisions prohibiting the land registrating authority from effecting registration of any dealing in respect of land owned by a Malay to a non-Malay d) The provisions relating to exemptions for the prohibitions as stated in (b) and (c) above for certain nonMalay persons/bodies. The process of degazetting the Malay Reservation are as follows: a) L.A. prepares paper recommending revocation of declaration of land as Malay Reservation for consideration of the State Authority. b) State Authority approves revocation. c) L.A. takes appropriate actions upon publication in the gazette of the declaration or revocation. d) L.A. is to present a requisition in Form C of the First Schedule of the Enactment containing all alienated lands affected by the revocation.

2.