LAND ACQUISITION ACT 1960

PART II ACQUISITION
1. S. 3
(1)State Authority may acquire any land for:
a) any public purpose;
b) by any person/corporation, for purpose which will the
economic development of Malaysia/any part
thereof/general public; or
c) mining/residential/agricultural/commercial/industry/recre
ational or any combination of such purpose.
(2)Application for (b) and (c) shall be in writing to Land
Administrator in the prescribed form under this Act.
(3)Must be accompanied by:
Project proposal;
Layout and acquisition plan;
Prelim Government valuation report of the land to be
acquired; and
Fee prescribed in the Rules.
BUT if for public utility, State Authority may grant partial or
total exempt from payment of any fee to Federal/State
Government empowered to hold land under any written law.
(4)LA transmit application and accompanying documents to State
EPU. If in KL, to the Committee (Committee for Federal
Territory of KL) Jkuasa Khas Pengambilan Tanah if he is
satisfied that they are in order.
(5)LA may reject if not complete.
(6)If :
Land applied for under (2) has a development approval
granted to the owner; or
It is not for public utility, State Authority shall not
consider the application and will reject accordingly.
S. 3AMatters considered by State EPU or Committee:

(1)

State EPU/Committee shall consider application on the

following aspects:
(a) public interest;
(b) capacity and capability of applicant to undertake project;
(c) feasibility of project;
(d) development approval granted to owner.

(2)

If theres development approval granted in respect of any land

and acquisition is for public utility, State EPU, Committee for
FT KL shall determine whether its appropriate for the owner
to participate in the project.

(3)

If appropriate, then they will give direction for developer to

negotiate with the owner within specified period. Negotiations
include: co-operation and commercial arrangement including
but not limited to equity participation.

(4)

Applicant (developer) shall furnish report on result of

negotiation to State EPU/Committee FTKL, must be sufficient
to determine nature and extent of owners participation in the
project.

(5)

If negotiation succeeds, then application for acquisition shall

not proceed.

(6)

If failed, State EPU, Committee for FTKL, may proceed to

consider application and make recommendation BUT shall
not include compelling owner to accept any participation in
the project.

(7)

After application has been considered, transmit application

with accompanying documents and report, together with
recommendation to :
i.

Committee (State); or

ii.

State Authority (FTKL)

Provided: where Committee FTKL makes recommendation to State

Authority, it may include imposition of any condition and restriction
in interest on the land as provided in the State land law.

S 3B Where there is no development approval, S3A does not

apply except subsection (1)(a), (b), (c) and (7).
If State EPU or Committee FTKL find sit necessary for owner to
participate, then they may give direction to applicant developer to
negotiate under S3A (3), (4), (5), (6) and (7) (with necessary
modification).
S3C The Committee
(1)

for the purpose of this Act, there shall be established a

Committee known as Jawatankuasa Khas Pengambilan
Tanah.

(2)

members - State and FTKL.

S3D Evaluation by the State Committee

(1) Evaluate and not later than 2 months, put up recommendation
to State Authority. Recommendation may include imposition of
any law.

S3E Decision of State Authority

(1) May approve or reject application
(2) Any acquisition larger than the area needed for the purpose will
not be approved
(3)If approve under (1), shall notify LA together with such terms
and conditions, and LA shall inform applicant.
(4)Applicant shall reply within 30 days from date of receipt of
notification to confirm acceptance of terms and conditions,
failing which, application shall be deemed withdrawn.

S3F withdrawal from acquisition by Applicant

(1)Applicant may withdraw before publication of declaration

under S8 by giving notice in writing to LA.
(2)Where applicant withdraws or deemed withdrawn under
S3E(4), LA shall conduct enquiry to determine amount of
deposit to be forfeited for payment of compensation to
interested person(s).
(3)Section 35 (2) and (3) shall apply with necessary
modifications.
S4 Preliminary Notice
(1)State Authority shall give notice in form A and publish in
Gazette.
(2)Manner prescribed in S52 - Public Notice other than in
gazette, to be posted in District Land Office/public notice
boards in the mukim or township in which land is situated or
such other places near the land specified in such notice.
(3)Notice lapse if not published in gazette 12 months from date
of declaration under S 8(1)
S5 Power of entry and survey
(1)State Director by written authority, authorize any officer and
workmen to enter upon any land specified in notice published
under S4.
(2)The person cannot enter unless : consent of occupier
obtained; failing such consent, he has given occupiers 3 days
notice in writing of his intention to do so.
S6 Payment for Damage
(1)If officer causes damage to any land, he shall as soon as
possible compensate occupier for all such damage.
(2)If theres any dispute as to compensation, he shall refer to
dispute to LA
(3)Any person aggrieved by LAs decision, may appeal to State
Authority decision is final.

S7 Preparation of plan and list of lands - LA to submit to State

Authority plan of the whole area showing the area to be acquired
and list of such lands.
S8 Declaration the land is for public purpose
(1)When State Authority decides on any lands to be for purpose
in S3, declaration in Form D shall be published in the gazette.
(2)Copy of list of lands to be included in declaration
(3)Declaration is conclusive evidence that lands are needed for
purpose specified in the declaration.
(4)Declaration shall lapse 2 years from date of its publication in
the gazette.
(5)Where declaration has lapsed, section 35(2), (3) and (4) shall
apply with necessary modification.
S9 Land to me marked out
S9A LA to obtain information on land use of scheduled lands
Commencement of proceedings
S10- LA to commence proceedings
- Giving public notice in Form E and by fixing date of inquiry
for hearing of claims to compensation for all interest in such
land
- Inquiry to be held not earlier than 21 days after publication of
notice
- Schedule in form D to be appended to every notice in Form E.
S11 Service of notice
S12 Enquiry by LA
(1)Full enquiry on value of the scheduled lands, and soon
thereafter assess amount of compensation LA may obtain
written opinion of valuer
(2)Enquire into respective interest of persons claiming
compensation, and into objections, if any.
(3)LA may adjourn or postpone enquiry for sufficient cause.
S13 Power to summon witness

(1) LA shall have all the powers of the court to summon witness.
(2) Every person required to appear, legally bound to do so
within meaning of S 175 and s176 of penal code.
S14 Award of LA
(1)Upon conclusion of enquiry, LA shall prepare written award
under his hand in Form G.
(2)Every award shall be filed in office of LA and shall be final and
conclusive evidence of : area, value and apportionment of
compensation awarded,
(3)Award shall not be invalidated for reason that area is smaller
or bigger, provided difference does not exceed hectare or
1% of area of scheduled land, whichever is greater, and
provided that person aggrieved may make objection.
(4)If greater than hectare or 1% of scheduled area, no
necessity for further declaration; if lesser, formal withdrawal
under S35 is not necessary.
(5)LA shall determine amount and shall include any fee (valuer,
proceedings.
S15 Power of LA to enter upon arrangement
(1)LA may enter into arrangement having interest in the land;
(2)Shall be entered into register.
S16 Service of award
(1)Award in Form H
(2)Form H shall include extract from written award by LA.

Part VI
Service of Notice

S52 See earlier notes

S53 Service of notice
(1)Delivering or tendering notice, duly signed by LA or other
proper authority: to the person notice is addressed to;
If cannot be found, to any adult member of his family residing
with him and acknowledged.
(2)Failing which, fixing a copy: a) on outer door of building
person ordinary dwells or carry business; b) on any public
notice boards in town, village or mukim he usually resides.
(3)Posted in some conspicuous part of such land;
(4)Time, place and manner service is effected to be entered on
the original document served, office copy or a record book
and signed such statement
S54 Service upon agent
(1)If not found or no adult family member and where he doesnt
reside within the State, LA shall:
a. Effect service upon authorised agent entitled to act for
such party;
b. Failing which, Registered post if address can be
ascertained; and
c. Publish in newspaper circulating in the State.
S55 Service on and appearance of interested persons
(1)In any proceedings under this Act,
a. To serve upon a rep of any government, person or
incorporation on whose behalf proceedings were
instituted;
b. Any rep in (1) may appear and be heard on behalf of
such government, persons or incorporation.
(2) Certificate under hand of State Secretary certifying person is
such rep is conclusive evidence.
S56 Omission etc not to invalidate proceedings
Failure to publish notice or make due service shall not invalidate
any proceedings under this Act.

FIRST SCHEDULE
PRINCIPLES RELATING TO THE DETERMINATION OF
COMPENSATION

1. Market value
2. Matters to be considered in determining compensation
a) market value;
b) any increase in value of other land likely to accrue from the
use to which land to be acquired will be put;
c) damage sustained by person interested;
d)
e)
f)
3. Matters to be neglected in determining compensation
a) degree of urgency;
b)
c)
d)
e)
f)
4. Limitation on Award.