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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)
(2)
(3)
(4)
(5)
(6)
(7)
Committee (State); or
ii.
(2)
(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
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.