1947 - 1964 PTG

KANDUNGAN
BIL. BIL.PEK. TAJUK SYOR M.SURAT
1 1/47 REBATES OF RENT (XX) 1
2 2/47 PAYMENT OF LAND RENT BY INSTALMENTS (XX) 3
3 1/49 REBATE OF RENT - DISCONTINUANCE OF (XX) 5
4 1/50 CAVEATS UNDER SECTION 11(1) OF DEBTOR 6

AND CREDITTOR ( O.P.) ORDINANCE 42/48
5 2/50 SETTLEMENT OF LARGE LOTS FOR 7

GRANTS OR LEASE
6 3/50 CONTROL OF CULTIVATION OF TAPIOCA 8
7 4/50 NOTICE OF FORFEITURE AND RE-ENTRY 9

FOR ABDOMENT
8 1/51 SOIL EROSION CONDITION UPON ALL FUTURES E.M.Rs 10
9 2/51 BACK RENTS ( <> ) 11
10 3/51 REVENUE DERIVED FROM LICENCES FOR 12

TEMPORARY OCCUPATION OF STATE
LAND FOR WAYANG, ETC
11 4/51 REVISION OF RENTS 13
12 5/51 RESCISSION OF EXPRESS CONDITION 16

PROHIBITING THE PLANT OF RUBBER
13 6/51 CUSTODY OF MUKIM REGISTERS IN SUB-DISTRICTS 17
14 7/51 REVISION OF RENTS 18
15 8/51 SERVICE OF NOTICE OF SALE FOR 19

ARREARS OF RENT
16 9/51 CANCELLATION OF OBSOLETE C.L.& M. CIRCULARS 20
17 1/52 LEASES FOR PETROL STATION 21
18 2/52 CERTIFIED COPIES OF TITLES 22
19 3/52 APPLICATION FOR LAND 23
20 4/52 TOWN AND VILLAGE LANDS AND TOWN 24

BOARD AREAS
21 5/52 LAND ACQUISITION 25
22 6/52 RESERVATION OF LAND FOR A PUBLIC PURPOSE ( XX ) 26

~ FORM OF GAZZETE NOTIFICATION
KANDUNGAN
23 7/52 LAND ACQUISITION (XX) 28
24 8/52 WIDTH OF SHOP ABUTTING ON STREETS 29
25 9/52 PUBLIC NOTICES OF SALES SECTION 89, 30

LAND ENACTMENT
26 10/52 LICENCES UNDER RULES 21 L.E. (XX) 31
27 1/53 PROCEDURE UNDER THE LAND (XX) 32

ACQUISITION ENACTMENT
28 2/53 BAIT-UL-MAL 33
29 3/53 THE LAND ACQUISITION ENACTMENT 34
30 4/53 CARE OF SURVEYING AND DRAWING (XX) 36

EQUIPMENT
31 1/54 TERM OF ALIENATION OF LAND FOR (XX) 37

VEGETABLES GROWING TO NEW VILLAGES
32 1A/54 TERM OF ALIENATION OF LAND FOR (XX) 39

. VEGETABLES GROWING TO NEW VILLAGES.
33 2/54 EXECUTION OF DOCUMENTS IN 40

ANTICIPATION OF THE REGISTRATION
OF OTHER DOCUMENTS PRECEDING THEM
34 3/54 REGISTER OF APPLICANTS FOR LAND(LANDS 43) (XX) 41
35 4/54 ACQUISITION AWARDS FOR COST OF 42

MOVING BUILDING
36 5/54 ACQUISITION OF LAND 43
37 6/54 LICENCES UNDER WATER ENACTMENT (**) 44
38 7/54 PRODUCTION OF MEMORANDUM AND 45

ARTICLES OF ASSOCIATION OF A COMPANY
39 8/54 CUSTODY OF DOCUMENTS PRESENTED 46

PENDING REGISTRATION
40 9/54 CANCELLATION EXPRESS CONDITIONS 47

IMPOSED IN ERROR
41 10/54 ALIENATION ON GRANT OR LEASE ~ (XX) 49

REQUISITIONS FOR TITLE
42 11/54 REMISSION OF LAND RENT (EMERGENCY (XX) 50

ARREARS) PROCEDURE
43 12/54 APPLICATION FOR CORRECTION OR CHANGE NAME 53

KANDUNGAN
44 13/54 LEGAL NOTIFICATION – DESCRIPTION 56

OF LAND
45 14/54 DIVIDING & COMBINING LAND PROCEDURE (XX) 58
46 15/54 LEGAL NOTIFICATION ~ CITATION OF 64

APPOINTMENTS
47 16/54 LAND ACQUISITION ~POSSESSION AND (XX) 65

VESTING OF LAND ACQUIRED
48 17/54 FORM OF CHARGE ~ GOVERNMENT LOANS TO OFFICERS 68
49 18/54 LAND ACQUISITION ~ POSITION OF PROPRIETOR OF ( X X ) 71

LAND BEING ACQUIRED
50 19/54 PROSPECTING APPLICATIONS AND ( XX ) 74

SECURITY PROCEDURE
51 1/55 LAND REVENUE SALES ~ ANNULMENT (XX) 76
52 2/55 SMALL ESTATE DISTRIBUTION SUITS ~ NOTICE FEES 77
53 3/55 LAND REVENUE SALES – DEFAULT IN PAYMENT (XX) 78

BY AUCTION PURCHASER
54 4/55 USE OF LAND FOR GOVERNMENT ( XX ) 79

PURPOSES
55 5/55 REGISTRATION – LOSS OF TITLES (SECTION 18, 80

LAND ENACTMENT)
56 6/55 LAND REVENUE SALES – REVERSION TO RULER (XX) 83

ON SALE
57 7/55 LAND USE CONTROL – CONDITION OF 84

TITLE FOR E.M.R.
58 8/55 ACQUISITION ~ AWARDS AND REFERENCES TO (XX) 86

COURT
59 9/55 PROPRIETARY MINING LICENCES PROCEDURE (** ) 90
60 10/55 CORRECTION OF NAMES IN MUKIM REGISTER 91
61 11/55 LICENSING ~ WATERS ENACTMENT ( XX ) 92

JETTIES WITHIN PORT LIMITS
62 1/56 TERMS OF ALIENATION~CINEMA SITES 93
63 2/56 REGISTRATION ~POWERS OF ATTORNEY 95

KANDUNGAN
64 3/56 LAND REVENUE SALES ~ SURPLUS (XX) 96
65 4/56 LAND RENT REMISSION (EMERGENCY AREAS) (XX) 97

ARREARS PRIOR TO REMISSION
66 5/56 LAND RENT REMISSION (EMERGENCY AREAS) (XX) 98

MINING RENT
67 6/56 USED OF LAND FOR GOVERNMENT (XX) 99

PURPOSES ~ TEMPORARY OCCUPATION
UNDER STATUTORY POWERS
68 7/56 REGISTRATION ~ MINORS 108
69 8/56 VALUATION – STAMP DUTY 110
70 9/56 MALAY RESERVATION ~ RACIAL QUALIFICATION. ( <> ) 113
71 10/56 RIGHT OF WAY ~ SEC.6 L.E. (XX) 114
72 11/56 PROSECUTION FOR ILLEGAL OCCUPATION 116

OF STATE LAND
73 1/57 CHARGES OF LAND TO SECURE OVERDRAFTS 118
74 2/57 EXTRACTION OF TIMBER FROM LAND BEFORE (XX) 119

ALIENATION
75 3/57 RE-ORGANISATION OF LAND ADMINISTRATION 121

IMPLEMENTATION OF “FELTEAD RECOMMENDATIONS”
76 1/58 REVISION OF RENT ON DECLARATION OF (XX) 124

A TOWN SHIP
77 2/58 DEPOSIT ON APPLICATION FOR (* *) 125

PROSPECTING PERMITS
78 1/59 RESTRICTIONS ON THE PLANTING OF RUBBER 126
79 2/59 R/S FOR AREAS COVERED BY TOWN PLANNER’S (XX) 127

LAYOUT
80 3/59 PAYMENTS OF COMPENSATION ON 128

BEHALF OF C.E.B.
81 4/59 APPLICATIONS FOR STATE LAND CONTAINING (XX) 129

RUBBER
82 5/59 LAND DEVELOPED UNDER THE RUBBER 130

INDUSTRY (SMALLHOLDERS NEW PLANTING) SCHEME,1957
83 1/60 SURVEY PRIORITIES ( XX ) 132

KANDUNGAN
84 2/60 SUBDIVISION WITHIN TOWNBOARD AREAS (XX) 134
85 3/60 ACCESS RESERVES ON SUBDIVISION LAND 135
86 4/60 GROUP SETTLEMENT AREAS ~ ( <> ) 136

CONSOLIDATED ANNUAL CHARGE
87 5/60 LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960 ( <> ) 137
88 1/61 LAND (GROUP SETTLEMENT AREAS) ACT, 1960 138

CONSOLIDATED ANNUAL CHARGE – MALAY
RESERVATIONS
89 2/61 ACCESS RESERVES ON SUBDIVIDED LAND (XX) 139
90 3/61 NOTICES UNDER SECTION 4 OF LAND ( <> ) 140

ACQUISITION ACT, 1960
91 4/61 T.O.Ls FOR STREET STALLS (XX) 142
92 5/61 POSSESION OF PREMISES ON ( <> ) 143

ACQUIRED LAND
93 6/61 COLLECTION OF CONSOLIDATED ANNUAL ( <> ) 144

CHARGE IN GROUP SETTLEMENT AREAS
94 1/62 ASSIGNMENT OF RIGHTS - ( <> ) 146

F.L.D.A. SCHEMES
95 2/62 MALAY RESERVATION ~ ENDORSEMENT OF TITLE (XX) 147
96 1/63 ENQUIRY AND AWARD OF COMPENSATION (**) 148
97 2/63 TITLE FEES CHARGEABLE ON SUBDIVISION (XX) 150

REGISTRY TITLES
98 3/63 SUBDIVISIONS ~ SURRENDER OF ACCESS RESERVES (XX) 151
99 1/64 SURVEY FOR MINING CERTIFICATES ( <> ) 152

PERHATIAN KEPADA SIMBOL-SIMBOL
1. (**) BAGI DIKEKALKAN

2. (XX) BAGI DIMANSUHKAN
3. ( <> ) BAGI DIUBAHSUAI
Ref : No. 29 in CL & M 218 / 46
C.L. & M CIRCULAR NO. 1 of 1947 ( X X )

REBATES OF RENT
Collectors are informed that the following procedure regarding rebates of rent on
country lands exceeding ten acres in area should be adopted with effect from 1.1.47 :-
A. LAND CONTAINING RUBBER DESTROYED BY JAPANESE INTRUCTIONS OR OWING TO

CIRCUMTANCES ARISING OUT OF ENEMY OCCUPATION
(i) if replanted with rubber, rebate of rent may be granted so as to reduce

the annual rent to $1 per acre for the first 6 years after such replanting
has taken place.
( ii ) If neither replanted with rubber nor planted with an approved

agricultural product, rent may be reduced to the amount payable per
acre inrespect of 1942 if the title is one with a progressive rent [ L.R. 13
Table IB ( ii ) ] : if the title is not one with a progressive rent, then no
rebate is allowable.
( iii ) If planted with an approved agricultural foodcrop, rebate may allowed

inaccordance with C below ( only for padi )
B. “JUNGLE RESERVE” The rubber Regulation Enactment ( Johore No. 1 of 1937 ) is still
in force and areas which have not carried rubber plants since 7.5.34 cannot be “new planted”
. Certain estates were granted rent concessions on this score prewar and these concessions –
and these alone are being continued as long as new planted is restricted.
C LAND PLANTED WITH AN APPORED AGRICULTURAL PRODUCT :
(I) The approved agricultural product and the rent per acre per annum after rebate
has been granted are as follows:-
(a) coconuts and arecanuts ………….$2.00 ) discontinued

)
(b) maize, ragi, groundnuts, beans, ) w.e.f. 1.1.50
Peas, sweet potatoes, tapioca, ) see 1/49
Green vegetables, coffe …………..$1.00 )
(c) Padi ………………………………. 60 cts.
( ii ) To qualify for rebate the land must have been planted by the 1st. June
D ESTATE LABOURERS SETTLEMENTS :
The provisions of CL & M Circular 8 / 39 will continue in force but para ( 1 ) should be
amended by substituting “the 1st day of June” for the “ 1st day of April.”
1
2. All application must be received in the office of the Collector before the 1st June.
3. Collectors should forward to the Senior Officer, Lands & Mines with their
recommendations all applications which comply with these condition. The
Senior Officer Land & Mines has full authority to approve or disallow claims.
4. In forwarding applications for consideration, Collectors should report the date

on which they were received and attach a report on the condition of the
cultivation of the areas in respect of which rebate is claimed, and, in cases where
a portion only of a holding is entitled to rebate, a plan showing this area should
also be forwarded.
Sgd. Dato Awang Bin Omar

SENIOR OFFICER LANDS & MINES, JOHORE.
Johore Bahru,
5th. February 1947
To ALL CLRS Dy. R.C. ( West ) at Batu Pahat

S.R.C. Johore Dy. R.C. ( Central ) at Kluang
State Agric. Officer J.B. & Senior Asst. Auditor J.B.
Previous Circular on Rebate are : 6 / 35 , 12 / 40, 3 / 40
2
Ref : No. ( 27 ) in. CLM. 21 4/46
C.L. & M. CIRCULAR NO. 2 of 1947 ( X X )
PAYMENT OF LAND RENT BY INSTALMENTS
Enactment 124 ( Land Rents ) is being brought back into operation with effect from
1.1.47. Collectors will be authorized under Section 3 ( I ) to accept payment by installment of
land rent due in respect of the year 1947 in all cases where the aggregate rent due is $100 or
over. It will not be possible to aggregate rent on Titles situated in different Mukim, still
outstanding arrears of the 1946 rents.
2. An Installment register, and an Installment Rent Roll in the form attached should be
kept. These form are based on a half and full sheet respectively of a Mukim Rent Roll, taken
lengthways.
3. Applications for the privilege of payment by installments should be made not later than
the 30th April, and the application must be accompanied by complete lists of titles. The
necessary particulars should then be entered in the Mukim Rent Roll in the column provided
for date of receipt.
4. In the Installment Rent Roll separate pages should be kept for each Mukim, and the first
three column will be entered from the Installment Register. The amount of the installment to be
entered in the 4th column will be ¼th of the total amount due ; calculations will be rounded off
to the next 10 cents, and difference, up or down, being adjusted on the final installment. The
final installment if different should be shown also in the 4th column e.g. $22-00 / $21-60. As
each payment is made it will be entered in the appropriate column. Individual Titles will not be
shown in the receipt, all that will be required will be the Mukim and Installment Register serial
number.
5. The first installment must be paid before the end of May, and succeeding installments
by the end of July, September and November respectively. March, May, July, September
( vide 138 in CLM. 214 / 46 ).
6. By virtue of Section 3 ( I ) of the Enactment the Resident Commissioner has ruled that no
arrears *fees will be charged until a Notice of Sale under Section 88 of the land Enactment has
issued, and that no such notice shall be issued provided installment are paid within the
stipulated date. Upon the failure to pay any installment within the stipulated date the whole
balance due becomes an arrear entailing action by the Collectors to issue Notice of sale. In
such cases the Installment privilege will normally be forfeited, but Collectors may exercise their
discretion upon this point, provided that sufficient installments are paid to bring the total to the
proper figure. Reinstatement in the Installment Register, after Notice of sale has issued, does
NOT authorize the remission of arrears fees. These should be calculated on the aggregate
unpaid and not on individual titles, and the necessary entry made in the relevant column of the
Installment Rent Roll.
3
7. A separate Cash Book should be kept for payment by installment. On receipt of the final
installment the total rent collected on each title should be entered in the Mikuni Rent Roll.
Installment must not be placed on Deposit but must be paid to Revenue.
Sgd : Dato Awang Bin Omar

SENIOR OFFICER LANDS & MINES, JOHOR.
Johore Bahru,
11th February 1947
*See also Circ, 8 / 35
4
Ref : No. ( 4 ) in CLM. 569 / 49
C. L . & M. CIRCULAR NO. 1 OF 1949 ( X X )
REBATE OF RENT – DISCONTINUANCE OF.
With effect from 1.1.1950 no rebate will be allowed under Land Rule 13 Table 1 B ( ii )
on land which exceed 10 acres in area cultivated with coconuts or arecanuts or any of the
other approved agricultural products except padi. The following are the other approved
agricultural product : -
Maize
Ragi
Ground nuts
Beans
Peas
Sweet potatoes
Tapioca
Green Vegetables
Coffee
Padi
J. S. H. Cunyngham – Brown , MCS . ,

COMMISIONER OF LANDS AND MINES,
JOHORE.
Johore Bahru,
19th November 1949
5
Ref. No. 3 in CLM. 114/50
C . L . & M . CIRCULAR NO. 1 OF 1950 ( X X )
CAVEATS UNDER SECTION 11 (1) OF

DEBTOR AND CREDITOR ( O. P. ) ORDINANCE 42/48
Section 11 ( 9 ) of the debtor and creditor ( Occupation Period ) ordinance 42 / 48

defines a „a bona fide purchaser or chargee‟ as a purchaser or chargee who has obtain title
otherwise than by fraud.
An unregistered Agreement of Sale supported by a Power Of Attorney should not be

regarded as a „title‟ for the purposes of that definition.
Hence, for instance, a caveat under section 11 (1) of that ordinance against immoveable
property subject to a pre-occupation charge (discharge during the occupation) which is sought
to revive may, even though it is claimed that after its discharge or purported discharge such
property has been transferred by virtue of an unregistered Agreement of Sale and Power of
Attorney, be accepted.
But please note that the holder of such an Agreement of Sale and Power of Attorney
would also be entitled to present a caveat.
Sgd.
J . S . H . Cunyngham-Brown, MCS.,
COMMISSIONER OF LANDS AND MINES,
JOHORE.
Johore Bahru,
13th. February, 1950
6
Ref : No. (4) in CLM. 494 / 49
C. L. & M. CIRCULAR NO. 2 of 1950
SETTLEMENT OF LARGE LOTS FOR

GRANTS OR LEASE
I. L. O. 29 is hereby amended by the addition, immediately after the letter “C” on page
9, of the following words,
The necessity or otherwise of settlement after survey is in the discreation of the

Collector in respect of all areas other than those held on E. M. R. or those
whose survey results from sub-division.
J. S. H. Cunyngham – Brown , MCS . ,

JOHORE.
Johore Bahru,
13th February 1950
7
C.L.&M. CIRCULAR NO. 3 of 1950
CONTROL OF CULTIVATION
OF TAPIOCA
Dibatalkan. Rujuk kepada Pekeliling 7/55
8
Ref : CLM. 614/50
NOTICE OF FORFEITURE AND RE-ENTRY ABDOMENT.

(SECTION 41, LAND ENACTMENT)
Schedule
Schedule G is a Notice warning the owner that the land will be forfeited unless he) G must be
complies with one or the other of the two conditions imposed upon him by the ) gezetted as
notice. ) well.
2. A copy of the notice shall be served on the proper registering authority who will make a
pencil note on the register. An Abstrect of Title supplied while the land is under such notice
must be endorsed “subject to forfeited proceedings, Section 41”.
3. On the expiration of three months from the service of notice on the form of Schedule G
the collector will cause the land to be inspected and will ascertain whether the propreitor has
made a bona fide commencement to cultivate it or not.
4. If the Collector finds that a bona fide commencement to cultivate has been made, he will
forthwith discontinue forfeited proceedings.
5. If he finds that a bona fide commencement to cultivate has not been made he will, on
the expiration of three months from I date of the notice, refer to the Commissioner for
permission to re-enter.
6. If the Alineated claims that he has not abandoned the land, the Collector ) No need to
will forward the statement of the proprietor, together with his own report, to the ) refer to Exco
Commissioner for Submission to his Highness the sultan in Council. ) if CLM
agrees to
drop
proseedings.
7. If it is decided by his Highness in Council that the land should not be forfeited, this
office will so inform the Collector, whose duty it then is to notify the owner accordingly.
8. If it is decided that forfeiture shall be completed the attched notice will be served in the
manner prescribed in Land Rule 20, published in the Gazette, and posted on the land. A copy
must be served on the proper registering authority who will cancel the register copy and
initiate action to recover the issue copy of the document of title for distruction.
9. C.L.&M. Circular No.5 of 1939 is hereby cancel.
J.S.H. Cunyngham-Brown, MCS.,

JOHORE.
Johor Bahru,
15th October, 1950.
See CLM.495/50 for the history of this.
9
C. L. & M. CIRCULAR NO. 1 of 1951
SOIL EROSION CONDITION UPON ALL FUTURES E.M.Rs
10
Ref : No. 16 in CLM. 45. / 33
C. L. & M. CIRCULAR NO. 2 of 1951 ( <> )
BACK RENTS
After considerable discussion with the Legal Adviser, it has been decide that the present
system of charging back rents on an alienation of land which has been illegally occupied prior
to application is incorrect.
2. It is not suggested that applicants in these cases should not be made it pay some penalty,
but it is considerable that this penalty should take the form of enhanced premium rather than a
charge of rent for land which had not been alienated during the years for which it is charged
and which is open to obvious objections.
3. In future , therefore , when making recommendations for alienation of land which has
been in illegal or unauthorized occupation premium should be assessed according to the
normal rules with an enhancement in respect of the rent for the years of illegal occupation. In
practice the total amount to be paid will probably be the same, but the objection is to the
charging of back rent as such. Back rent should be include in the total premium assessed.
C. L. & M. Circular No. 21 of 1934 is hereby cancelled.
D. A. Someville, MCS.,
Ag. COMMISIONER OF LANDS & MINES,
JOHORE
Johore Bahru ,
8th August 1951
11
Ref : No. 2 in CLM. 578 / 51
C.L. & M. CIRCULAR NO. 3 of 1951
REVENUE DERIVED FROM LICENCES FOR TEMPORARY

OCCUPATION OF STATELAND FOR WAYANG. ETC.
The Senoir Auditor has brought to my attention certain discrepancies in the practice in
various districts for crediting revenue deriver from Licences for temporary occupation of State
land for wayang, show, Fruitstall etc
2. In all cases where such Licences are issued they should be in the normal form
provided for Temporaray Occupation Licences and the proceeds should be credited to revenue
under the following heads:-
Class I - Duties, Taxes and Licences.
Head 3 - lands and Mines
Sub-Head 5 - Lands Rents ( Under Annual Licences )
3. It is understood that in one district the revenue has been credited under Class IV,
Head 8, Sub-Head 78. This is obviously incorrect and in future all revenue should be credited
as in paragraph 2 above.
JOHORE
Johore Bahru ,
23rd August 1951
12
Ref : CLM. 572 / 49
C.L. & M. CIRCULAR NO. 4 of 1951
REVISION OF RENTS
At the meeting of Executive Council on 28th August 1951 the proposal for the revision
of rent put up by the Land Policy Committee were approved. This approval is subject to the
agreement of the Council of State which is meeting on 26th. September, but in order togive
Land Offices as much time as possible for the preparation of their books it has been agreed that
machinery for arranging for the charging of new rents with effect from the 1st of January 1952
should be put in motion as soon as possible.
2. The revision approved is as follows:
(A) For Country Land the standard rent on all Land

( except that planted with padi, nipa and rumbia )
should be $6.00 per acre.
(B) With regard to Town and VillageLand the approved recommendation are as
follows:-
(I) BuildingLand in Towns or villages $5/-

per annum for 1,000 square feet or part thereof
( ii ) TownLand&15.00 per acre per annum
( iii ) VillageLand $10.00 per acre per annum.
3. This revision of rent affect all land alienated after the 9TH September 1916. vide Gazette
Notification No. 95 of 1916 with is reprinted in the front of the book of Land Rules( 1939
edition )
4. There are two circulars from the Commissioner of Lands, Federation of Malaya, viz.,
C.L. Circulars 7 and 13 of 1951, which deal with the procedure for implementing this revision.
5. As regards Mukim Registers the procedure is fairly straight forward. A memorial will
have to be entered against all title of Mukim Register which are liable to the revision, that is to
say, all land alienated after 9th of September, 1916. Care should be taken to see that titles
registered after this date are not in fact in continuation of titles registered after this date , If they
are in continuation, the revision does not take effect as the original alienated took place before
it. The date of alienation will be taken to be the date of registration of the title - not the date of
issue of the title.
6. Rent on Approved Occupation should also be revised according to the new scale: also
rent on Surat Sementara*, but if there are any Surat Sementara issued before the 9th September
of 1916 reference should be made to this office before revision takes place.
7. It is suggested that Collectors should start as soon as possible to write up their new rent
rolls in order that they
13
*Note:- Rents are reviseable on all existing S.S. . If A S.S. was converted into an EMR or
other title before 10.9.1916 the rent on such EMR or other title would not be
reviseable.
( Ref: 11 in CLM. 7546/51 )
may be ready for collection of rents at the rates at the beginning of 1952. In the case of each
entry comparison must be made with either th Titles Index ( in the case of Grants and leases )
or the Mukim Register to ensure that the title concerned was not issued before th 9 th of
September 1916 or was not issued in continuation of a title so issued. The opportunity should
also be taken of checking that the names in the rent rolls are those of the present registered
owners. It is believed that in some offices liaison between the registration branch and the
revenue branch is not as close as it should be with the result that the latter is not always
informed by the former of changes of ownership.
8. As far as title registered in this office are concerned , alteration will be made in the
register documents of title filed here, and lists of mutations will be sent to district in thr
ordinary way; but Collectord should also check their Index of Title with the rent rools not later
than the end of November and again in the middle of December to make sure that alterations
have been made.
9. Rubber stamps should be prepaid reading:
“In accordance with section 4 of the Land Enactmen ( No. 1 of Laws of Johore ) rent on
the landheld under this totle has been revised by the Ruler in Council to the sum $ . . . . . . . . . .
. . and cents . . . . . . . . . . . . . ( Dollars .. . . . . .. . . . . . . . . . . . and cents . . . . . . . . . . . . . . . . . . . .
)with effect from 1st January 1952.
Collector of Land Revenue,
………….……………………………
10. It is appreciated that this revision will throw a great deal of work on all Land Offices at
a time when they are already exceedingly busy, but it is important that the rent rolls should be
ready for collection of rent at the new rates by the end of this year; otherwise we may find that
the public are coming forward in January to pay rents and we are not in a position ta charge
them the full amount which is then due.
11. As regards the Commissioner of Lands Circular No.13 of 1951, I proposed as mentioned
above to follow the procedure laid down under paragraph 6 thereof, in other words the initial
work will be done in this office and records of mutations will be sent o the districts for the
correction of their Titles Index and their rent rolls.
12. As regards the insertion of the appropriate memorial on issue documents of title, it is
considered that this may be done gradually as documents of title are broughr in to the office for
payments of rent or for transactions. If we are to call in all documents of title by notice, this
would involve a vast amount of work and would overload the Lad Offices and lead to great
delays in returning the documents of title. It should be possible, say, in a year‟s time for us to
14
compile lists of document of title on which appropriate entries have not yet been made and they
can then be called in. It might also be advisable in the lattern part of 1952 to issue warnings
through Penghulus and the Public Relations service to the public to bring in their titles for the
necessary entry to be made.
JOHORE
Johore Bahru ,
10rd September 1951
15
Ref: CLM. 349/49
RESCISSION OF EXPRESS CONDITION PROHIBITING

THE PLANTING OF RUBBER
At a meeting of The Land Policy Committee held on 14th August 1951 the policy
regarding the rescission of express conditions on titles prohibiting the planting rubber was
discussed. The opinion of the I was that the rubber plented between 1942 and the end of 1949
contrary to an express condition should be permitted to remain provided that due application
for rescission of the express condition had been received. This permission would of course be
subject to the increase of rent and payment of an increased premium.
2. It was also considered that applications in respect of rubber planted after 1949 should
be refused and that normal procedure under section 5 of The Land Enactment should be
followed in this cases.
3. In all cases where recession is approved a special condition should be imposed insisting
on budgrafting of the rubber or planting clonal seedlings in respect of any further planting
wherever in the opinion of the Agricultural Department this can be done.
4. This policy now has been approved by Executive Council and should be followed in
making recommendations in future.
Sgd: ( D.A. Somerville, MSC.)

Ag. COMMISSIONER OF LAND AND MINES,
JOHORE.
Johore Bahru,
15th September, 1951.
See further in (2) in CLM. 390/52.
16
Ref. CLM. 417/50
C.L.&M CIRCULAR NO. 6 of 1951
CUSTODY OF MUKIM REGISTERS IN SUB-DISTRICTS
I have been considering for sometime and have also discussed with the State Secretary
and with several Collectors of Land Revenue the question of transfer of Mukim Registers from
Dictrict Headquaters to the newly constituted Sub-District offices.
2. I consider that this transfer should not take place at present, and possibly should not
take place in the future. The reasons for my decision are that I consider it most important that
the time of A.D.Os incharge of Sub-districts should be taken up as little as possible with
routine duties as the whole object of constituting a Sub-district is that they should spend the
greater part of their time in keeping close contect with the people in the kampongs. If the
A.D.Os has to be incharge of registration and of Mukim Register in addition to other routine
duties which are an unavoidable, it will mean that he is far too tied to his office. Further more it
is unlikely that enough sufficiently trained clerks will be available in Sub-district offices to
maintain registration in a proper manner which is after all a partly specialised duty.
3. I do not think that the retention of Mukim Registers in Headquaters stations will involce
in any very great hardship to the public as they will be able to have transfers and other
documents witnessed by the A.D.Os in the Sub-district and there will be no need for the parties
to attened the District Office as once the documents have been witnessed and stamped they can
be forwarded by post as is done at present with documents for registration in this office.
4. Another advantage of not sending Mukim Registers to Sub-districts is that it will not be
necessary to install the elaborate strong room accommodation which would be necessary if
they were to be held in the Sub-districts.
5. Rent Rools will ofcourse have to be kept in Sub-districts but it is suggested that expired
Rent Rolls, i.e. Rent Rolls from fomer years should be returned to the Headquaters office for
retention there in case the current Rent Roll is destroyed as there will be then some indication
of arrears of rent due.
Sgd: (D.A. Somerville, MCS.),

Ag. COMMISSIONER OF LANDS AND MINES,
JOHORE.
Johore Bahru,
3rd October, 1951.
17
Ref: No. 81 in CLM. 572/49
REVISION OF RENTS
Further to my C.L.&M. Circular No. 4 of 1951 Collectors will be aware that the revision
of rents suggested in that Circular has been approved by Council of State and will take effecet
from the 1st of January 1952.
2. There are one or two points in Circular No. 4 which apparently were not made
sufficiently clear.
3. As regards land in Malay Reservations it was not the intention of Government to alter
the existing provision of Land Rule 13 Table I B (vii) which reads:
“The premium and annual rent on lands not exceeding ten acres in area situate within a Malay
Reservation shall ordinarily be one half of the amounts which would be charge in respect of
lands not situate”. It is my impression that in some cases alienated land which has been
included ia a Malay Reservation subsequent to alienated is still paying full rates of ent on all
land in malay Reservation to $3.00 per acre except in the case of lands planted with padi, nipa
and rumbia. This does not of course apply to lands over 10 acres in area.
4. Supplementary provision is being approved for the engagement of extra temporary

clerks to help with writing up the registers and rent rolls. Collectors should start looking round
for suitable candidates for these appointments which it is hoped will be approved in the very
ner future. I would suggest that in many cases it may be easier to obtain women for these jobs,
and in my experience for purely routine work of this type women are often more satisfactory as
well as cheaper than men.
5. The existing concession whereby rent on land newly alienated is $1.00 per acre per
annum for the first six years will be continued but of course the rent after six years will be at
the rate of $6.00 per acre per annum and not as at present.

JOHORE.
Johore Bahru,
22rd October, 1951.
Note : Rent should not be revised downwords,

Except in the case of land planted with
Padi, nipah or rumbia. - see 8 and 32 in
CLM. 243/52
18
Ref: No. 3 in CLM. 715/51
SERVICE OF NOTICE OF SALE FOR ARREARS OF RENT
It has come to my notice during inspection of Land Offices in the State that a number of
Collector and Assistant collectors are not entirely clear in their minds regarding the procedure
for sale of land for arrears of rent.
2. Section 88 of the Land Enactment lays down quite clearly that it is not obtain proof of
service of notices of sale before the Collectors can proceed to sell land under section 91. All
that section 88( i ) requires is that the Collectors shall, subject to the provisions of of sub-
section ( ii ), use reasonable diligence in causing to be served on the proprietor of the land
affected a notice of sale in the prescribed form, and sub-section ( iii ) covers the Collectors in
any case where he sells the land without proper service of notice.
3. In my opinion reasonable diligence means that is the service of the notice cannot be
effected on the proprietor himself or a member of his family as laid down in the Land Rule 20,
then the procedure for subtitude service laid down in Rule 22 should be followed. Paragraph
49 of I.L.O has bearing, but failure to serve as instructed will not invalidate a sale.
4. The provisos in section 88 ( ii ) are important, viz., that no notice of sale need be served
on any proprietor who is not resident in the district or in cases where the proprietor is dead or
cannot be found in the district.
5. Collectors should bear in mind that it is exactly these people who are difficult to find or
on whom it is difficult to serve notices who are the very people whom we wish to get at. In
many cases they are absentees and also in many cases it would be found that the land has been
abandoned and it is most desirable that it should be sold or should revert to the State.
6. In real cases where hardship is proved the land owner has his redress through section
104 ( d ) or section 105, but in my experience these occasions are very rare and Collectors
should not be discouraged from carrying out their principal duty, which is after all the
collection of land revenue, by fear of the possibility that their actions will be called into
question either in Court or by His Highness in Council, provide they have used reasonable
diligence which is a question of fact, in which case it is most unlikely that there will be any
reversal of their decision and any case where hardship is proved and it is decided to reverse the
decision there will be no reflection on the Collectors themselves.
7. C.L. & M. Circular No.1 of 1941 is hereby cancelled

JOHORE.
Johore Bahru,
12rd November, 1951.
19
Ref: No.1 in CLM. 818/51
C.L.&M. CIRCULAR No.9 of 1951
CANCELLATION OF OBSOLETE C.L. & M. CIRCULARS
Please note that the following C.L. & M. Circulars which have not yet been cancelled are hereby
cancelled with effect from the date of this circular:-
No. 2 of 1934
No. 25 of 1935
No. 2 of 1936
No.7 of 1936
No. 1 of 1940
No. 19 of 1940
2. It has come to my notice that on several occasion Collectors and Asssitant Collectors are
not sufficiently familiar with the C.L. & M Circular still in force. It is essential that all Collectors
and Assistant Collectors should be fully aware of the circulars and should follow them thus
avoiding a considerable amount of unnecessary correspondence.
3. It is hoped that when the revised edition of the Land Rule has been approved and
published it will be possible to produce a new set of C.L. & M. Circulars embodying those
which are still in force.

JOHORE.
Johore Bahru,
24rd November, 1951.
20
C.L.&M. CIRCULAR No.1 of 1952
Leases for Petrol Station
The Ruler in Council has approved the following terms for leases for petrol station :-
(i) Premium at not less than RM100/=
(ii) Rent at not less than RM120/= per anum.
(iii) Period :- Depending on the merit of each case.
2. C.L.&M. Circular No. 14 of 1938 is hereby cancelled.
Sgd: (J.K. Creer)

JOHORE.
Johore Bahru,
15th January, 1952.
21
Ref: No. 3 in CLM.99/52
C.L.&M. CIRCULAR No. 2 of 1952
CERTIFIED COPIES OF TITLES
The practice of issuing Certificates of Titles in replecment of other forms of title under
Section 18 of the Land Enactment is illegal and will case forthwith. In future, where the
original title was a Grant, a Certified copy of the Grant will be issued and similarly with Malay
Grants and Certificates of Title.
2. Certain cases falling under Section 18(ii) can also be dealt under Section 63 A (i) and
should normally be dealt with under the letter section as the preparation of a certified copy of a
title normally involves work more than the issue of a Certificate of Title. Moreover there is
normally more room for memorials on the new Certificate of Title than on the former title.
Sgd: (J.K.Greer)
JOHORE.
Johore Bahru,
11ht February, 1952.
22
Ref: No. 4 CLM. 826/51
APPLICATION FOR LAND
When reporting on applications for land for decision by me or submission to the Ruler
in Council Collectors should give particulars of land already owned by the applicant. They
should state the total acreage owned by the applicant and the extent to which the land has been
developed.
Sgd: (J.K. Creer)

JOHORE.
Johore Bahru,
16th March, 1952.
Copy to – Chief Surveyor.
23
Ref: No. 10 in CLM. 203/49
TOWN AND VILLAGE LANDS AND

TOWN BOARD AREAS
It is clear that in more then one Land Office the difference between a Town Board Area
and a Town or Village Area under the Land Enactmment is not understood.
2. Under Section 14 of the Land Enactment the Sultan in Council may by notification in
the Gazette declare any defined area within the State to be a township or village. Under Section
3 of the Town Boards Enactment he may by notification in the Gazette declare any area within
the State to be a Town Board area. It may happen that a particular township or village will have
the same boundries as a particular Town Board area.
3. Collectors should see that A.C.L.Rs and the whole of the Land Office staff understand the
difference between township and villages on the one hand and Town Board areas on the other
hand that they know on the Land Office sheets and on the ground roughly where the difference
lies.
Sgd: (J.K. Creer)

JOHORE.
Johore Bahru,
26th March, 1952.
Copy to – Chief Surveyor, Johore.
24
LAND ACQUISITION
A case come to light in which a notice of acquisition was served on the owner of the
land but not on the chargee. It is more important that notices should be served on all persons
having interest in the land to be acquired.
Sgd: (J.K. Creer)

JOHORE .
Johore Bahru,
24th May, 1952.
25
Ref : No. 2 in CLM. 404 / 52
C.L. & M. CIRCULAR NO. 6 of 1952 ( X X )
RESERVATION OF LAND FOR A PUBLIC PURPOSE

FORM OF GAZZETE NOTIFICATION
The following form should be used by Collectors when preparing notifications for gazetting the
reservation of land for a public purpose under section 10 of the Land Enactment :
THE LAND ENACTMENT ( NO. 1 )

No. ......... In exercise of the powers conferred upon him by section 10 of the
Land Enactment, the Commissioner of Lands and Mines hereby declares I the
parcel of land situated in the ...... * ........ of .............. described in the Schedule
hereto, + ( and 26 elineated upon plan No. ................. deposited in the Survey
Office, Johore Bahru ) is reserved for a public purpose, to wit, ..................... @
................. to be maintained by ..................... # ...................... and his successors
in office.
SCHEDULE
District ...........................
Mukim/Township/Village ...........................
Lot No. ...........................
Area ...........................
Dated at Johore Bahru, this ......... day of ................. 19 ........
Commisioner of Lands and Mines, Johore.
CLM ...................
CLR ...................
+ Cancelled vide CLM. 174 / 54.

* Insert Mukim,Township or Village as the case may be
@ Insert description of the „ public purpose‟ vide Sec. 2 L . E .
# Insert designation of the officer in charge of the land.The head of the
Dept. for the state should be given, e. g.the State Engineer, or, President
Religious Affairs, etc. ( NOT, the Senior Executive Engineer, or, the Kathi, etc. )
2. When forwarding the draft Gazette Notification the Collector should also send me a
tracing or sun-print showing the surveyed lot which is to be reserved
26
3. C. L. & M. Circulars 13 and 32 of 1935 are hereby cancelled and the form in I.L.O. 36 (
iv ) is hereby amended.
Sgd : ( J.K. Creer )

COMMISIONER OF LANDS & MINES,
JOHORE
Johor Bahru,
28th June, 1952
See
Circular
13 / 54
Copy to Chief Surveyor.
27
Ref : No. 1 in CLM. 441/52
C.L. & M CIRCULAR No.7 of 1952
LAND ACQUISITION
It appears that Collectors in determining the amount of compensation to be awarded for

a land acquired under the Land Acquisition Enactment, have not been taking into consideration
Section 29 ( 1 ) ( b ) of the Enactment.
Example 1
The Government Acquires land for an access road to a Government building. The access
value road is likely to increase the value of the unacquired parts of the lots through which it
runs. This increase in value should be calculated under Section 29 (1) (b) and deducted from
the amount of compensation awarded the other provisions of Section 29.
Example 2
Land is acquired for a drainage channel. In some cases only a small part of a lot is acquired and
the remaining part of the lot is likely to increase in value from the construction of the drainage
channel. This increase in value should be calculated and deducted from the compensation
awarded under the other provision of Section 29. In this case it is likely that other people none
of whose land is acquired will also benefit, but that is not a reason for disregarding the
provision of law set out in Section 29(I)(b)
Sgd : ( J.K Creer)

COMMISSIONER OF LANDS & MINES
JOHORE.
Johore Bahru
9th July 1952
28
Ref : No. 1 in CLM. 402/49
C.L. & M CIRCULAR No.8 of 1952
WIDTH OF SHOP ABUTTING ON STREETS
Town Board By-Law 97 Requires that every person who erects building which abuts on
any street shall provide a verandah-way or an uncovered food way not less than 7 feet wide.
This should not be over looked in preparing layouts an requisition for survey.
Sgd : ( J.K Creer)

JOHORE.
Johore Bahru
12th August, 1952
29
Ref . No . 2 in CLM . 722 / 52
C . L . & M . CIRCULAR NO. 9 OF 1952. ( X X )
PUBLIC NOTICES OF SALES

SECTION 89, LAND ENACTMENT
In notices under section 89 when there are arrears for more than one year the figure
under the heading „Amount of Rent‟ should be the total of all arrears of rent – not the annual
rent.
Sgd; ( J. K. Creer )
JOHORE,
Johore Bahru,
15th. November, 1952.
Copy to- C.S.

L.A.
30
Ref : No. 2 in CLM. 742 / 52
C.L. & M. CIRCULAR No. 10 of 1952 ( X X )
PROCEDURE FOR ISSUE OF LICENSES UNDER RULE 21

FOR REMOVAL OF ARTICLES SPECIFIED IN
SECTION 19 ( xi ) OF LAND ENACTMENT FROM RAILWAY RESERVES
Collectors of Land Revenue are advised that on the receipt of applications for licences to
remove articles specified in Section 19 ( xi ) of the Land Enactment from Railway Reserves they
should ascertain from the Chief Engineer, Way & Works, Malayan Railway, wether the Railway
has any objection to their issue under land Rule 21 and wether the Railway requires any special
condition to be inserted in the licence. Collectors should only issue licences if there are no
objections by the Malayan Railway and subject to such special conditions as may be stipulated
by the Railway. The Railway should be informed of the issue of licences and consulted again in
the same way before renewals.
2. Fees paid for licences under Land Rule 21 over Railway Reserved should be paid into
State Revenue.
3. Collectors should note that the Malayan Railway may require the holder of a licence
under Land Rule 21 to take out a Lease or Temporary Occupation Licence for Railway
Reserves, such Lease or Temporary Occupation Licence will be issued by the Railway
who will retain the revenue therefrom.
4. Licences under Land Rule 9 may note be issued over Railway Reserved.
Sgd : ( J. K. Creer )
COMMISIONER OF LANDS & MINES
JOHORE
Johor Bahru,
2nd December 1952
Copy to - Commr. Of Lands, F. of M. ( Ref : 8 in CLF. 30 / 51 )

Chief Surveyor, Johore
31
Ref No.8 in CLM. 505/52
C.L. &M CIRCULAR NO.1 of 1953 (XX)
PROCEDURE UNDER THE LAND ACQUISITION

ENACTMENT
Procedure under the Land Acquisition Enactment is not properly

understood by all concerned, and the following instructions are issued
for the guidance or all Land Offices including the office of the
Commissioner of Lands & Mines.
2. Collectors of Land Revenue should submit Form III (Direction by

he State Secretary under Section 7 of the Enactment ) together with Form
I ( draft Declaration under Section 6). They should not at that stage
submit Form V (Certificate of Urgency under Section 17).
3. As soon as Form II appears in the Gazette The Commissioner of

Lands & Mines will ask the State Secretary to sign Form III and send it to
the Collector. The Collector will then prepare and sign Form IV ( Notice
under Section 9 ) and, if necessary, he will submit Form V for signature
by the State Secretary. He can take possession of the land 15 days after he
In the case of
part of a lot has issued Form IV provided that the State Secretary as signed Form V
being acqd. within 15 days.
Action under
S.8 should be4. 4. If necessary time can be saved by the following procedure. The
completed Gazette appears regularly every other Thursday. On the day on which it
before F.IV is due to appear the Collector can telephone the Commissioner of Lands &
can be issued. Mines and ask him to obtain the State Secretary‟s signature on Form III if
Form II has appeared in the Gazette. The Collector can then prepare Form
IV on the same day on which Form II appears in the Gazette and obtain
legal possession of the land within 15 days of the Gazette Notification.
5. The C.L. & M‟s file will not leave the C.L. & M‟s office between he
date of publication of Form II and the signing of Form V unless the
Commissioner of Lands & Mines himself minutes it. Collectors will be
informed by memo that the Executive Council has approved the
proposal to acquire. In case were it is not necessary to issue a certificate
of urgency the C.L & M‟s file will not leave his office, unless he
himself minutes it, until after Form III has been issued.
Sgd: (J.K. Creer)

JOHORE
Johore Bahru
20 th. January 1953. Copy to – C.S.
32
C.L.&M. CIRCULAR NO.2 of 1953
BAIT-UL-MAL
Some Collectors of Land Revenue have been registering the Baitulmal as propreitor of land.
Neither the Baitulmal nor of its officers can be registered as the propreitor of land since
they are not bodies corporate. All payments to the Baitulmal should be in the form of cash
vide sections 6 and 11 of Enactment No. 136.
Sgd : (J.K. Creer)

COMMISSIONER OF LANDS AND MINES
JOHORE .
Johor Bahru,
28th April , 1953.
To :-
All C.L.Rs.
Sub-District A.D.Os. at Yong Peng
Tangkak
Endau
Gelang Patah
Kulai
Pengerang
Copy to – President Religious Affirs, Johore.

Chief Surveyor, Johore.
33
Ref : No. 10 in CLM. 505/52
THE LAND ACQUISITION ENACTMENT
(i) Complition of Action

(ii) Scrupulous observence of the law.
Action under Section 19 of The Land Acquisition Enactment is still outstanding in

respect of dozens of acquitions including all or nearly all New Villages. Collectord of Land
Revenue should take action under Section 19 without further delay.
2. The Legal Adviser has again asked me to stress the importance of adhering strictly to
the provisions of The Land Acquisition Enactment. As an example I attach a copy of Grounds of
Judgement is a recent reference to the cuort in Singapore. Section 7 of the Singapore Enactment
Corresponds to Section 8 of the Johore Enactment.
3. Another example of a serious irregularity which has happend recently is for one
Collector to make the award and another Collector to state the grounds of award for reference
to the court.
4. Collectors must study the provision of the Enactment carefuly and see that they are
scrupulously observed. Failure to do this may cost the Government heavy damages as well as
agreat deal of trouble.
5. It should noted that if a landowner gives the Collector permission to take possession of
land before he is legally entitled to take possession under The Land Acquisition Enactment, the
landowner is not precluded from claiming compensation for damage done to the land during
the period before the Collector can take possession under that Enactment, unless he states in
writing that he will not claim such compensation. Moreover taking possession before acquiring
the land under the Enactment may give rise to awkward claims in respect of improvements
such as roads and buildings made to the lad by the Government of persons, such as New
Villages acting under the authority of the Government before Form II appers in the Gazette.
Sgd : (J.K. Creer)

JOHORE.
Johore Bahru,
3rd June, 1953.
Distribution : All C.L.Rs.

A.D.Os. of Sub Districts at Yong Peng Tangkak
Endau Gelang Patah
Kulai Pengerang
Renggam.
Copy to – Chief Surveyor.
Annexure to CL&M. Circular No. 3/1853
34
IN THE HIGH COURT OF THE COLONY OF SINGAPORE
ISLAND OF SINGAPORE
Land Acquisition In the Matter of the Acquisition of land for Defence

No. 1 of 1952 Purposes to wit for the extension to Nee Soon
Cantonment, Lot 17-6 pt., 30-2, 28-2 pt., and 27
Mukim XIII.
Coram : Brown, J.
Assessors: K.G. Dale, Esq.,
Kiong Chai Woon, Esq.
GROUNDS OF JUDGMENT
This matter was reffered to the Court in order to determine whether the amount of
compensation awarded by the Collector was correct. The Collector has awarded compensation
in respect of the land set out in the Declaretion.But it appeared that approximately eight acres
had been acquired in acess of the land set in the Declaretion. There was no evidence of the
nature of the land which was in excess, or of its exact measurement; and the Court was not in a
position to value it.
The award was declared to be void because the provision of section & of Cap. 128 were
not compiled with. In particular the land was not marked out and no plan was made. The
Collector stated in evidance that the plan made under section 7 was the Survey Plan (Ex. D).
But this was the survey sheet from which the plan referred to in the Declaretion was made (Ex.
B). Subsequent to the Declaretion there had been a re-survey which had resulted in (1) the lot
numbers being altered, (2) the areas in the lots being changed, (3) some 8 further acres being
acquired. As aconsequence of this, section 10(1) (a) was not compiled with because the
collector did not make an award of the true area of the land. His award was based on the land
set out in the Declaretion. It ignored the new measurements, and in particular it ignored the
further 8 acres.
Singapore, 27th November, 1952.
Sgd: T.A. Brown

JUDGE
Sgd: K.C. Dale

ASSESSOR
Sgd: Kiong Chai Woon,

ASSESSOR
35
Ref : No. 176 in CLM. 35 / 52
C. L. & M. CIRCULAR NO. 4 of 1953 ( XX )
CARE OF SURVEYING AND DRAWING EQUIPMENT.
The Instrument Repairer has reported as follows on two Prismatic Compasses sent to him
for repair:-
“ I have examined the two compasses forwarded to me for repair and find the whole
prism assembly to be missing from each of these instrument.
“ I am of the opinion that such damage can only be attributed to gross neligence on the
part of the person using the instrument and, since the cost of replacement of these parts
will amount to perhaps 50% of the original cost of the instruments, I will be grateful if
you would cause enquires to be made with a view to preventing such serious damage in
future.”
2. Collectors of Land Revenue are required to keep a Stock and Issue Book of Surveying
and Drawing Equipment and to ensure that the person responsible for any damage to
equipment which may occur is brought to book.
Sgd : ( J . K . Creer )
JOHORE
Johore Bahru
29th July, 1953
To :
All Collectors of Land Revenue.
A.D.O of Sub-District at Yong Peng
Tangkak
Endau
Gelang Patah
Kulai
Pengerang
Renggam
Copy to - Chief Surveyor, Johore.
36
Ref : No. 48 in CLM. 247 / 52
C.L & M CIRCULAR NO. 1 of 1954 ( X X )
TERMS OF ALIENATION OF LAND FOR VEGETABLE

GROWING TO NEW VILLAGES.
When State land is available for allienation EMRs will be issued to individuals unless in
very special circumstances, e.g. the extremely limited area available the C.L.R. considers land
should be alienated to the Village Council who would allot it in small plots to the villagers.
Such cases should be reported to the C.L & M. with the C.L.R‟s recommendations.
2. When the available land is limited, 2 acres will normally be approved to whole time
vegetable growers and 1/8 acre to part-time vegetable growers. These limits maybe exceeded
when sufficient land is available for all villagers.
3. The terms of alienation should in general be :
Lots up to 1 acres Lots of 1 acres & Above
Very Moderately Poor Very Moderately Poor

Good Good Soil Good Good Soil
Soil Soil Soil Soil
Premium $25 or $15 $10 $25 or $15 $10
Per acre more more
Survey $15 $15 $15 As in As in As in
Fees Land Rule Land Rule Land Rule
Boundary nil nil nil As in As in As in
Stones Land Rule Land Rule Land Rule
Other As in As in As in As in As in As in
Fees Land Rule Land Rule Land Rule Land Rule Land Rule Land Rule
Note : The reduced survey fee of $15 is primarily intended for the 1/8 acre lots of part-time
agriculturalists.As however the chances are that a large proportion of these lots would
exceed 1/8 acre it has been decided to make the limit for $15 fees a lot of less than 1
acre.
A remission of survey fees to $5 under Table III of the Land Rules should only be allowed
in most exceptional circumstances when the CLR is satisfied that the applicant has not
the means to pay the fees shown above. There should be no general or wholesale
remision of survey fees.
4. The following special conditions must be imposed :
(i) The land hereby alienated shall be used solely for the purpose of vegetable
cultivation and/or the rearing of pigs and poultry and for no other purpose.No
pepper shall be cultivated on the said land.
( ii ) (a) Where the area does not exceed 1 acre ;

37
The whole of the land hereby alienated shall be brought under
cultivation within one year and thereafter be continuosly cultivated.
(b) Where the area exceed 1 acre ;
Not less than 3/4 of the area of the land hereby alienated shall be
brought under cultivation within 1 year and thereafter kept under
continous cultivation to the extent of not less than 3/4 of its area.
5. If the land to be alienated is suitable for and wanted for padi planting a special
condition restricting the use of the land to padi planting should be imposed and in that case the
rent will be $1 per acre per annum.
6. The C.L.R should make recommendations and obtain approval from the See
C.L. & M. for the terms of alienation in each New Village.[ I.L.O.4 (ii) requires
Circular
That when blocks of land aggregating 50 acres or more alienated reference
14/54
should be made to C.L.& M. In the case of agricultural land for New Villages
reference should be made to the C.L.& M even though the block of land to be
alienated is less than 50 acres ].Individual applications should not be referred.
7. All previous directives regarding alienation of land for vegetable growing in New
Villages are hereby cancelled.
Sgd : ( A. Glencross )
JOHORE
Johor Bahru
6th. February, 1954.
Distribution :
All C.L.Rs ( 5 copies each )
A.D.O of Sub-District at Yong Peng
Tangkak
Endau
Gelang Patah
Kulai
Pengerang
Renggam
copy to - Chief Surveyor, Johore.
38
Ref : No. 20 in CLM . 247/52
C . L . & M. CIRCULAR No. 1A of 1954 ( XX )
TERMS OF ALIENATION OF LAND FOR VEGETABLE

GROWING TO NEW VILLAGERS
C . L . & M. Circular No. 1 of 1954 is amended by deletion there from of paragraph 6.
2. Provided that all the following conditions are fulfilled C.L.Rs may approve applications
for alienation of lots in New Village Agricultural Areas without reference to the Commissioner,
but may not delegate this power.
3. The conditions are
(a) The land is country land
(b) The alienation is in accordance with the layout prepared by the Chief Surveyor.
(c) Title will be E.M.R.
(d) Applicant is a resident of the NewVillage and holds no other plot in the New
Village Agricultural Area.
(e) There are no conflicting applications.
(f) Terms of alienation are strictly in accordance with C.L.& M. Circular No.1 of
1954.
4. Any other applications should be referred to the Commissioner, but it is thought that
there will be few.
Sgd : ( S. Angus )
Ag. COMMISSIONER OF LANDS & MINES
JOHORE.
Johore Bahru.
Distribution :

All A.D.Os of Sub - Districts.
39
Ref. No. 7 in CLM. 766 / 51
EXECUTION OF DOCUMENTS IN ANTICIPATION OF

THE REGISTRATION OF OTHER DOCUMENTS
PRECEDING THEM.
Collectors Of Land Revenue are notified that the instructions in C . L . & M . Circular no.
10 of 1951 are hereby cancelled.
Provided that it comes up for registration after the transferor has been registered as the
owner a transfer should not be rejected on the grounds that it was executed before the
transferor became the registered owner. Similarly a charged executed before the chargor
became the registered should be rejected for that reason if it comes up for register after the
chargor has become the registered owner.
Sgd: ( A. Glencross )
JOHORE.
Johore Bahru,
23rd February, 1954.
Distribution:
A . D . O . of Sub-Dictrict at Yong Peng
Tangkak
Endau
Gelang Patah
Kulai
Pengerng
Renggam
40
Ref : No. 5 in CLM. 148/54.
C . L . & M. CIRCULAR NO. 3 OF 1954. ( XX )
REGISTER OF APPLICATIONS FOR LAND ( LANDS 43 )
Recent investigations have revealed that in general registers of applications for land are
not being properly upkept. The register of applications is a basic Land Office record, and no
Land Office can function efficiently unless this record is absolutely reliable an up-to-date.
2. Collectors of Land Revenue should personally investigate the position as regards the
registers in their office and should make sure that
(a) every application for land has been entered in their register individually. It is not
sufficient to enter a number of application under one heading and quote one
minute paper dealing with a bunch of applications. C.L.Rs should ensure that
application for land in New Villages are placed on the register of applications in
exactly the same way as any other applications. There is reason to believe that
this has very frequently been ommited. It may be necessary to institute a through
search of all files to ensure that all previous applications have been brought on
to the register. In one office it has been found that rejected applications had in
many cases never been recorded as rejected in the register.
(b) the records in the register of applications subsequent if the date of the latest
stage in dealing with the application is entered without filling in intermediate
stages.
(c) there are written instructions placing responsibility on a specific officer or

officers for registration of applications and subsequent entries in the register.
Sgd : ( A. Glencross )
JOHORE.
Johore Bahru,
25th April, 1954
Distribution :
All C.L.Rs - 4 copies each

A.D.O of Sub - district at Yong Peng
Tangkak
Endau
Gelang Patah
Kulai
Pengerang
Renggam
Lenga, c/o C.L.R. , Muar
Labis, c/o C.L.R., Sgt.
Masai, c/o C.L.R., Johor Bahru
Rengit, c/o C.L.R., Batu Pahat
41
Ref: CLM. 63 /54
C.L. & M. CIRCULAR NO.4 OF 1954 (XX)
ACQUISITION AWARDS FOR COST OF MOVING BUILDINGS.
The attention of Collectors is drawn to the fact that the common practice of making an
award for land being acquired, in addition to making an award for the cost of moving
buildings, is not legal where such buildings are attached to the earth or permanently fastened
to things attached to the earth. Such buildings are in law a part of the land and the Collector‟s
award must cover the value of the land including the value of the building. The Collector can,
however, at the time of making his award make an alternative award with the agreement of the
land owner that he shall be given a smaller sum and allowed to move his house. As temporary
houses on land to be acquired are normally useless to Government, Collectors should, within
limits and providing the land owner is not totally unreasonable, endeavor to reach agreement
with him.
Where the buildings are not attached to the earth or permanently fastened to things
attached to the earth there is no objection to making awards to a person interested for the cost
of removing the building. It should be noted that common type of house is one the pillars of
which rest on, and are not embodied in, small concrete blocks. This type of house is not a part
of the land and there can be an award for the cost of removal of such a building.
Sgd: (A. Glencross)

JOHORE
Johore Bahru,
6 th June 1954
Distribution:
To All C.L.Rs - 4 copies each

To All A.D.Os of Sub Districts.
42
Ref : No. 7 in CLM. 376 / 54
C.L. & M. CIRCULAR No. 5 of 1954
ACQUISITION OF LAND
Very large sums of money are being spent in Johore on the acquisition oflands particularly in
connection with New Villages. From the notes of evidence of acquisition cases which have
come to my notice it would appear that Collectors in many cases are not obtaining all the
evidence which could relatively easily be made available before making their award. It is
essential that there should be a systematic search made in the first place by a Settlement Officer
of transfers of land in the neighbourhood and comparable transfers elsewhere. These should
be listed and be considered by the Collector before he makes his awars. If, as is usually the
case, the land to be acquired is rubber land the Collector should make it a point at the hearing
of the case of taking evidence on oath from the owner or estate manager of the yield from the
rubber, its age, what clones are used, etc., etc. He amy also require the production of the estate
books. In the case of the large estates such evidence is likely to be of the greatest value.
Collectors can also call upon the State Agricultural Officer to estimate the yield at the enquiry
and give his opinion of the rubber.
2. Collectors should constantly bear in mind C.L. & M. Circulaar 7/52 and the provision of
section 29 ( i ) ( b ) of the Land Acquisition Enactment which provides that any increase in
value to the remaining land owned by persons whose lnd is being acquired as a result of the
use to which the land acquired will be put can be offset against the value of the land being
acquired.
Sgd: (A. Glencross)

JOHORE
Johore Bahru,
6 th June 1954
Distribution:
To All C.L.Rs - 4 copies each
To All A.D.Os of Sub Districts.
43
Ref : No. 7 in CLM. 291 / 54
C.L. & M. CIRCULAR No. 6 of 1954 ( * * )
PROCEDURE FOR ISSUE OF LICENSES UNDER RULE 21
See Fee and annual rents in respect of Licences under the Water enactment (No.
Extract 66)are now prescribed in Legal Notification No. 139 of 29.7.54 to which
Attd. attention of Collectors is drawn.
2. In this Legal Notification the terms “length” and “linear foot” wil be interpreted as in
the past, i.e. „length‟ refers to the distance the structure projects from the bank and
„linear foot‟ refers to the frontage of the structure.
3. The waiver of licensing in respect of nibong jetties and bridges built with a single span
will continue.
4. Abutments and Approaches.
In order to prevent the accrual of rights against the State the licensees of bridges,
jetteis and landing stages constructed of reinforced concrete or squared timber should
be obliged to take out in addition Temporary Occupation Licences over State land on
which any part of such stucture or its appurtenances rests. Such temporary Occupation
licenses may be issued free.
5. C.L. & M. Circular No. 6 of 1939 is hereby cancelled.
Sgd : ( S. Angus )
JOHORE
Johor Bahru,
7th August 1954
Distribution : - - To All C.L.Rs ( 4 copies each )

- To All A.D.Os of Sud-District.
Copy to Chief Surveyor, Johor.
44
Ref: No. 41 in CLM. 7 / 54-A
C . L . & M . CIRCULAR NO. 7 OF 1954 ( <> )
REGISTRATION
PRODUCTION OF MEMORANDUM AND ARTICLES

OF ASSOCIATION OF A COMPANY
The Johore Land Enactment at present contains no specific provision under which a
proper registering authority can require production of Memorandum and Articles of
Association of a Company when an instrument to which the Company is a party is presented
for registration. ( There are no provisions corresponding to Section 10 and 47 of the F.M.S.Land
Code. )
2. Nevertheless the proper registering authority is entitled to require their production in

order to satisfy himself of the following facts:
(a) That the Company is authorized by its constitution to own land.
(b) That the instrument is properly executed by the Company, i.e., sealed and signed
in accordance with the Articles.
3. The of the Memorandum and Articles produced should be certified, if a complete

printed copy, by the Secretary or a Director or a Solicitor employed by the Company, but in any
other case, for instance, typescript copies or extracts only, the copy should be certified by the
Register of Companies. This follows are pre-war ruling by the Commissioner of Lands, F.M.S.,
in Land Circular 1 / 40.
4. The copy should be returned after inspection to the person who produced it. Copies for
filing should not be asked for.
Sgd: ( S . Angus )
Ag. COMMISSIONER OF LANDS & MINES,
JOHORE.
Johore Bahru,
8th August, 1954.
Distribution:
To All C.L.Rs ( 4 copies each )
To All C.L.Os of sub-Districts.
Copy to-Chief Surveyor, Johore.
45
Ref. No. 42 in CLM. 7 / 54-A
REGISTRATION
CUSTODY OF DOCUMENTS PRESENTED PENDING

REGISTRATION
Instruments held in the custody of the proper registering authority because registration
has been suspended, for instance, on the ground that some necessary document has not has
been delivered, must be left in correspondence file.
2. All such documents should be transferred to a file of instruments awaiting registration

which should kept in safe custody in the strong room.
Sgd: ( S . Angus )
JOHORE.
Johore Bahru,
8th August, 1954.
Distribution:
46
Ref: No. 3 in CLM. 680 / 52
CANCELLATION EXPRESS CONDITIONS IMPOSED

IN ERROR
Collectors of Land Revenue are advised that an express condition found to have been
endorsed on a title in error cannot be cancelled under Section 23 of the Land Enactment, being
a condition imposed specifically, albeit in error.
In all case of rescission effecting express conditions action must be taken under Section
61A. It should be noted that this section can only be invoked upon the application of the
proprietor. The C.L.R cannot act on his own motion.
Sgd: ( S . Angus )
JOHORE.
Johore Bahru,
8th August, 1954.
Distribution:
47
Ref: No. 3 in CLM. 680 / 52
APPLICATION FOR CORRECTION OR CHANGE OF NAME
Application for change of name in documents of title fall into two categories:-
a) Cases in which an incorrect name has been entered on a title in error.

b) Cases in which the applicant desires to have recorded a change of name not an
account of any error in the name already recorded.
Cases of category ( a ) can be dealt with under section 23 Land Enactment but the C.L.R
can only act with the Commissioner‟s sanction – see sub-section ( iv ). Cases in category ( b )
can only be dealt with by the Commissioner under section 75( g ). In all cases, therefore,
reference to the Commissioner is required as the law stands.
All such references will be made in the form attached which will submitted in duplicate.
After approval one copy will be presented and fill as a Miscellaneous Document, the duplicate
remaining on the correspondence file to complete the record there. Particulars must be fully
and clearly entered. If the application affects more than one title, provided that all the title
affected are either E.M.R. or Registry Titles, as the case maybe, and there are no complication
involved, all can be entered on one form. In all other cases separate forms will be used in
respect of each titles. The signatories at the end of the memorial are alternatives according as to
whether the title is a Registry or Mukim Title.
If the title is E.M.R. the form will be submitted to the Commissioner on the Land Office
file.
If the title is a Registry title the forms will be sent with the original application and
supporting documentary evidence also in original with a certified copy of the notes in the
Correction Note Book for filling in the Commissioner‟s Office the C.L.R need not retain copies
of the documents if he has completed his enquiry and recorded his evidence.
The documentary evidence submitted will usually be a Statutory Declaration. If so the

entry under para.6 of the form should be „Statutory Declaration‟ made by …….. on (date).
It is not intended to print the form at this stage as experience may show that modifications are
desirable.
Sgd: ( S . Angus )
JOHORE.
Johore Bahru,
25th August, 1954.
Distribution:
To All A.D.Os of sub-Districts.
48
Ref : No. 1 in CLM. 586/54.
C . L . & M. CIRCULAR NO. 10 OF 1954 ( XX )
ALIENATION ON GRANT OR LEASE - REQUISITIONS FOR TITLE
Alienation of land 0n Grant or Lease under section 29, Land Enactment, otherwise than by
auction, requires a specific act of approval by the Ruler in Council to the person to whom the
land is being alienated.
2. It follows that in cases where applications are to be approved in groups by Collectors

under terms generally authorised by the Ruler in Council for the group, there must at some
stage before the titles are registered be submission of all the individual cases to Executive
Council for formal confirmation of alienation. The approval ought to be obtained before
recording of an Approved Application, there being no powers of delegation in the Land
Enactment, and therefore no other valid approval.
3. In case of group alienation, however, which council has approved in principle, it will
suffice in practice if covering approval of particular alienations is obtained. It is considered that
this could best be done by Collectors submitting to this office with the requisitions for title in
schedule of these requisitions ( which should be serially numbered ) in this form :
…………………………………………………………………………………………………….
R/T No. Lot No. Name A.A No. Remark
………………………………………………………………………………………………………
……………………………………………………………………………………………………
This schedule can be tabled in Executive Council for confirmation. Collectors are requested to
arrange accordingly.
4. The A.A number should be endorsed on all requisitions for titles.
Sgd : ( S. Angus )
Ag.COMMISSIONER OF LANDS ANDMINES,
JOHORE
Johor Bahru :
12th August, 1954
Distribution :

All A.D.Os of Sub-Districts
*
See memo 2 in CLM. 682/54 i.e. Ex. Co. approved this procedure. Add a remarks
Column in which give brief particulars of applicant e.g. if applicant is in occupation
write “occupier“. Endorse at foot of schedule a certificate that no land was subject to
conflicting applications.
49
Ref : No. 30 in CLM. 793 / 52
C. L. & M. CIRCULAR NO. 11 of 1954 ( X X )
REMISSION OF LAND RENT ( EMERGENCY ARREARS )

PROCEDURE
Executive Council has now approved in principle remission of land rent ( and by
implication late fees ) for the years 1952 and 1953 in respect of agricultural land to which the
owners have been denied access by government order, Regulation or Instruction regardless of
application by the owners. This remission does not at present apply to mining land.
2. The amount remitted will be calculated in proportion to the period during each year for
which access was so denied. Where rent is remitted in any year from a date earlier than the 1st
June of that year late fees will be remitted in full.
3. Specified approval of Council is required in respect of each title. So far as possible

Collectors of Land Revenue should submit recommendation in respect of complete groups of
titles. Where the remission is recommended in respect of areas formally declared, i. e.
Controlled ( non-residential ) Areas under Emergency regulation 17 FA and Danger Areas
under Emergency ) Regulation 19A, each such areas constitutes a group and recommendations
will be made in the form of schedule as at annexure A. Where remission is recommended in
respect of land in areas not so declared specific reasons for the recommendation must be given
and the form of schedule as at annexure B should be used. In all cases Form A and B as the case
may be should be submitted to this office in duplicate. One copy will be returned to Collectors
with a note of Ex. Co. decision endorsed on it. No covering letters or memos are required. In
any cases in which approval has already been given for remission of rent in respect of that title.
4. In cases where remission is approved and rent has already been paid there will be no
refund but an equivalent amount will be carried forward as a credit in the Rent Roll [ until
absorved on cessation of remission.] *
5. Recommendations for remission of rent due in respect of 1954 may be made after the
end of the year if conditions to justify remission existed during the year.
6. It is repeated that there are two condition precedent to any recommendation for
remission under this authority :
(a) The proprietor ( as defined in L.N. 617 of 27.10.53 ) must have been denied
access to the land.
(b) This denial must be directly and specially attributable to a Government Order,
Regulation or Instruction – which may be a declaration under Emergency
Regulations or a local security direction.
7. All recommendations will be made in accordance with this procedure. The present
practice of forwarding individual cases on the application of the proprietor will cease. The
responsibility for selecting the cases in which remission should be recommended now lies with
the C. L. R. Applications will not be invited and this procedure should not be given publicity in
order to avoid unnecessary work in cases in which there are no grounds for remission.
50
Sgd : ( S. Angus )
JOHORE
Johore Bahru ,
18th August 1954
To - All CLRs ( 4 copies each )

All ADOs of Sub – Districts.
See further explanation in memo ( 11 A ) attd.
51
Annexure to CL & M CIR. 11 / 54
FORM B
REMISSION OF LAND RENT ( EMERGENCY AREAS )
DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Undeclared Area at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remission of land rent and late fees is recommended in respect of the titles and to the amounts
set out in the schedule on the reverse hereof, calculated for the period from . . . . . . . . . . . . . .
. . . . . to . . . . . . . . . . . . . . . . . . . . . . . on the ground that
( State grounds in full )
No previous recommendation in respect of these titles has been made.
Date . . . . . . . . . . . . . . . . . . . . . . . . . Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. L. R.
CLR.. Ref : . . . . . . . . . . . . . . . . . . .
52
APPLICATION FOR CORRECTION OR CHANGE OF NAME
Application for change of name in documents of title fall into two categories :-
(a) Cases an incorrect name has been entered on a title in error.

(b) Cases in which the applicant desires to have recorded a change of name no on
account of any error in the name already recorded.
2. Cases of category (a) can be dealt with under Section 23 Land Enactment but the C.L.R.
can only act with the Commissioner‟s sanction – see sub-section (iv). Cases in category (b) can
only be dealt with by the Commissioner under Section 75(g). In all cases, therefore, reference
to the Commissioner is required as the law stands.
3. All such references will be made in the form attched wich will be submitted in
duplicate. After approval one copy will be persented and filed as Miscellanous Document, the
duplicate remaining the correspondence file to complete the record there. Particulars must be
fully and clearly entered. If the application affects more than one title, provided that all the
titles affected are either E.M.R. or Register titles, as the case may be, and there no complications
involved, all can be entered on one form. In all other cases asperete forms will be used in
respect of each title. The signatories at the end of the memoried are alternatives according as
the whether the title is a Registry or Mukim Title.
4. If the title is E.M.R the forms will be submitted to the Commissioner on the Land Office
file.
5. If the title is Registry title the forms will be sent with the original application and
supporting documentry evidence also in original an with a certified copy of the note in the
Correction Note Book for filing in the Commissioner‟s office. The C.L.R. need not retain copies
of the documents if he has complited his enquiry and recorded his evidence.
6. The documentary evidence submitted will usually be a Statutory Declaration. If so the

entry under para.6 of the form should be “Statutory Declaration made by ................... on (date).
7. It is not intended to print the form at this stage as experience may show tht
modifications are desirable.
Sgd: (S. Angus)

JOHORE.
Johore Bahru,
25th August, 1954.
Distribution : All C.L.Rs (4 copies)

All A.D.Os of Sub-Districts
53
Annexure to CLM Circular 12/54
THE LAND ENACTMENT (No.1)

Section 23 and 75(g)
APPLICATION FOR CORRECTON OF NAME *

CHANGE OF NAME
District of .............................................
1. Title ....................................... Lot ................................ Mukim ...............................
2. Name(s) of Registered Propreitor(s)/Charges/Lessee
3. Application by ................................................ I.C. No. ........................................... that the
name ................................................................................................. in the above-
mentioned title be deleted and substituted by the name …………………………………
4. Grounds of application.
5. Issue documents of title delivered by ...................................................................
6. Documentry evidence submitted ..........................................................................
7. Enquiry by Collector
Date ..................... Correction Note Book Vol ............. Page ................
Witness exmined ..................................................... I.C. No. ..........................
..................................................... I.C. No. ..........................
Finding recorded by Collector
Date ....................................... Signed ...........................................
C.L.R. ...........................................
54
P.T.O.
Order by Commisioner
I, ……………………………………………………………, Commisioner of Lands and

Mines, pursuant to section 23/75 ( g ) * of the Land Enactment hereby direct that a memorial
be made upon the register and issue documents of title above-mentioned that the
name
………………………………………………………………………………………………..
be deleted therefrom and the name ………………………………………………………………..
be substituted therefore.
Date ………………………………… Signed …………………….

( L.S. )
Pre sentation No. …………………………………. Misc. Doc. No. ………………..…………
Memorial madi in the register of ………………………………………………………………
Vo. …………………… Folio ……………………. This …………………. day of ……………..
19 …………………. at …………………… . m.
Signed …………………………………
*C.L.& M. / C.L.R.
( L.S. )
* Delete whichever is anaplicable
55
C.L. & M. CIRCULAR NO. 13 OF 1954 (XX)
LEGAL NOTIFICATION
DESCRIPTION OF LAND
The attention of C.L.Rs is drawn to the Descriptions of Land ( Survey Plans ) Ordinance
1954 ( F.M. 2/54 ) which authorizes definition of land for the purpose of Legal Notification by
reference to certified and deposited plans.
2. This makes it necessary to describe land such notifications by “metes and bounds”, i.e.
by detailed citation of lot boundaries, bearings, distances, natural features, etc. which had to be
used in the past to define areas not surveyed as lots, for instance, district and mukim
boundaries , town and village areas, Town Board and Local Council areas, Forest Reserve,
Irrigation Areas, Malay Reservation, Electoral Contituenci and so on.
3. Section 3 of the Ordinance prescribe the conditions relating to the such plans. The plans
are in a special series and must be certified both by the Chief Surveyor and the notifying
authority.
4. Where this method of description is used the form of words for the notification will be
as follows:-
“that area of land situated in the District of …………………………………….

Mukim of ………………………… comprising approximately ………………...
acres and alienated in ( Colour ) on Plan No. ……………………………………
certified and identified in accordance with the Descriptions of Land( Survey ans
) Ordinance 1954 and deposite in the Office of the Chief Surveyor, Johore to be .
………………………………………………………………………..”
5. This method of description is not the only valid form of description for all purpose. The
existing practice of describeing surveyed reserves by reference to lot numbers and revenue
surveyplans of lot filed as routine in the Survey Office records is satisfactory and can continue.
6. Where a notification refers only to one surveyed lot it is unnecessary to add a schedule
to the notification. A specimen form of words is given below for guidance, This should be used
for notification of reserves for single surveyed lots nothwithstanding I.L.O. 36 ( iv )
56
“THE LAND ENACTMENT ( NO. 1 )
No. ….. In exercise of the powers conferred by section 10 of the Land

Enactment the Commisioner of lands and Mines hereby declares that parcel of
land comprising …………………….. acres ………………. roods
……………… poles being Lot No. …………………… situated in
the Mukim of ……………………………………..
District of ……………………………… and delineated in the Revenue Survey
Plan No. 1 …………………………………… deposite in the office of the chief
Surveyor, Johore , to be a reserve for a public purpose, to wit,
……………………………….To be maintained by
………………………………….. and his successors in office.
Date at Johor Bahru, this ………….Day of ……………… 19 ………….

JOHORE
Schedules are appropriate for notification referring to more than one lot and in
such cases the form at I.L.O 36 ( iv ) will continue to be used.
Sgd : ( S. Angus )
JOHORE
Johore Bahru ,
26th August 1954
57
C.L. & M. CIRCULAR NO.14 OF 1954 ( X X )
DIVIDING AND COMBINING LAND

PROCEDURE
The object of this Circular is to define a routine procedure for dealing with Subdivision and
Combination in order to eliminate difficullties arising from overlaping jurishdictions,
duplication of action and inadequate presentation of applications.
1. APPLICATION
All application will be made to the C.L.R. All action will be on a Land Office files except
where otherwise stated in this Circular. All officers handling the Land Office file in
course of circulation must ensure that it is not delayed. ( It is thought that duplicate files
in other offices may not necessary, but this is a matter for the offices concerned ).
2. PRELIMINARY ACTION BY LAND OFFICE
( i ) Check the title and enclose certified abstract of titles in duplicate.
( ii ) Check that the application is sign by all necessary parties, in particular
(a) That if there are co-proprietors all have signed.
(b) That if any proprietor is dead the legal personal representative signing
the application has been duly registered as representative under the
Land Enactment.
(c) That any person signing by an attorney is empowered by his P/A so to do.
(d) That if the land is subject to charge the written consent of the chargee is
filed. ( section 26 ( iii )).
( iii ) Demarcate the sub-division or combining, check areas and prepare accurate
plan as R/S tracing with as many sunprint as are likely to be required.
( iv ) Calculate survey fees to be deposited. No fees will be charged in respect

of any residual areas which the proprietor has agreed in writing to
surrender.
(v) If the land is held on Grant or Lease the C.L.R. should invite the
application to accept C.Ts for the new titles under Section 63 A Land
Enactment stressing the fact that the different from titles involves no change
whatever in the terms of tenure but is merely a correct form of titles in
continuation.
( vi ) Check that if areas are to be surrended written agreement to surrender

executed by all necessary parties is on record.
58
4. PROCEDURE FOR APPROVAL
(i) LAND IN TOWN BOARD/TOWN COUNCIL AREAS
Approval of subdivisions by the President Town Board or Town Council is

required by Section 149 Town Board Enactment. The object of this provision is
to ensure complaince with town planning scheme. This is the next step in all
cases in dealing with subdivisions of land in this category and the procedure
should be.
*3 (a) C.L.R. refers Land Office file to state Planning Officer who will confirm that
affected by the sub-division accords with any approved or draft town plan,
layout or zoning plan or in the absence of such plans, whether he considers the
proposed sub-division suitable and will suggest amendments if necessary. The
State Planning Officer will then return the file to the C. L. R. who will refer it to
the President, Town Council, concerned for his decision in the light of the State
Planning Officer‟s comments“
*3 (b) The President Town Board or Town Council return the file to C.L. R. with
a note of his decision under Section 149 Town Board Enactment. If he
approves he will endorse on all copies of the plans the following
certificate :
“Subdivision approved under Section 149 Town Board

Enactment.
Date ...................................... Signed ........................................

President Town Board/Council “
( The President Town Board / Council should have a rubber stamp made for this
endorsement. ) If he recommends variation on the advice if Town Planning Advisory
Committee C.L.R. will refer back to the applicant accordingly. If the President Town
Board / Council rejects a subdivvision under Sectuon 149 Town Board Enactment the
dispose of it; the C.L.R. should inform the applicant accodingly, and no further action
is necessary.
Application for combination of lot in Town Board / Council areas should be

dealt with by the same procedure, subject to the fact that the President Town Board /
Council need to approved, and cannot reject them. But the President Town Board /
Council advice and comment will be valuable. )
( ii ) LAND HELDON GRANT OR LEASE
The appoving authority under the Land Enactment is the Commissioner who
requires permanent record of the subdivision/Combination for the purpose of
registering continuation titles. C.L.R. will therefore forward to C.L. & M. the
following document.
(a) A certified copy of the application.
(b) A certified abstract of titles from the Titles Index.

59
(c) A copy of the plan; in the case of sub-division duly endorsed by the
President Town Board / Coucil area and the sub-division has been
approved under the Town Board Enactment.
(d) A brief report on any relevent facts. For instance,

Amended vide (16 ) in CLM. 620/54
that the witten consent of the chargee ( if the land is subject to charge has been
filed; or residual areas are to be surrendered, that the witten consent of the
proprietors to surrender has been obtained, or, whether the applicant has been
invited and has agreed to accept certificates of titles as continuation titles.
( iii ) LAND HELDON E..M.R.
The approving authority under the Land Enactment is the C.L.R. subject to :
(a) Prior approval by President Town Board/Council in the case of

subdivision of land in Town Board/Council area as in para 3( i ) of this
Circular.
(b) Restriction on combining imposed by Section 26 ( vii ).
Reference to C.L. & M is not required unless there are circumtances of speacial
difficulty or importance. If any such reference is made it should be made on the
Land Office file.
4. POWER TO REJECT APPLICATION
(i) The President Town Board/Council has power to reject proposals for subdivision
under Section 149 Town Board Enactment but must act reasonably. He has no
power under that section to reject a proposal for Combination.
( ii ) Neither the Commisioner nor the Collector under Section 26 Land Enactment
has power to reject applications unless there are in some way defective, or fail to
obtain town planning approval under Section 149 Town Board Enactment, or
are barred by an express condition in the title. For instance it is considered that it
would not be possible to reject an application for sub-dicision of land situated
outside Town Board/Council area on ground of policy, e.g. that it would lead to
excessive fragmentation of the holding.
5. PROCEDURE AFTER APPROVAL
(i) COLLECTION OF LAND REVENUE DUE
C.L.R. will collect :
(a) Fees to be deposited.
(b) All rent due on all titles concerned.
60
( ii ) DELIVERY OF ISSUE DOCUMENT OF TITLE
C.L.R. will obtain delivery before any further action taken and keep the
document of title in safe custody, i.e. in the strong room, until it is to be
destroyedon registration of new title.
( iii ) REQUISITION SURVEY
The re-survey must cover the whole of the land comprised in the lot or lots to be
divided or combined and no more. If part the land are surrendered, for instance
for the road reserves or rounding off corners of blocks, these portions must be
surveyed as lots, ( surrender titles being then registered and cancelled by an
instrument of surrender). If the re-survey involves alienation of state land, for
instance in implementation of a redistribution scheme, it cannot be done under
Section 26 Land Enactment. It‟s necessary to use the alternative method of
surrender and re-alienation. If the applicant‟s proposal has been modified, the
C.L.R. will get him to sign final R/S plan ( President Town Board/ Council will
have already signed, if necessary).
6. PROCEDURE AFTER SURVEY
(i) SETTLEMENT
Re-surveys should always be settled as they generally involve boundaries of

occupation.
( ii ) ADJUSTMENT OF FEES, If required
( iii ) APPORTIONMENT OF RENT
The total rent on the titles, including any surrender titles, must be the same as
that on the original title or titles provided that the minimum rent, if any on each
parcel must be 50 cents. Examples are given in C.L. & M. Circular 13/39. The
rent cannot be revised in proceeding under section 26. ( Rent on town or village
land may be liable to revision under Section 33 when built on, but this is a
separate proceeding ). If the original titles are rent free, so are the new titles.
( iv ) REQUISITION FOR TITLES
All new titles under Section 26 are in continuation and must exspress all
conditions and rights existing in the original title. No new conditions can be
imposed. There is no question of “ term “. If there is co-proproetorship each co-
proprietor will have the same undivided interest in each of the new titles as he
had in the original title. The form of title as he had in the original title. The forms
of title to be requistioned are as follows :-
(a) Original Titles Grant or Lease issued under the Land Enactment.
61
(1) If the proprietor has agreed to receive certificates of title
requisition for C.T.
(2) If the proprietor has not agreed to accept C.T. requisition Grants
or Lease as the case may be. ( The correct continuation title for
land alienated on Grant or Lease is a C.T. , but the wording of
Section 26 ( i ) is such that the proprietor can asist on a
Grant or Lease in Continuation if he so wishes ).
(b) Original Title Old Title -

Malay Grant or Agricultural Lease
Issue of title in this form is not provided in the Land Enactment.

Therefore requisition for C.T. in all cases.
(c) Original Title E.M.R.
New title is E.M.R. except in cases of combination resulting in a

parcel exceeding 10 acres in area. Requisition for Extract.
(v) Registration
The step are :
(a) Register new titles, reference to former titles being made thereon.
(b) Cancellation of the original titles ( by an entry on the lines of

I.L.O. 78 ) and destruction of I.D.T. for these titles.
7. LIAISON WITH TOWN BOARD / COUNCIL
If the land is within Town Board / Council area the C.L.R. should :
(i) Send to the President Town Board / Counsil a note of the new titles so that the
assessment roll etc. can be amended. ( This will be done notwithstanding the fact
that records of Mutation may have been sent to the Town Board / Council by the
Registry )
( ii ) Arrange for Land Officer Tracer to plot the charting tracing on the Town Board
/ Coucil plan if separate plans are kept.
8. SPECIAL CASES - ALTERNATIVE PROCEDURE
( i ) COMBINATION
There are many potential difficulties in combining lot held under separate titles by
proceedings under Section 26 Land Enactment because there may be variations in the
term of tenure under the original title to an extent which cannot be adjusted under the
proviso to section 26 ( ii ), e.g. different express conditions ( The Johore section confers
no power of selecting the condition as is provided in Section 51 F.M.S. Land Code. ),
differences in regard to encumbrances, mixed Grants and Leases or Leases of different
terms. It is necessary in such cases to proceed by the alternative method of surrender
and re-alienation.
62
( ii ) COMBINATION AND SUBDIVISION IN CONJUCTION
The same considerations apply as in the case of combination above - i.e. this
procedure is only practicable where there is no variation of substance between
the term of tenure of the original titles involved. In other cases use surrender
and re-alienation.
( iii ) PARTITION
There is no provision in the Johore Land Enactment for partition of land between
co-proprietors. This is a defect in the law, but the position is that partition can be
effected by two methods.
(a) Subdivision and Cross Transfer
(b) Surrender and Re-alienation.
( iv ) SURRENDER AND RE-ALIENATION
This method has been reffered to in this Circular as a possible way round
difficulties in some circumtances. It is not alway a simple or even a practicable
method. It has advantages to Government because it is possible to propose
substantial modifications in term and conditions of tenure. For the same reason it
may have disadvantages to the propritors. In all cases prior written agreement as
to the term is essential and all parties must be available to implement it. For
example, the death or absence from the country of a proprietor or charges may
cause much delay. Surrender extinguishes the title completely and no right or
encumbrances in it affect the new title. In theory re-survey of all boundaries is
required but Collectors should consult the District Surveyor in each cases as to
what re-survey is in fact necessary and what fee should be charge.
9. CANCELLATION
C.L. & M. Circulars No. 29 of 1934 and No.21 of 1940 are hereby cancelled.
Sgd. ( S. Angus )
JOHOR BAHRU.
Johore Bahru
1st. September, 1954.
Distribution

All A.D.os of Sub-districts
Chief Surveyor Johore ( 4 copies )
The Hon‟ble Legal Adviser, Johore.
63
LEGAL NOTIFICATION
CITATION OF APPOINTMENTS
Caseshave been noticed in which in notifications signed by an Assistant Collctor of Land

Revenue in asub-district the appointment is cited as being in respect of the sub-district
2. A.C.L. Rs are appointed for districts – not for sub-districts – and their appointment
should be cited accordingly, if they are used at all.
3. In the normal course gazette notifications which are required to be published by the
Collector should be signed by the Collector
Sgd. ( S. Angus )
JOHOR BAHRU.
Johore Bahru
4st. September, 1954.
Distribution

64
LAND ACQUSITION
POSSESSION AND VESTING OF LAND ACQUIRED
There appears to be general misunderstanding of the effect of Section under Sections 16-
19 of the Land Acquisition Enactment.
2. TAKING POSSESSION:
(a) The Collector can take possession of land acquired in two ways:
(i) Under Section 16 after making his award.
( ii ) Under Section 17 by direction of cases of special urgency before making

his award . It is emphasized that Section 17 provides for an exceptional
procedure. Direction should not be asked for as routine, but only in cases
where it is in fact necessary for possession of the land to be taken before
the award is made.
(b) There should be a definite act of taking possession of the land. This can be done
by notice which should be:
(i) posted on the land.
( ii ) served on the owner. ( The written offer of compensation under Section

43 ( i ) is not necessarily notice of taking possession).
(iii) presented to the proper registering authority as miscellaneous as

authority for endorsement of the title.
(c) The form of notice should be:
(i) where the registered document of title is kept in the Collector‟s office, a
notice substantially in Form VII A or VII B suitably amended to refer to
Section 18 ( i ) ( a ) as the case may be and addressed to the proprietors.
( ii ) where the registered document of title is kept in the office of the

Commissioner, copies of the statutory notice to be Commissioner( Form
VII A or VII B ) should be posted and served.
The attention of Collectors is drawn to the fact that Form VII A and VII B refer to
the alternative to section 16 and I?. The reference to the section under which the
Collector is not acting should be struck out.
65
(d) Except in cases urgency Collectors should not take possession of land acquired,
and therefore should not issue or post any of these notices, until the six weeks
time for appeal stated in section 22(iii) of the Enactment has expired, or if
application for reference to Court is tiled, until the reference has been
determined. After possession of the land has been taken (and the issue of notice
to the Commissioner amounts to constructive possession the Government cannot
withdraw from, the acquisition except by consent of the owners. Claims for costs
and compensation are then difficult to resist.
3. EFFECT OF TAKING POSSESSION:
Action under Section IS and 19 is dependent on possession having been taken under
Section 16 or 17, i.e. taking of possession isa condition precedent to making ofmemorials of
acquisition on the titles and memorials would probably be of no effect if possession of the land
had not been taken. The The effect of the memorials under Section I8 and 19 is different.
(a) WHOLE LOT ACQUIRED:
If the whole of the lard comprised in a title is acquired the effect of the entry
required to be made under section 18(i) ( h) as the case may be, is that the land is
vested in the Ruler of the State
(b) PORTION OF LOT ACQUIRED:
If part only of the land is acquired the exact area which would vest in the Rule, is
not known until it has been surveyed. The entry required to be made under this
section is only that a specific approximate area „is being acquired”. The portion
acquired does definitely ascertained by survey and the title is cancelled on
registration of the new title for the unacquired portion under section 19 (iv).
Vesting is then automatic, but until that action is completed in the Government
has legal possession and use of the land only. - See circ. 18/54.
4. FORM OF MEMORIALS:
(a) WHOLE LOT ACOUIRED:
“Possession of the whole of the Land described herein has been taken under the Land
Acquisition Enactment on the …………….. day of …………….19 ………. and the
land has vested in the Ruler of the State vide Misc. Doe. Vol ………… Fol………
Presn ………………
Dated this ………………. Day of …………. 19 ………….
C.L &M. / C.L.R.”
66
(b) PORTION OF LOT ACQUIRED:
“An area of approximately ………………….. acres of the land described herein

is being acquired and possession thereof has been taken on behalf of the Ruler of
the State on the ……………….. day of …………… 19 …………. vide Misc.
Doe. Vol. ………………. Fol …………. Dated this ………… day of
………… 19 ………..
C.L & M. / C.L.R.”
The date to be entered in the memorials should be the date on which the
Collector takes possession, i.e. the date of the notices.
67
Ref: No. 7 in CLM. 684 / 54
FORM OF CHARGE
GOVERNMENT LOANS TO OFFICERS
Attached to this Circular is a specimen form of charge incorporating the conditions

prescribed in F.G.O. 277 ( c ) ( v ) and 277A ( c ) ( v ) for charges of land given as security for
loans under those regulations. The form should be used in all such cases. The State Secretary is
being asked to arrange for it to be printed.
The attention of Collectors is drawn to the fact that the form is a consolidation of
schedules K ( iii ) and P ( I ) of the Land Enactment and that it is a substantial variation from
both these forms is that:-
a) As Schedule K ( iii ) it does not follow the statutory from providing for payment of
interest at regular intervals and of the principal some in full of a fix date.
b) As Schedule P ( i ) it does not permit a charge to be executed over a portion of land

included in a document of title as this is considered to be unnecessary in the type of
transaction for which the form is required.
The addition to clause 9 for use in the form as Schedule K ( iii ) is necessary because
section 52 ( i ) Land Enactment contains no provision for foreclosure for breach of covenants.
This addition should be deleted when the form is used as Schedule P ( I ) as section 68 ( i ) does
provide foreclosure in the event of such breach.
Sgd: ( S . Angus )
JOHORE.
Johore Bahru,
9th October, 1954.
Distribution:
Chief Surveyor, Johore ( 3 copies )
Hon‟ble Legal Adviser, Johore.
68
Annexture to C . L . & M . Circular 17 / 54
THE LAND ENACTMENT (No.1)

SCHEDULE K ( iii )
SCHEDULE P - Form I
MEMORANDUM OF CHARGE
I, .......................................................... being registered as the owner/proprietor + (

subject to the annual rent of $ ...............) of the land held under ..................................................
being Lot No. ................ , Mukim/Township/Village ........................ + of ....................... in the
district of ............................................. .
IN CONSIDERATION of the sum of $ .............. (Dollars .........................................) lent by

the STATE SECRETARY JOHORE ( hereinafter called the chargee ) the receipt of which sum I
hereby acknowledge do hereby agree;
Firstly, that I will pay to him, the said charges the above sum of $ ............................. (
Dollars ................) by .......... equal monthly installments by deduction from my monthly salary,
the first of such payments to be made on the last day of ............ 19 ...... , and hereafter on the
last day of every succeeding month until the loan is fully paid.
Secondly, that I will pay such interest as maybe due on the principal sum outstanding
from time to time calculated at one half per centum per mensem together with said monthly
installments of the said principal sum to be deducted from my monthly salary; such interest
shall be deemed to accrue with effect from the ........... day of ............. 19..... . For the calculation
of interest any period of exceeding 15 days but less than a month shall be reckoned as a full
month;
Thirdly, during the continuance of this charge I will not transfer, mortgage; charge or
otherwise deal with or part with the possession of the said land or any part thereof except with
the written consent of the chargee previously obtained;
Fourthly, that while stationed at .............. I will personally occupy the said land and any
buildings thereon and will not permit any person other than a member of my family to occupy
the same or any part thereof without the written consent of the chargee previously obtained.
Fifthly, that I will keep the buildings now existing on the land or which may hereafter
be built thereon fully insured against fire in the name of the chargee with the Company
approved by the chargee, and that I will deposit the insurance policy with the District Officer,
........... , together with the receipts for annual premium or renewal as they become due;
Sixthly, that I will maintain the buildings now existing on the land or which may
hereafter be erected thereon in good repair;
69
Seventhly, that I will utilize the amount hereby loaned for the purpose of and
for no other purpose;
Eighthly, that the house to be built ( or the erection, re-erection, improvements or
extension of the house to be carried out ) will be completed on or before the ............. day of
........... 19 ........
Ninthly, that upon breach of any condition or obligation herein contained or upon my
ceasing to be in the service of the Government the whole amount of the principal sum
remaining due with interest thereon and any sum due in respect of the cost of fire insurance
shall forthwith on demand become due and repayable to the chargee;
And it shall be lawful for the said chargee after the expiration of three month notice
serve upon me at my usual or last known place of abode within the state, to obtain an order
from the Collector for the sale of the said land.
And for the better securing to the said chargee the payment in manner aforesaid of the
principal sum and interest, I hereby charge the land above described with such principal sum
and interest.
In witness whereof I have hereunder signed my name this .............. day of ....... 19 ..... .
……………………………
Signature
Signed by the above named ................................. in the presence of .......................................... .
The signature ........................ was made in my presence this ........... day of ....... 19 ……... and I
verily believe that such signature is of the proper hand writing of the person described as
...........................
(occupation).
( Name and qualification of attesting witness )
+ Delete alternatives not applicable

@ Delete in Schedule P.
70
Ref : No.8 in CLM. 700 / 54:
C.L.& M. CIRCULAR NO.18 OF 1954 (XX)
LAND ACQUSITION
POSITION OF PROPRIETOR OF LAND BEING ACQUIRED
C . L & M. Circular 16/54 is an exposition of the rights obtained by the State in the
course of proceedings under the Land Acquisition Enactment. It included a statement as to the
thought to be not entirely correct. The Circular is accordingly amended by deletion of the
words ”although the owner is divested of all rights therein” at the end of paragraph 3 (b).
2. The object of this circular is to clarify the position of a proprietor of land subject to
acquisition proceeding in regard to the right of dealing in the land and the obligation to pay
rent.
3. DEALING REGISTRABLE:
The general position is that proceedings under the Land Acquisition Enactment do not
affect a proprietor‟s legal title or under Section IS or 19 ( iv ) and do not prevent the
registration of any instrument otherwise registrable. Thus a transfer of a registered interest in
land may be registrable at any stage of acquisition proceedings prior to vesting the land in the
Ruler, and where part of a lot is being acquired, the transferable legal interest extends to the
whole of the land comprised in the lot even though possession and use of the part may have
been vested in the Government by memorial under section 19 ( i ).
4. INTEREST TRANSFERABLE:
The extent of interest of “estate” of which a proprietor is competent to dispose, and which
before a transferee can obtain, depends on the State reached in the acquisition proceedings
when the transfer is registered. A memorial under section 6(iv) has a restrictive effect to the
extent that it gives notice on the register that the land is subject to acquisition proceedings and
fixes the date at which the value of the land is to be determined but it does not prevent the
registration of any transaction. Any transfer registered subsequent to this memorial passes the
legal title of the transferor and his right of possession subject to any action by the Collector to
take possession under section 17 or 16. But a transferee‟s position in regard to the acquisition
proceedings differs, depending on whether the transfer is registered before or after the award.
In the former case the transferee becomes a “person interested”: he obtains the right to be
heard at the enquiry ( and he mustbe served with a notice under section 9( iv) ) and the right
receive compensation. In the later he case obtains no rights against the State in respect of the
award. Payment is made to the person named in the award (i.e. the transferor ) against whom
the transferee would have his remedy if necessary.
71
5. DEALING NOT PREJUDICAL TO ACQUISITION PROCEEDINGS:
The fact that dealings maybe registered after a declaration that land is to be acquired does in
anyway prejudice the acquisition proceedings. The risk of award being influenced by fictitious
transactions registered after the publication of the declaration is slight. In considering
relevance of any transaction so registered to the market value of the land at material date under
section 29 ( i )( a ) the Collector would require very strong proof that the transaction was a
bona fide sale negotiated before and influenced by the acquisition proceedings. The fact of
sequent registration would not strengthen the value of such a transaction as evidence.
6. PAYMENT OF RENT:
Land is alienated on title by the State consideration, inter alia, of the payment or rent.
“Rent” is defined as “Whatever is to be rendered on account of the use of occupation of land”.
Section 31 and 32 Land Enactment provide that the rent specified in the title is due on the 1st.
of January each year and must be duly paid. But there is implied covenant by the State that is
consideration of this annual payment it gives to the proprietor for that year undisturbed use
and occupation of the land comprised in the title. When the State takes possession of land by
acquisition proceeding the proprietor retains the legal title until such time as it is cancelled in
manner provided in the enactment but he is legally denied use or occupation of the land by the
State, the entity which granted title and with it use and occupation. He is prevented from that
use and occupation which the State covenanted to give and for which he covenanted to pay
rent. It is therefore held that, immediately the State takes possession of the land under the Land
Acquisition Enactment, the proprietor is entitled to proportionate rent relief in respect of the
period subsequent to the date of taking possession. If he has paid the rent he is entitled to a
proportionate refund. If he has not paid the rent he is only required to pay a proportion of it.
7. ADJUSTMENT FOR RENT RELIEF:
Adjustments be made as follows:
(a) POSESSION OF WHOLE LOT TAKEN:
The amount of the proportionate rent due for the period subsequent to the of
taking possession will be credited to the proprietor.
(i) If the full rent has been paid this sum will be refunded.
( ii ) If the full rent has not been paid this sum will be written off and
any balance due will be collected on payment of compensation.
72
(b) POSSESION OF PART OF LOT TAKEN:
There will be a write off of a sum calculated as follows:
(i) For the year of acquisition according to the date of taking

possession and the area being acquired.
( ii ) For any subsequent year until excision and vesting in the Ruler of
the portion being acquired, according to the area of that portion.
The rent nominally due remains that specified in the title. The rent to be collected in the respect
of the proportionate rent due in respect of the land of which the proprietor has use an
occupation. The different is the amount written of.
8. LATE FEES.
If late fees become payable in respect of the year in which possession of land is taken
under the Land Acquisition Enactment, the fee should be calculated under land rule l3C
Table II item 20 on the rent actually payable at the date when the arrears arises,
normally 1st June ( Section 87 Land Enactment). Thus,
(a) If the possession is taken before the 1st of June and the rent is not paid
after that date the late fee should be calculated on the reduced rent
payable was the actual amount which become an arrear.
(b) If possession is taken on or after the 1st of June and rent has not been
paid, late fee must be calculated on the rent specified in the title not with
standing the fact that the rent actually payable will be reduced. There
were io refund of late fees.
Sgd. (S. ANGUS)

AG. COMMISSIONER OF LANDS & MINES,
JOHORE.
Johor Bahru
9 th November 1954
Distribution :-
All C.L.R.s (5 copies each)
All A.D.Os of Sub-districts
Chief of Suryeyor, Johore (5 copies)
Hon‟ble Legal Adviser, Johore
Auditor, Johore.
73
Ref : No. 11 in CLM. 505 / 50.
C.L. & M. CIRCULAR NO . 19 OF 1954 ( x x )
PROSPECTING APPLICATIONS AND SECURITY PROCEDURE
There is some evidence that prospecting applications are being frozen in Land Office
without any decision being made on them, or alternatively are being refused without proper
authority on account of security objections. There is also some evidence of uncertainly as to the
stage in investigation of an application at which the security aspect should be considered.
2. The policy is that in regard to new applications security is overriding factor but that
prospecting should be permitted if adequate security precautions are praticable and are carried
out. Renewal on expiry of existing permits in respect of areas in which the holder has done no
prospecting, or in sufficient prospecting during the period of the permit, whether or not this
failure is attributable to security conditions, will not normally be approved unless there are
strong reasons to the contrary on the particular facts of the case. The period of permits will
normally be six month only,unless the type of prospecting required, e.g. by underground
shafting, makes a longer period necessary.
3. The procedure for dealing with applications will be as follows :-
(i) NEW APPLICATIONS
( a ) If the application relates to an area subject to orders under the Emergency

Regulations which make prospecting prima facie impossible under any conditions, e.g.
Danger Areas under E.R. 19A, the application will be deemed to be withdrawn and the
application so informed by the C. L . R . No further action is required. All other cases
will be reported for consideration by Executive Council.
( b ) If the area concerned is not closed by such orders D.W.E.C. will consider
whether prospecting in the locality proposed is prima facie possible, subject to
satisfactory control arrangements, in the light activity already going on in the locality
which may be relevant to acceptance of additional security risks.
(c) If D.W.E.C. advises against prospecting on these grounds the C.L.R. will report
accordingly to C.L. & M. without further investigation of the application. There should
be,wherever possible ,some indication of the nature of the D.W.E.C. objections, e.g.
inaccesibility of area, non- availability of ascorts, curfew restrictions, known bandit
activity, etc., rather than a vague statement of objection “ on security grounds ” which
is often given.
(d) If D.W.E.C. agrees to prospecting in the locality the application will be

investigated departmentally and reported to C.L.& M. The C.L.R. should report the
D.W.E.C. views on the application.
74
( ii ) APPLICATIONS FOR RENEWAL OF EXISTING PERMITS
(a) All such applications will be investigated and reported to council
(b) Prior reference to D.W.E.C. will be made as in (i) (b) above.
(c) If no prospecting or insufficient prospecting has been done in the

preceding 6 months the C.L.R will as certain and report the reason
why this was the case and if the reason alleged and denial of entry
to the area on security grounds the C.L.R. will ascertain and
report whether such entry was in fact asked for and denied,and
whether there are any particular reasons in support of the
recommendation for renewal.
4. All outstanding applications should be dealt with on this basis. Particular care must be
taken where there are conflicting applications that comprehensive recommendations covering
them all are made.
5. This procedure applies to all applications for prospecting permits whether the permit
would be issue under the Mining Enactment or, in the case of the Forest Reserves, under the
Forest Enactment.
Sgd: ( S. Angus )
JOHORE .
Johore Bahru,
21 st.November , 1954.
Distribution :-
All C.L.R.s ( 5 copies each )
All A.D.Os of Sub - districts
Chief Surveyor , Johore ( 5 copies )
Hon „ ble Legal Adviser, Johore.
Warden of Mines , Johore.
StateForest Officer , Johore.
( SEE ALSO ATTD. CLM (1) 12/CLM. 505/50 )

14/CLM. “
17/CLM. “
75
REF : ( 4 ) in CLM. 770 / 54
LAND REVENUE SALES

ANNULMENT
A case has occurred in which a petition for annulment of a revenue sale under Section
105 Land Enactment could not be considered by H. H. the regent within the time prescribed by
law because the C. L. R. to whom it was addressed did not report the application, merely
informing the applicant that he was unable to recommend annulment.
2. It is obviously wrong and may cause injustice that a petitioner cannot get his case
considered by the appropriate authority merely because of C. L. R. fails to report this
representations. Collectors have no discretion whatever under section 105 Land
Enactment. All applications must be report without any delay.
3. I. L. O. 48 states the Standing Orders on this matter.
S. Angus
JOHORE
Johore Bahru ,
18th January 1955
76
( 13 ) in CLM. 565 / 54
C. L. & M. CIRCULAR NO. 2 OF 1955
SMALL ESTATE DISTRIBUTION SUITS

NOTICE FEES
No fees is payable and no fee will henceforth be charge for services of notices of
hearing under Rule 5 ( ii ) of the Small Estates ( Distribution Rules ) 1936
2. The practice of some Land Offices of charging notice fees in these proceeding under
Land Rule 13, Table II, Item 18 is unlawful and will cease. Notice fees under this Rue are
chargeable only in respect of notices issued under the Land Enactment.
3. The view expressed by C.L.Rs as to whether notice fees in distribution suits should be
prescribe are evenly divided. It is not proposed to recommend that such fees should be
prescribe on the grounds that any addition to the expense for a distribution suit is likely to
make beneficiaries of deceased proprietors even more indifferent than they already are about
appling for distribution, with consequent further weakening of the value of title records as
evidence of the real as opposed to the merely legal ownership of land.
S. Angus
JOHORE
Distributions : All CLRs Johore

All ADOs Sub Districts Johore.
Copy to Senior Auditor, Johore
77
( 8 ) in CLM. 751 / 54
C. L. & M. CIRCULAR NO. 3 OF 1955 ( X X )
LAND REVENUE SALES

DEFAULT IN PAYMENT BY AUCTION PURCHASER
The Land Enactment requires a purchaser at a revenue auction sale under Part VII to comply
with two conditions :-
(a) To deposit 25% of the amount of his bid in cash immediately on being declared
the purchaser ( section 94 ) ;
(b) To pay the balance of the purchase money “on or before the expiry of 3 months
after the date on which the sale of the land bought by him took place” ( section
95 ).
If the Auction Purchaser fails to make the initial deposit the land must forthwith be put up
again and sold. The Collector has no discretion to allow the purchaser time in which to make
his deposit.
If the Auction Purchaser fails to pay in the balance of the purchaser money within the statutory
period of 3 months the deposit is forfeited and there must be a resale in accordance with
section 96 and 97. The money is not paid until it is received by the Collector. Dates of posting
remittances are not relevant. The Government has no power to extend the time and no
application for refund of deposit is admissible.
The rule for the computing of time is that 3 months from given date expires on the same date of
third month thereafter, or if there is not such date, then on the following day not being a
weekly holiday ( Friday in Johore ) or a public holiday.
If a resale is required in consequence of default by a purchaser to pay in the balance due, there
is a further opportunity for payment of the arrears and fees by or on behalf of the proprietor.
Such payment would stop the resale. This position arises from the provision in section 97 that
section 91 to 96 inclusive shall apply to a resale. This includes the benefit of section 92.
It is emphasized that before any such resale is held the provisions of section 89 as to the
publication of notice must be strictly complied with. Any omission under this section deprives
the Collector of jurisdiction to proceed and may render the sale voidable.
Sgd: S. Angus
JOHORE
Johore Bahru ,
19th March 1955
Distributions : All CLRs Johore

All ADOs Sub Districts Johore.
78
Ref : 6 in CLM. 122/55
C. L. & M. CIRCULAR NO 4 OF 1955 ( X X )
USE OF LAND FOR GOVERNMENT PURPOSES
The attention of Collectors is drawn to Johore Government Standing Circular

No.22, a copy of which is attached.
2. For the purpose of procedure under this Circular land reserved for a public purpose
under he control of a Government Officer will be deemed to be state land. Reserve land
may of course only be used for the purpose for which it has been reserved.
Sgd. ( S. Angus )
COMMISSIONER OF LANDS & MINES,
JOHORE.
Johore Bahru,
1st. May, 1955
Distribution :
All C. L. Rs ( 2 copies each )
All A. D. Os of Sub- districts
Hon „ ble Legal Adviser, Johore.
79
REGISTRATION
LOSS OF TITLES (SECTION 18, LAND ENACTMENT)
1. WHO CAN APPLY
There seems to be uncertainity as to what persons are competent to apply under section
18(i) Land Enactment for certified copies of title in replacement of issue documents of title lost,
destroyed, defaced, etc. The uncertainity arises from the interpretation of the phrase “person
lawfully entitled to the custody thereof”. I rule as follows :-
(a) PERSONS OF COMPETENT TO APPLY
(i) PROPREITORS
This category includes administrators holding as representative. If there

are co- proreitors and the grounds of application are merely that the title is
missing, theapplication should be made by all the co-propreitors jointly.
Otherwise there is no certainly that the title alleged to be lost is not infect still in
existence in the custody of persons not party to the application. This rule would
not apply if one of the co-propreitors were in position to affirm the particular
circumstances in which the title was actually lost or destroyed.
(ii) PERSONS WITH WHOM THE TITLE HAS BEEN DEPOSITED BY THE
.PROPREITOR.
This category includes only chargees and persons holding by way of lien
and attorneys. Other persons such as colicitors and Public Officers often have
custody of titles for temporary purposes, but the person entitled to custody
remains the propreitor.
(iii ) PERSONS ENTITLED TO CUSTODY OF THE TITLE BY OPERATION OF

LAW OR BY ORDER OF COURT.
This category includes receivers, e.g. the Official Assigneein bankruptcy

proceeding, and the liquidator appointed for the purpose of winding up a
company.
80
(b) PERSONS NOT COMPETENT TO APPLY
( i ) UNREGISTRED PURCHASERS.
A purchaser has no legal right on a title until the dealing is registered. If

the I.D.T. is missing his proper course is to apply for dispensation under
section III and then having been registered as propreitor to apply under
section 18(i) for a certified copy of the title.
(ii) BENEFICIARIES OF DECEASED PROPREITOTRS
Only the administrator of the estate of a deceased propreitor is

strictly entitled to the custody of titles comprising the estate until a
distribution is effected. It has been the practise to allow benefeciaries to
apply presumably because the titles are required to prove the estate on
application for administration or distribution. A certified abstract of title
is sufficient for this purpose if the I.D.T. cannot be produced. (In the case
of proceedings under the Small Estates Enactment proof by the applicant
of title in the Mukim Register of the district of the trial Collector is not
essential. The colllector can check any such title includedin the
application from his own records.) A transmission can be registered
without production of I.D.T. and without any affidavit or notice – see
section III Land Enactment and Section 10 Small Estates Enactment. A
memorial of the transmission should of course always be made on the
I.D.T. if it is available, and if it is not produced a note to that effect should
be made on the register.
2. SCOPE OF SECTION 18
The section prescribes the procedure for replacement of issue documents of titles only. It
is not applicable to any document merely evidencing an approved application, e.g. agreements
of occupation, or the old Surat Sementara.
3. PROCEDURE
The section make the Collector responsible for action in respect of all forms of title. This
is inconvenient in the case of Registry titles. In future on receipt of an application realting to a
Registry title the Collector will consider whether or not it is prima facie admissible under
para.1 of this Circular. If it is not admissible he will reject it and explain the reason for
rejection to the applicant.If it is admissible he will collect the fees and issue a reicept, certify the
receipt number on the application and foward the application and it supporting affidavits or
statutory declarations in original to this office. Notices will be prepared by the Registry and sent
to the Collector on the C.L.&M. file for signature. The Collector will not be concerned in the
matter further, unless matters arise which require local investigation, except to deliver a
redraft title when ready. In the case of E.M.R. it is desireable that Collectors should reserve to
themselves (i.e. not delegate to A.C.L.Rs) the decision as to whether a certified copy may be
issued. Attention is drawn to I.L.O. 128 regarding the timing of erquisitions for redrafts.
81
4. FORM OF NOTICE
Some of the notices under section 18 seem to be unnecessarily meticulous of detail. One
some time ago solemnly recited in the Gazette that the title had been “accidentally given to the
dhoby while it was in the applicant‟s trouser pocket for washing” (1310/54). It is sufficient to
say in the notice that the title is lost, destroyed or defaced as the case maybe.
5. NEED FOR CARE
The following extract from C.L.&M. Circular 16 of 1940 is repeated :-
“Section 18 lays it down that the Collector sahll not in any case issue such certified copy
unless he is satisfied as to the truth of the affidavit or declaration and the good faith of the
applicant‟s. A Collector may require as many affidavits as he considers necessary in any
particular case to satisfy himself that the application is genuine. The most obvious danger to
guard against is the deposit of the title by way of security and the affidavit must cover this
possibility.Again there may be co-propreitors other than the applicant and the title may be in
their custody. It is not uncommon to find that there are squabbles amongst co-propreitors and
that one of them is retaining the title to prevent another co-propreitor dealing with his sahre
on the land. Also titles may already be in the Land Office in connection with some enquire.
There may be a note in the Mukim Register regarding the whereabouts of the E.M.R. There are
several possibilities, and Collectors before approving the issue of certified copies must explore
all such possibilities and they should bear in mind that the issue of such copies may be a
preliminary to some fraudulent transection.”
6. CANCELLATION
C.L.&M. Circulars 9/40, 13/40 and 16/40 are hereby cancelled.
Sgd: (S. Angus)

JOHORE.
Johore Bahru,
15th June, 1955
Distribution :
All C.L.Rs (2 copies)
All A.D.Os os Sub-Districts
Chief Surveyor Johore (3 copies)
82
Ref : No. 7 in CLM. 600 / 49
LAND REVENUE SALE

Reversion to Ruler on No Sale
Section 101 Land Enactment provides that reversion to the Ruler of land in respect of
which there was no bid at auction under Part VII sufficient to cover the amount due becomes
effective only on the expiry 3 months from the date of the attempted sale.
2. This deferment of reversion was introduced into the section by an amendment in 1941,
and the accepted interpretation is that the intention was to allow time for the owner to dispute
the legality of the proceedings in the event of any irregularities having occurred – not to
permit him to defeat reversion by paying the arrears due. The effect is that the land does not
become available for re-alienation for 3 months.
3. There is no procedure laid down in the Land Enactment by which the owner can dispute
the reversion. An opinion was given by the then Legal Adviser in 1949 that the owner‟s
remedy would be to apply to the Supreme Court for an order under section 45 Specific Relief
Enactment ( F. M. S. Cap. 5, then applicable to Johore by F. M. Ordinance 9 / 49 ) requiring
the Collectors to forbear from making an entry in his Rent Auction sale Book, Which order
would have the effect of preventing section 101 from coming into operation. The
corresponding section of the specific Relief ( MalayState ) Ordinance 1950 ( F. M. 29 / 50 ) is
section 44.
4. If such an order were made the sale proceeding would be a nullity and the owner would
be entitled to tender the amount due.
5. In the absence of such an order Collectors will not accept money to tendered in respect
of land which has become subject to reversion under section 101.
6. Reversion to the Ruler cannot be annulled under section 105.
7. The former owner is at liberty to apply for realienation after the land has vested in the
ruler. The premium should include an element of penalty because the applicant‟s default as
owner has put the Government to unnecessary trouble and expense.
Sgd: S. Angus
JOHORE
Johore Bahru ,
20th June 1955
Distributions : All CLRs Johore ( 2 copies )

All ADOs of Sub- Districts
Chief Surveyor, Johore. ( 3 copies )
83
Ref : 11 in CLM. 510 / 54
C.L.& M. CIRCULAR NO. 7 OF 1955
LAND USE CONTROL

CONDITION OF TITLE FOR E.M.R.
Executive Council has approved the attached schedule of cultivation condition for
smallholding as revised at the Land Conferenceon 14.4.55
2. One of the standard condition in the following terms was designed to provide control of
short term cropping:
“No pineapples, tapioca, or pepper shall be planted or permitted to grow on this

land except with the prior permission of the Collectors of the Land Revenue by
endorsement hereon”
The control is to be exercised at the discreation of the Collector and it was agreed at the Land
Conference that administrative instructions would be issued for guidance of Collectors in the
exercise of this discreation.
3. These instructions are as follows :-
(a) Alienation of land for pineapple cultivation as a main crop for the canning
industry willbe confined to the peat belt in south-west Johore.
(b) Cultivation of pineapple as a commercial crop will not be permitted outside the
peat belt except where interplanted with tree cropss on flat land. Planting of a
few pineapples for domestic consumption can be ignored.
(c) Cultivation of tapioca will not be permitted except on flat land and where
planting is permissible the area planted will be restricted to 1 acre or 1/8 of the
area of the lot, whichever is the greater.
(d) Pepper cultivation is contigous holding forming large cleared areas on hillsides
will not be permitted. Such condition create serioys risk of erosion.
4. C.L. & M. Circular 7/34, 33/35, 6/36, 10/36, 12/36, 13/36, 3/37, 3/50, and 1/51
are hereby cancelled
Sgd: S. Angus
JOHORE
Johore Bahru ,
20th June 1955

84
FORMS OF CONDITION
CULTIVATION SPEACIAL CONDITION OF TITLE
Padi ... 1. The land hereby alienated shall be planted solely with
wet rice annually during the rice planting season
Nipah and Rumbia ... 1. The land hereby alienated shall be cultivated solely with
nipah( or rumbia ). No other product shall be planted or
permitted to grow thereon.
2. The owner shall at all times take such measures on the
land to prevent erosion as the Collector af Land Revenue
may in his discreation required.
Rubber ... 1. No rubber tree shall be planted or permitted to grow on
the landhereby alienated except material of the species.
Hevea Braziliensisi ( or other species of rubber producing .
Plants ) approved by Land Revenue by endorsement.
hereon.
2. No pineapples, tapioca, or pepper shall be planted or
permitted to grow on this land except with the prior
permission of the Collector of Land Revenue by
endorsement hereon.
3. The owner shall at all times take such measures on the to
prevent erosion as the Collector of land Revenue may in
his discreation require.
Mixed Cultivation ... 1. No rubber plant shall be planted or permitted to grow on
the land hereby alienated.
( No. Rubber ) 2. No pineapples, tapioca, or pepper shall be planted or
permitted to grow on this land except with the prior
permission of the Collector of Land Revenue by
endorsement hereon.
3. The owner shall at all times take such measures on the to
prevent erosion as the Collector of land Revenue may in
his discreation require.
Pineapple. . . 1. No crops other than pineapple and subject as hereinafter
provided such other than crops as may be authorized by
endorsement hereon by the Collector of Land Revenue
may be planted orpermitted to grow on the land hereby
alienated.
2. No tree crops shall be planted or permitted to grow on this
land.
3. The owner shall comply with all direction which may be
given from time to time by the State Agricultural Officer
regarding the standard of cultivation, including the
treatment of the crop in the field and planting or
replanting with approved material, and the depth of
the water table.
4. The owner shall at all time take such measures on the land
to prevent erosion as the Collector of the Land Revenue
may in his discreation require.
85
Ref : 700 / 54 / 13
C.L.& M. CIRCULAR NO. 8 OF 1955 ( XX )
ACQUISITION
AWARDS AND REFFERENCES TO COURT
1. MARKING AND INSPECTION OF LAND PRIOR TO ENQUIRY:
The Collector or C.L.R. taking an acquisition enquiry must personally make a

detailed inspection of every lot concerned before commencing the enquiry. he must satisfy
himself that the land to be acquired has been properly marked on the ground and is correctly
shown on the acquisition plan both as to external boundaries and as to internal boundaries of
cultivation and that all building on the land are re marked on the plan. He must record on the
case file that he has made this inspection and that he is satisfied that the plan is adequate for
the proceedings. There have been many cases in which awards have been made without any
inspection by the enquiry Collectors, and in some of them compensation has been awarded and
paid as land fully planted with permanent crops when in fact there were large vacant areas.
2. LAND USE AS “COMPARABLES” FOR PURPOSE OF VALUATION:
Where sales of the land in the locality are available for use as comparables for valuation
purpose the transaction must be analysed to ascertain the evidence and the land must be
inspected to ascertain its condition at the date of the transaction. All such lands should be put
on to a plan showing their situation in relation to the land being acquired and indexed by serial
number with a schedule giving particulars of the transaction. Appendix A is a specimen of the
kind of schedule required. It is essential to adhere to the principle of comparing like with like,
for instance small developed lots are not directly comparable in value with large undeveloped
lots. The enquiry Collector must personally inspect every lot which he proposes to use as a
comparable and must record on the file that he has done so.
3. REFFERENCE TO COMMISSIONER BEFORE AWARD.
In any case in which a Collector is in serious doubt about an award he may refer to the
Commissioner for advise, and in every case which involves claims to compensation for
severance and injurious or loss of income or the setting off of an increase in the value of other
land owned by the claimant ( under section 29 ( i )(b) ), the Collector must refer to the
Commissioner for advise before making his award. In submitting papers to the Commissioner
in any such case the Collector must include a draft of his proposed award, a statement of the
grounds on which he propose to make it any particular matter on which he seeks advise.
86
4. FORM OF AWARD:
In stating awards in the record of proceedings the matters to be recorded are those set
out in section 11 and they must be recorded, i.e.
(a) The approximate area of the land concerned.
(b) The compensation awarded by the Collector.
(c) The apportionment of the compensation the persons known or believed

to be interested.
(d) Costs, if any, incurred in the proceedings.
A separate award and a separate written offer of compensation must be made in

respect of each lot or part of the lot concerned.
The form of the award should be recorded as follows:
“I make an award as follows:
(a) Lot No.

(b) Approximate area to be acquired ……………….
(c) Compensation awarded $ ………………………….
(d) Apportionment of compensation
$ ……………. to …………..
$ ……………. to …………. etc., etc.
(e) Costs$ ………… to ………payable by …………”
6. BASIS OF AWARD:
Immediately after the record of the award in the note book a note should be made
setting out the basis on which the compensation is determined in relation to the factors
mentioned in section 29 which the Collector is required to take into consideration by section
15, i.e.
(a) Market value of land taken - Section 29(i) (a) -
Under this head the Collector should record any difference in value assessed in
respect of specific portions of the land being acquired or any relevant factors
under section 30, especially under section 30 ( c).
(b) Severance and injuries affection - Section29(i)(c)&(d).
(c) Betterment-Section29(i)(b).
(d) Expenses incidental to removal in consequence of the acquisition, if any -

87
Section 29 ( i ) (e).
It is emphasized that severance and injurious affection and also betterment relate to other land
or property owned by claimant - not of the land being acquired. It is wrong in principle to
assesscompensation for severance as a percentage of the compensation awarded as value of
land taken. Betterment is established as a fact reduces the amount of compensation to be
awarded.
7. WRITTEN OFFER OF COMPENSATION:
It appears to be the practice in some Land Offices to endorse on written offers of

compensation made under section 43 ( i ) Of the Land Acquisition Enactment (Form VI)
detailed particulars of how the amount of compensation offered is determined. This practice
must cease. No additions whatever should be made to Form VI and no information should be
given to persons interested as to the basis on which the award is made. The Collector‟s duty
under section 43 (i ) is to make a written offer of the compensation awarded by him. He has no
duty to explain the offer to the persons interested and he must not to do so.
8. REFERENCE TO COURT:
A reference to court under section 22 (i ) should be on the lines of the specimen pro
forma attached ( Appendix B). Collectors will be held personally responsible for correctness of
every Land Reference made from their offices. A draft of every reference approved by the
Collector will be submitted to the Commissioner and no reference will be filed in court until
authorized by the Commissioner. The reference must be signed by the officer who made the
award and the grounds of award must be written by him. References should be made up as
appeal book, the pages numbered and the index of them supplied. Six copies are normally
required, 4 being sent to the Assistant Registrar of High Court, I to the Legal Adviser and 1 to
theCommissioner.Theofficer who made the award will be future attend the hearing of the
appeal whether he is called to give evidence or not.
9. GENERAL:
Much more care must be taken in acquisition cases than has generally been done in the
past. Collectors must take personally all acquisitions of town land and all acquisitions of
country land where large areas are involved or difficult claims for compensation on factors
other than market value are expected to arise.
Any officer who makes an award in an acquisition case and cannot explain how he
made it raises doubt as to his personal competence which in future will not be overlooked.
Hitherto this failure appears to have been widely prevalent.
88
Sgd. (S. Angus)
JOHORE.
Johore
Bahru,
14th. September 1955
Distribution
All C.L.Rs (2 copies each)

Chief Surveyor, Johore ( 3 copies)
89
Ref : No. 1 in CLM. 430 / 55.
C.L. & M. CIRCULAR NO. 9 of 1955 ( * * )
PROPRIETARY MINING LICENCES

PROCEDURE.
1. There appears to be some doubt as to the persons competent to apply for P.M.L.
2. Section 43 of the Mining Enactment provides that P. M. L. maybe issued on the

application of the registered proprietor or lessee of land held under a document of title
conferring surface rights only with the express consent of all persons having registered
proprietor or lessee of land held under a document of title conferring surface right only
with the express consent of all person having registered interests by way of charge or
otherwise in the land.
3. The person competent to apply depends on
(a) The form of title
(b) The Terms of the lease if there is a lease.
4. Land held on E. M. R.. cannot be leased under the Land Enactment. It follows that there
cannot be a lessee and the only person competent to apply for P.M.L. over land held on
E.M.R. is registered owner.
5. Land held on other forms of title normally can be leased and the proper person to apply
for P.M. L. in respect of leased land would normally be the lessee. If the lease is in terms
which permit the lessee to mine the leased land subject to his obtaining the necessary
Licence under the mining Enactment, an application by the lessee does not require to be
supported by specific consent of the owner as that consent is expressly given by the
terms of the lease. If the lease is in any other terms an application by the lessee or by the
owner must be supported by the written consent of the other party to the lease.
Collectors must state in reporting such applications that the written consent has been
filed where necessary.
Sgd :
( S. Angus )
JOHORE.
Johore Bahru,
6 th, November, 1955
Distribution :-
All C. L. R s ( 2 copies each )
All A. D. O s of Sub- districts
Warden of Mines, Johore
Hon „ble Legal Adviser, Johore.
90
Ref. No. 3 in CLM. 640 / 54
CORRECTION OF NAMES IN MUKIM REGISTER
The procedure for dealing with application for correction or change of name stated in
Circular No. 12 /54 has been in operation for more than a year and in appears to be generally
understood. It is therefore desired to reduce the number of cases referred to the Commissioner.
2. Pursuant to section 34 (iv) Land Enactment, Collectors of Land Revenue are hereby
authorized to correct names in the Mukim Register under section 23 (i) in cases where they
are satisfied after due enquiry that an incorrect name has been entered on the registered in
error. The form issued with Circular No. 12/54 will continue to be used, the Order under
para.8 being made by the Collector in such cases.
3. It is emphasized that this power may be exercise only to correct an error on the register.
Where a change of name is involved the matter must still be referred to the Commissioner
under Section 75(g) Land Enactment.
4. For the purpose of this Circular “Collectors” does not include an Assistant Collector.
Sgd: S. Angus
JOHORE.
Johor Bahru,
9th November, 1955
Distribution:
91
Ref : No. (5 ) in C.L. & M. 290 / 54.
C . L . & M. CIRCULAR NO. 11 of 1955 ( XX )
LICENSING
WATERS ENACTMENT
JETTIES WITHIN PORT LIMITS
Where port limits include rivers there may be an overlapping of
Jurisdictions conffered on the Land Office under the Waters Enactment and on the Harbour
Master under the Merchant Shipping Ordinance, 1952, and arrangements are required for
routine consultation between the two authorities.
2. It has been agreed that any application for permission to build a jetty or landing
stage in a river on a site which falls within port limits should be reffered to the Harbour
Master or the Collector of Land Revenue as the case maybe, by whichever authority
receives it before any licence or other authorisation is issued by either
3. Collector should act accordingly. In port limits the primary responsibility is that of the
Harbour Master and approval would not normally be given for any proposal to which
the Harbour Master objects
Sgd : S. Angus
JOHORE
Johore Bahru.
28 th. November, 1955
Distribution :
All C.L.R.s ( 2 copies )
All A.D.Os of Sub-District.
The Harbour Master, Johore.
The Chief Surveyor, Johore ( 3 copies )
The Hon „ble the Legal Adviser, Johore.
92
TERM OF ALIENATION
CINEMA SITES
A number of application have been received for alienation of state land in New Villages
for cinemas.
2. Foe reasons of public safety, cinemas must be buildings of substantial construction. The
short-term Mukim Lease which is the standard form of title for land in New Villages does not
allow sufficient security of tenure for the type of building required.
3. Executive Council has approved that the terms of alienation of StateLand for cinemas
should be as follows :-
Title - Lease of StateLand under

Section 29 Land Enactment.
Term 0f Lease - Permanent building 99 years

Semi-permanent building 40 years.
Premium & Rent - Calculated by the Taiping Formula.
Fees - Schceduled Rates.
Special Conditions:-
(1) Within 2 years from * ( date of occupation of land )the lease shall
build upon the land hereby leased a cinema hall of * (
permanent / semi permanent ) construction and with seating
capacity for not less than * …………. Persons according to plans
approved by the * ( local authority )
(2) The land hereby leased shall not be transferred, charged, sub-
leased or otherwise disposed of until the building required by the
condition first above written has been complete as evidenced by
endorsement hereon under the hand of the Commisioner of Lands
and Mines.
(3) The lessee will pay and discharge all taxes, rates, assessment and
charges whatsoever which may be payable for the time being in
respect of the land hereby leased or any part there of whether
levied by a Town Board or any other authority.
Sgd : S. Angus
JOHORE
93
Johore Bahru.
15 th. January, 1956
Distribution :
All C.L.R.s ( 2 copies )
All A.D.Os of Sub-District.
The Harbour Master, Johore.
The Chief Surveyor, Johore ( 3 copies )
The Hon „ble the Legal Adviser, Johore
94
REGISTRATION
POWERS OF ATTORNEY
It has been ruled that Section 3(20) of the Powers of Attorney Ordinance 1949 (F.M.
64/49) overrides the provisions of Section 48 (iii) and 74 Land Enactment and Section 32 (iv)
Mining Enactment in so far as they relate to attestation of Powers of Attorney executed after the
commencement of the Ordinance (i.c.1.1.50).
The position is that a Power of Attorney executed after that date must be executed and
authenticated in the manner prescribed in Section 3(1) of the Ordinance and if so executed
must be accepted for the purpose of the above-mentioned section of the Enactment even though
not attested in the manner therein prescribed. These section, however, continue in force in
relation to Powers of Attorney executed before 1.1.50.
Sgd: S. Angus
JOHORE.
Johor Bahru,
17th January, 1956
Distribution:
95
Ref. No. 49 in CLM. 97 / 54
LAND REVENUE SALES
It has been noticed in some recent Gazette Notification publishing results of land revenue sales
that two or more lots owned by the same person have been sold at the same time.
2. The attention of Collectors is drawn to the discretionary power conferred on them by

Section 102 Land Enactment to apply any surplus on a sale to the payment of any arrear and
cost due in respect of any other land within the district belonging to the same proprietor.
3. Collectors should use this discretion in favour of proprietors whenever they are in a
position to do so.
Sgd: S. Angus
JOHORE
Johore Bahru ,
16 February 1956

96
Ref. No. 45 in CLM. 793 / 52
LAND RENT REMISSION ( EMERGENCY AREAS )

ARREARS PRIOR TO REMISSION
Remission of rent due on land of which the owner is denied use and occupation by security, has
been allowed with effect from 1952.
2. In some cases where remission has been granted for 1952 and subsequent years, arrears
accrued before 1952 are still outstanding. Instruction have been given that no land is
respect of which remission has been granted should be put up sale on account of such
arrears for the time being.
3. The land concerned in some such cases is in arrears which have now been declared
white. The rent concession therefore ceases and it is necessary to decide what action
should be taken to recover the outstanding arrears. Owners will require time to
rehabilitate holding.
4. Executive Council has approved the adoption of the following ruling : -
Where arrears of rent are outstanding on land which has been granted remission,
accrued before the date from which remission began, no action for recovery of these
arrears will be taken for one year from the date on which remission stops, provided that
rent due for that year is duly paid. If the current rent becomes an arrear then action
should be taken to recover all arrears in the normal course.
5. Collectors should act accordingly.
S. Angus
JOHORE
Johore Bahru ,
12th March 1956

97
Ref. No. 4 in CLM. 793 / 52 - A
LAND RENT REMISSION ( EMERGENCY AREAS )

MINING RENT
Executive Council has approved in principle remission of rent due on mining land on the same
conditions as are required to qualify for remission of rent on agricultural land and with effect
from the same date, i. e. 1952
2. These conditions and the procedure for submitting recommendations for remission are
stated in C. L. & M. Circular 11 / 54.
3. Remission will be granted under emergency powers L. N. 617 / 53 – Emergency

( Remission of Rent ) Regulation 1953.
Sgd: S. Angus
JOHORE
Johore Bahru ,
31st March 1956

98
Ref: No. 12inCLM. 122/55
C.L.&M. CIRCULAR NO.6 OF 1956 (XX)
USE OF LAND FOR GOVERNMENT PURPOSES

TEMPORARY OCCUPATION UNDER STATUTORY POWERS
1. POWERS
The Government can take possession of alienated land for temporary purposes without
vesting of the land by acquisition in exercise of statutoty powers under Part VI of the Land
Acquisition Enactment and under emergency powers conferred by Regulation 33 of the
Essential Regulations ( B.M.A.G.N 4 18/46 ) and Regulation 35 of the Emergency Regulations
1951. Part VI of the Land Acquisition Enactment applies only to unoccupied land and the
period for which possession is taken under these provisions is limited to 3 years. The
Emergency powers can be used without limitation of time in respect of any land including
building required for a security purposes. (Essential Regulation 33 can also be used for other
purposes connected with essential services.)
2. FUNCTION OF LAND OFFICES
The position of Land Offices in these proceedings is as follows:
(a) PROCEEDINGS UNDER PART VI LAND ACOUISITION

ENACTMENT
Subject to direction by His Highness the Ruler in Council to act

theCollector is legally responsible for the whole of the
proceedings.
(b) PROCEEDINGS UNDER EMERGENCY POWERS
The Regulation confer no specific function on the Collector. The

competent authority is the Menteri Besar, but by administrative
direction (Johore Government Standing Circular No.22 ) the Land
Office is the channel through which action will be taken, this
being obviously the most effective means of identifying the land
concerned, the persons interested and affecting service. It can be
assumed that the Collector would also be required to advise in
consultation with technical departments where necessary on
claims to compensation.
No offer of compensation will be made by a Collector in any such proceedings except with the
prior approval of the Commissioner.
3. RECORDS
Whatever the form of proceedings the Collector should ensure that a condition report on the
land is made if possible jointly with, and counter-signed by, the owners or other persons
99
interested ( who should be served with written notice requiring their attendance for this
purpose ) both at the time of taking possession and on relinquishment of possession. These
reports are essential for the assessment of claims to compensation for damage. Condition
reports on land requisitioned for the services are made by the Land Agents of the Service
Departments and are not within the category referred top for the purpose of this Circular. The
State Engineer has issued departmental instructions that the P.W.D. will keep records of any
trees of value felled in the course of building operations on land held on temporary occupation
and that compensation for such damage will only be paid through the Collector.
4. COMPENSATION
(a) MEASURE OF COMPENSATION
There are variations in the particular provisions laid down, but the general
principle is that the Government is in the position of a statutory tenant and is
required to pay the persons interested the value of which they are deprived.
Thisincludes payment of rent for use and occupation of land and
compensationfordamage where ascertainable and payable at the time of
takingpossessionorunforeseen and so payable on cessation of occupation.
(b) PROCEDURE
The intention is that compensation should be settled by agreement if possible. In

the event of dispute the procedure is
(i) PART VI LAND ACOUISITION ENACTMENT
Reference to Court by the Collector under section 45( iii ) or 47.
( ii ) EMERGENCY POWERS
Reference to a Compensation Board appointed under Part VI of the

Essential Regulation either by the Government or the claimant. The
rulesgoverning such reference are Essential Regulations
(CompensationBoard)Rules 1947 M.U.G.N. 6669/29-9-47). The
appointment ofaCompensationBoard for Johore is notified in Federal L.N
129/4-3-54.
(c) INTEREST
Under Part VI Land Acquisition Enactment compensation does not carry interest.
Under Essential Regulation 56 it does from date of accrual to date of payment at
2% per annum (Federal L.N. 155/49).
5. FORMS
There are no prescribed forms for notices of taking possession or restoration of

possessionin these proceedings.
100
(a) PART IV LAND ACQUISITION ENACTMENT
The attached Form A maybe used for the notice under Sec. 45( ii).
(b) REQUISITIONING
The attached Form B ( a printed form ) is used for requisitioning orders. Where
such an order refers to land a plan must be endorsed on it or attached to it. The
attached Form C maybe used for notifying release from requisition.
Sgd.
JOHORE.
Johore Bahru,
3rdApril 1956
Distributions:

Chief Surveyor, Johore ( 3 copies)
101
FORM „A‟
STATE OF JOHORE
THE LAND ACQUISITION ENACTMENT. 1936

SECTION 45
NOTICE THAT THE GOVERNMENT INTENDS TO TAKE TEMPORARY

OCCUPATION AND USEFORLAND
To,
………………………………
Take notice that the land described in the Schedule here under and delineated
on the plan endorsed hereon is required for temporary occupation and use under Section 45 of
the Land Acquisition Enactment in accordance with a direction made by His Highness the
Sultan in council on ……………………… for a period of ………………………… for
……………………. ( hereby specify the purpose).
All persons interested in the said land or entitle to act for persons so interested
are required to appear personally or by agent before the undersigned on the ………. day of
……….at ………… a.m. at the office of the Collector of Land Revenue , and there to state
the nature of their interest in the land and particulars of any claim to compensation which they
wish to make.
In default of appearance compensation maybe determined ex-parte
Dated at …………….. this ………. Day of ……….. 19 ……….
(Signed) …………………………………
Collector of Land Revenue,
SCHEDULE
District …………………….
Mukim or Township ……………………
Nature and Lot Area of Registered owner or Approximate Area

No. of Title No. Lot recorded occupier required
102
FORM B
THE EMERGENCY REGULATIONS, 1951

( Regulation 35 )
To : …………………………………
………………………………...
………………………………...
Take notice that the virtue of the Powers conferred upon me by Regulation 35 of the
Emergency Regulation, 1951 the …………………………………… set out hereunder is/are
requisitioned with effect from ……………………………...………………………….. for the
use of the …………………………………………………………………………………
Type and location of ……………………………………………………..

……………………………………………………………………………..
……………………………………………………………………………..
delineated in ………………………………………. on the plan endorsed
hereon/annexed hereto.
…………………………….
Menteri Besar‟s Office, Johore, MENTERI BESAR, JOHORE
Johor Bahru.
Dated:
------------------------------------------------------------------------------------------------
FORM C
THE EMERGENCY REGULATIONS, 1951
REGULATION 35
NOTICE OF RELEASE FROM REQUISITION
To: ……………………………
Take notice that ………………………………………………………… (

describe the property )…………………………………………………………………
possession whereof
taken on …………………..………… pursuant to an order made on
……………………………
under Regulation 35 of the Emergency Regulations 1951 , is/are released from requisition
witheffect from ……………………………………………….
(Signed)
……………………………….
MENTERI BESAR,
JOHORE,
Dated: ……………………………..
103
THE ESSENTIAL REGULATIONS PROCLAIMATION
(BMA. G.N. 418/28-3-1946)
Compensation in 46. ( 1 )The compensation payable under this Part in respect

respect of taking of the taking possession of any land shall be aggregate of
possession of land
following sums, t the following sum, that is to say :
(a) a sum equal to the rent which might reasonable be

expected to be payable by a tenant in occupation of the
land, during the period for which possession of the land is
retained in exercise of essential powers, under a lease
granted immediately before the beginning of that period,
whereby the tenant undertook to bear the cost of the
repairs and insurance and the other expenses, if any,
necessary to maintain the land in a state to command that
rent, and
(b) a sum equal to the cost of making good any damage to the
land which may have occurred during the period for
which possession thereof is so retained ( except in so for as
the damage has been made good during that period by a
person acting on behalf of His Majesty or of Government),
no account being taken of fair wear and tear or of damage
caused by war operations, and
(c) In a case where the land is agricultural land, a sum equal

to the amount (if any) which might reasonably have been
expected to be payable in addition to rent by an incoming
tenant, in respect of things previously done for the
purpose of the cultivation of the land, and in respect of
seeds, tillagers, growing crops and other similar matters,
under a lease of the land granted immediately before
possession thereof was taken in the exercise of essential
powers, and
(d) A sum equal to the amount of any expenses reasonably

incurred, otherwise than on behalf of His Majesty or of
Government, for the purpose of the compliance with any
directions given on behalf of His Majesty or of
Government in connection with the taking possession of
the land:
104
Provided that -
(i) in computing for the purposes of sub-paragraph ( a ) of this paragraph

the rent which might reasonably be expected to be payable in respect of
any land, and in computing for the purposes of sub-paragraph (c ) of this
paragraph any amount which might reasonably have been expected to be
payable in addition to rent by an incoming tenant, no account shall be
taken of any appreciation of value due to the emergency; and
(ii) here shall not, by virtue of sub-paragraph ( b ) of this paragraph be

payable in respect of damage to any land a sum greater than the
value of the land at the time when possession thereof was taken in the
exercise of essential powers, no account being taken of any appreciation
in the value thereof due to the emergency.
(2) Any compensation under sub-paragraph (a) of the preceding paragraph shall be
considered as accruing due from day to day during the period for which the
possession of the land is taken in the exercise of essential powers, and be
apportionable in respect of time would be entitled to occupy the land but for the
fact that possession thereof is retained in the exercise of such powers; but this
paragraph shall not operate so as to require the making of payments at intervals
of less than one month.
(3) Any compensation under sub-paragraph ( b ) of paragraph (1) of this regulation

shall accrue due at the end of the period for which possession of the land is
retained in the exercise of essential powers, and shall be paid to the person who
is then the owner of the land.
(4) Any compensation under sub-paragraph ( c ) of paragraph ( 1 ) of this

regulation shall accrue due at the time when possession of the land is taken in
the exercise of essential powers, and shall be paid to the person who
immediately before that time, was the occupier of the land.
(5) Any compensation under sub-paragraph ( d ) of paragraph (1) of this regulation

shall accrue due at the time when the expenses in respect of which
compensation is payable are incurred, and shall be paid to the person by whom
or on whose beha1f those expenses were incurred.
Compensation 47. (1) Compensation under this part in respect of the

Respect of doing of any work on any land shall be payable only if the
Doing of annual value of land is diminished by reason of the doing
On land of the work
(2) The compensation payable under this Part in

respect of the doing of any work on any land shall, in the
first instance be a sum calculated by reference to the
diminution of the annual value of the land ascribable to
the doing of the work, and shall be paid in installments,
quarterly in arrears, to the person who for the time being
105
is entitle to occupy the land.
Any compensation under this paragraph shall be

considered as accruing due from day to day, and shall be
apportion able in respect of time accordingly.
(3) If, at anytime after compensation under the

preceding paragraph, has become payable by
reason of the doing of any work on any land, a
person acting on behalf of His Majesty or of
Government -
(a) causes the land to be restored, so far as

possible, to the condition in which it would
be but for the doing of the work,
or
(b) serves on the person for the time being

entitled to occupy the land a written notice
of intention to discharge the liability for the
compensation by making, not earlier than a
date specified in the notice, payment of a
„lump sum‟ in accordance with the
following provisions of this regulation.
The period in respect of which compensation is payable

under the preceding paragraph by reason of the doing
of the work shall end with the date immediately
preceding the date on which the restoration is
completed or, as the case maybe, the date specified in
the notice.
(4) Where, by virtue of the operation of the last

preceding paragraph in relation to any work
done on any land, the period in respect of which
compensation under paragraph ( 1 ) of this
regulation is payable by reason of the doing of
the work comes to an end, then if, at the
expiration of that period, the value of any estate
or interest which a person then as in the land is
less than it would be but for the doing of the
work, there shall be paid to him, by way of
compensation under this part, a sum equal to the
amount of the said depreciation in the value of
the estate or interest; and the compensation shall
be taken to accrue due at the expiration of the
said period.
(5) As soon as maybe after affecting any restoration
or serving any notice in pursuance of paragraph
106
(3) of this regulation, the person by whom the
restoration has affected or the notice was served
shall cause the fact of the restoration or the
contents of the notice, as the case maybe, to be
published in such manner as he thinks best
adapted for informing persons affected.
(6) In determining for the purposes of this

regulation whether the annual value of any land
is diminished by reason of the doing of any work
thereon, and in assessing any compensation
under this regulation in respect of the doing of
any work on any land, it shall be assumed that
the land cannot be restored to the condition in
which it would be but for the doing of the work.
(7) For the purposes of this regulation, no account

shall be taken of any diminution or depreciation
in value „ascribable only to loss of preasesure Or
amenity.
(8) No compensation under this regulation shall, in

relation to any land, be payable in respect of any
period for which possession of that land is taken
in the exercise of essential powers.
(9) In this regulation -
(a) the expression “annual value” means, in

relation to any land, the rent at which
the land might reasonably be expected to
lot from year to year, if the tenant
undertook to bear the costs of the repairs
and insurance and the other expenses, if
any, necessary to maintain the land in a
state to command that rent; and
(b) the expression “diminution of the annual

value” means, in relation to the doing of
any work on any land, the amount by
which the annual value of the land is less
than it would be if the work had not
been done.
107
Ref. CLM. 429/55/5
REGISTRATION
MINORS
Difficulties have arisen in regard to the capacity of minors to own land and to deal in
land under the Land Enactment in relation to certain other laws, which affect property and the
capacity to contract.
2. The position is complex and anomalous but the following instructions will be followed
as working rules:
(a) DEFINITION OF MINOR
For the purpose of this Circular “minor “ means
(i) In the case of a person professing the Muslim religion, a person under 18
years of age.
(ii) In the case of any other person, a person under 21 years of age.
(b) CAPACITY OF MINOR TO OWN LAND
A minor can be registered as proprietor of land, e.g. by virtue of a transfer in

which he is the transferee. Nevertheless no minor will be registered as proprietor
on alienation of StateLand. Thus the principle laid down in I.L.O. 2 (iv)
continues in force but its application is modified by the definition of minor stated
above.
(a) CAPICITY OF MINOR TO DEAL IN LAND
A minor cannot deal with land in respect of which he is a registered proprietor,

nor can anybody else do so on his behalf except under
(i) Statutory authority, e.g. Section 68 Land Enactment.

(ii) An Order of Court.
(b) SUCCESSION SMALLL ESTATE
No minor will be registered as proprietor of land in succession to a deceased

proprietor in distribution of a small estate. The share of a minor beneficiary will
be registered in the name of a trustee and the Collector will lodge a caveat to
protect the interest of the minor. The date of birth or approximate age of the
minor will be stated in the caveat. This procedure is intended by Section 8 (iv)
ofthe Small Estate Enactment No. 8/36 and it will be mandatory under section
13(2) of the Small Estates Ordinance (F.M. 34/55) when that ordinance is
brought in to force in Johore.
108
(c) Land registered in the name of a trustee on behalf of a quondam miner maybe
vested in the beneficiary on attainment of majority by transfer by the
beneficiary, or, if that is not possible by an Order on the application of the
beneficiary under section 42 Land Enactment.
3. Any difficulties, which may arise in implementation of these instructions, should be

referred to the Commissioner.
4. C.L. & M. Circular No. 6/40 is hereby cancelled.
Sgd: S. Angus
JOHORE.
Johor Bahru,
15th April, 1956
Distribution:
C.S. (3) L.A.
109
Ref: No 9 in CLM. 13/53.
VALUATION
STAMP DUTY
A suggestion has been made that all transfers of land presented for stamping should be
referred to the Land Office for a valuation of the land before they are accepted by the Stamp
Office. The reason for this proposal is that in view of the use made of the evidence of transfers
for valuation proposes it is important that this documents should show the proper value of the
land. It is considered that this proposal misconcieved and that some explanation on the matter
maybe of assistance to land officers.
2. TRANSFERS AS EVIDENCE OF VALUE
The evidence of transfers is used for valuation purposes as prima facie evidence of
market value not of the opinions of Land Officers as to what the value should be. If a transfer is
stamped on a valuation, not on the consideration stated, that is a fact which reduces the
cogency of the transfer as evidence of market value although of course it may be of some
relevence that the parties acquiesced in the valuation for purposes of stamp duty.
3. It is well known that the consideration entered is often not the true consideration. There
is a tendency to understate it in order to avoid payment of duty and there are occasions when
for some ulterior purpose it is overstated. The fefeat these partices in the cases in which
government needs to determine value is to maintain efficient lot records of all transections for
valuation purposes. The cumulative evidence thus obtained is more cogent evidence than any
particular transaction or any opinion of a particular individual. The methods necessary to
establish and maintain such records are being considered.
4. BASIS OF CHARGE FOR STAMP DUTY ON TRANSFERS
(a) DEFINITION OF “DUTY STAMP”
“Duty stamped” is defined in section 2 or the Stamp Ordinance. The elements

are that the instrument is stamped in the prescribed manner and with stamps of
not less than the proper amount.
(b) TRANSFERS ON SALE
The basis of charge is prima facie the consideration stated by the parties in the
transfer (section 4 and First Schedule Item 32(a) ). This does not apply if the
consideration stated does not amount to valuable consideration, i.e. the transection
appears to a confer a substantial benefit on the purchaser. In such a case the basis of
charge is the value of the property (section on 16(1) & (3) ).
(c) TRANSFERS BY WAY OF GIFT OR SETTLEMENT INTER VIVOS
110
The charecteristic of transfers in this category is that there is no bona fide
monetary consideration for value received. The basis of charge is the value of the
property (section 16, and in the case of settlements, First Schedule Item 69).
(d) TRANSFERS FOR NOMINAL CONSIDERATION
There are certain types of special purpose transfers, e.g. those referred to in
section 16(4) which are not chargeable with ad valorem duty. It is usual to state
a nominal consideration in such transfers and they are liable to nominal duty of
RM5.00 only. Thecharecteristic of this type of instrument is that beneficial
interest in the property does notpass (cross transfers between co-owners of land
to effect a partition are such a case. See first schedule see Item 56).
5. RESPONSIBILITY FOR ASSESSMENT OF STAMP DUTY
The responsibility for deciding whether or not any instrument is duly stamped rests
with the Collector of Stamp Duties and from his assessment on appeal lies by way of
case stated to the High Court under section 39 of the ordinance. The fact that an
instrument has been presented at a Stamped Office and that the stamps thereon have
been cancelled does not raise a presumption is raised only by the Collector‟s certificate
endorsed on the instrument under section 37.
6. REFERENCE BY COLLECTOR OF STAMP DUTIES TO LAND OFFICE
There is no justification for the stamp Office refering as routine every transfer of land to
the Land Office for valuation. In general Stamp Office may be expected to make such
erferences.
(a) In cases where the prima facie basis of charge being the consideration there is
reason to doubt the expressed consideration.
(b) In all cases where the prima facie basis of charge is the value of the land.
In making an adjudication as to duty payable on the basis of value the Collector of Stamp
Duties is not bound to accept a Land Office valuation of the land concern. The High Court held
in K.L. Civil Appeal No. 10/50 that the opinion of a collector of Land Revenue on value for
purpose of stamp duty is admissible evidance but that it is not binding on anybody (including
the Collector of Stamp Duties) and it is open to criticism as to its cogency, e.g. by other
evidance which may be adduced by the parties to the Collector of Stamp Duties.
7. INSTRUMENTS NOT DULY STAMPED – IMPOUNDING BY LAND OFFICES
A Collector of Land Revenue is a “person in charge of a public office” within the

meaning of section 51(1). He has a duty under section 51-53 of the Ordinance to exmine
instruments produced to him in the performence of his function, e.g. instrument presented for
registration, and if it appears to him that an instrument is not duly stamped he must reject it,
impound it and send it to the Collector of Stamp Duties for consideration. (When fowarding the
instrument the reasons for the action taken should be stated). These section are mandatory but
discretion as to whether action under them is necessary in any particular case should be
exercised reasonably.
111
8. In general a Collector of Land Revenue would be expected to impound transfers in any
of the following circumstances :
(a) TRANSFERS ON SALE
If on his knowledge the consideration stated does not amount to valuable

consideration and the transfer appears therefore to be chargeable under section 16.
(b) TRANSFERS BY WAY OF GIFT INTER VIVOS
If the transfers does not bear a certificate of adjudication under section 37 since by
section 16(2) no such transfer shall be deemed to be duly stamped without such
endorsement.
(c) TRANSFERS FOR NOMINAL CONSIDERATION
If it is not evident from the transfer it self or other documents presented with it that
it is liable only to nominal duty, e.g. as a case section 164(4), and the transfer does
not bear a certificate of adjudication under section 37. (Difficulties have recently
arisen in a number of such cases at the State Registry where in transfers of
obviously valuable land a nominal consideration of RM5.00 is stated and the
instrument is stamped with a duty of RM5.00, no indication being given in the
instrument as to the nature of the transection and there being no adjudication
certificate. Such transfers should be rejected and impounded.)
9. ADJUDICATION CERTIFICATE
Land Officers cannot go behind a certificate by the Collector of Stamped Duties

endorsed on an instrument under section 37 and no instrument so certified can be rejected or
impounded under section 51-52 of the Ordinance.
S. Angus
COMMISSIONER OF LANDS AND MINES
JOHORE.
Johore Bahru,
16th April, 1956
Distribution :
All C.L.Rs. (2 copies)
The Deputy Collector of Stamp Duties, Johore.
The Chief Surveyor (3 copies)
112
CLM. 120 / 56 / 9
C.L. & M. CICULAR NO. 9 OF 1956 ( <> )
MALAY RESERVATION : RACIAL QUALIFICATION
1. Cases have recently arisen in which application for Land within Malay reservations have
been made by person who, although speaking Malay and professing the muslim religion, are
doubtfully of true Malay stock. Particular instances which have so far come to light have
concerned persons of Arabic birth or extraction but is conceivable that other racial elements
are also involved.
2. In order to assist Collectors who receive such applications, or who otherwise need to decide
whether any particular individual qualifies as owner, chargee or lessee under the Malay
Reservations Enactment, the following opinion by the Legal Adviser, Johore, is circulated :-
“ The Malay Reservations Enactment, 1936, defines “ Malay “ as a person :-
(a) belonging to the Malay or any Malaysian race,
(b) who habitually speaks the Malay or any Malaysian language, and
(c) professes the Muslim religion.
The Enactment therefore impose a test of race, and so goes further than old
clause 124 of the Federal of Malaya Agreement, which defined a Malay as a
person who habitually speaks the Malay language, professe the Muslim
religion, and confirm to Malay custom.
The critical test is, therefore, ( a ) above, and I would define a Malay or
Malaysian race as one indigenous to the Malay peninsular and archipelago:
a definition which would exclude an Arab Community if that community
is still racially identifiable as such, i.e., if it has nor been subject to such
miscegenation with stock as to lose its distinct Arab characteristics. “
Sgd : K.A. BLACKER

JOHORE.
Johore Bahru,
4th. June, 1956
Distribution:
All C.L. Rs ( 2 copies each )

All A.D. Os of Sub-districts
Hon‟ble Legal Adviser , Johore.
113
Ref. CLM. 710/54/6
C.L. & M. CIRCULAR NO. 10 of 1956 ( XX)
RIGHT OF WAY UNDER SECTION 6, L.E.
When an application for right of way is received the Collector should ask Commissioner‟s
authority under Section 6 ( ii ) Land Enactment to hear the application. The Commissioner if
satisfied with the ground of application, will authorise the Collector in the following form :-
THE LAND ENACTMENT ( No. 1 )

Section 6 ( ii )
AUTHORISATION TO COLLECTOR
I, ...................................................................... Commisioner of Lands and Mines, hereby

authorise .................................................................... Collector of Land Revenue for the District of
.................................................................................. to consider and determine an application by
the person ( s ) named in the First Schedule hereto, being the proprietor ( s ) / Occupier (s
) of the land described therein for a right of way under Section 6 or the Land Enactment over
the land described in the Second Schedule hereto.
Given under my hand at Johore Bahru , This ...................... day of ..................... 19 .............
FIRST SCHEDULE
District........................................................
Mukim .......................................................
Name of Application LAND OWNER OF OCCUPIED
Title or A.O. Lot
Form No. No.
114
SECOND SCHEDULE
District........................................................
Mukim .......................................................
Title or A.O. Lot Registered proprietor or
Form No. No. Approved Occupier
The Collector should prepare the form in duplicate ready for the Commissioner‟s signature on
the Land Office file.
Sgd. K A Blacker
JOHOR BAHRU.
Johore Bahru
Distribution

115
Ref: No. in CLM. 399/56
C . L . & M . CIRCULAR NO. 11 OF 1956
PROSECUTION FOR ILLEGAL OCCUPATION OF STATELAND
Reproduced below is the copy of an instruction issued to his staff by the C.L.R. Batu
Pahat. This instruction sums up the principles which should be borne in mind by prosecuting
officers and the procedure which should be followed.
2. It is now circulated for the information and assistance of all Land Officers. C.L. Rs and
other officers are expected to exercise proper diligence in the preparation for and conduct of
proecutions.
“The groups of charges for illegal occupation of StateLand have recently been
prosecuted in the Magistrates Courts at Batu Pahat and Yong Peng. The accused who
pleaded guilty were in one group fined $100.00or 20 days imprisonment and in the
gropu $10.00 or 4 days imprisonment.
“2. Both these group of cases involve illegal cultivation on very hilly land with
consequent danger of soil erosion. In fact the cases in which the accused were fined
$10.00 were perhaps more flagrant than those in which the accused were fined
$100.00. The widely different sentences given by the Magistrate could only be due to
the facts being badly presented by one or both of the financial status of the accused, and
in fact those who were fined $10.00 intended to spend a considerable amount of money
on planting the illegally occupied area with rubber.
“3. All A.C.L.Rs should note that when it is decided to bring a prosecution under the
land Enactment the cases must be carefully prepared by the Prosecutor, who should take
statement from the Settlement Officer, Agricultural Officer, Foorest Officer, or whoever
else is required to give evidence. When the accused plead guilty the Prosecutor should
ask the Magistrate to permit him to call such evidence as in required to assist in
assessing the gravity of the offence and the financial standing of the accused It is not
reasonable to except a Magistrate to be able to asses sentence on a bald and brief
statement of the facts.
“4. Cases of illegal occupation of StateLand are particularly serious when permanent
damage is done to the land, for instance when the protective vegetation is removed
from steep slopes. It can, if necessary, be proved by the calling of the Penghulu that no
one in the District should be unaware that occupation without permission by the
Collector of Land Revenue is an offence and that many warnings on the subject have
ben given.
“5. It is the duty of all Prosecuting A.C.L.Rs. to see that the Magistrate has sufficient
information to deal with cases properly just as much when they involve illegal
occupation of land as when theft or damage to othe types of property is concerned.
116
“6. It is also the duty of all Prosecuting A.C.L.Rs. to report the result of any case to
the Collector well within the time limit of 10 days which is laid down in Section 307 ( i
) of the Criminal Procedure Code so that notice of appeal against sentence may be lodge
if thougt necessary
Sgd. K A Blacker
JOHOR BAHRU.
Johore Bahru
24th December, 1956.
Distribution

117
Ref: No. 32 in CLM. 684/54
C . L . & M . CIRCULAR NO. 1 OF 1957 ( XX )
CHARGES OF LAND TO SECURE OVERDRAFTS
It has recently come to notice that a Collector of Land Revenue accepted for registration
against an E.M.R. a Charge substantially in Form III of Schedule P, i.e. one intended to secure
the repayment on demand of a Bank Overdraft.
2. I am advised that such a Charge is not substantially in either of the Forms contained in
Schedule K (III) which are expressly provided by Section 48(i) for the registration of charges
against E.M.R. The importation into the form Charge of a provision for repayment on demand
is not ”such variation as the Collector may permit” as it offends against Section 52(i). Further
more, the amount covered by the charge is not already lent and ascertained as the time of the
giving of the charge. It is described as “up to $ …………../=”.
3. It is incumbent on Collectors to reject any charge of this nature. Any proprietor of land
under E.M.R. who wishes to charge his land in this way has his remedy in Section 36 (ii). By
this Section he may exchange E.M.R. for grant title against which a charge in Form III of
Schedule P be registered.
Sgd: K.A.BLACKER
JOHORE.
Johor Bahru,
17th August, 1957
Distribution:
118
Ref : CLM . 341/50/12
C . L . & M. CIRCULAR No. 2 of 1957 ( XX )
EXTRACTION OF TIMBER FROM LAND BEFORE ALIENATION
The terms of Instruction 10 of the 1936 I.L.Os, are not sufficiently precise to be of real
value and the directive ( 2 ) in CLM. 341/50 is perhaps too rigid to be practicable. In future
therefore the following procedure will be observed .
2. Forest products are a great economic asset to the State and, in protecting State interests
in areas of State Land Forest about to be alienated, the Forest Department has three particular
needs :-
(a) To preserve access not only to Forest Reserve but also to other areas of StateLand
jungle.
(b) To protect the rights of existing Forest Licences so that they may work out the
period of the licence or alternatively accelerate their working.
(c) To know of projected alienations in time to arrange for the extraction of all
valuable timber either by issue of new licences or by diversion of contractors
from other areas.
It is therefore essential that there should be close liaison between Land Offices and the Forest
Department.
ALIENATIONS WITHIN THE COMPETENCE OF THE C.L.R ( UNDER I.L.O. 4 )
3. Settlement Officers when inspecting lands under application will in all cases liaise with
the Forest Ranger in charge of the lacality. The Ranger will then indicate whether there is any
Forest “interest” in the land or not. If no Forest interest is disclosed then the C.L.R. may proceed
to alienate, if he so decides, without further consultation with or notification of the District
Forest Officer.
4. When the Ranger indicates that a Forest interest exists the Land Office procedure will
vary according to the category of interest disclosed :-
(a) Preservation of Access. The District Forest Officer will be consulted in all cases so
that agreement can be reached once and for all upon the reservation of an
access. Thereafter the C.L.R may deal with applications within that area as in
para 3.
(b)&(c) Extraction of timber under Licence or otherwise. The C.L.R if he decides to

alienate will notify the District Forest Officer that, unless he receives
representation to the contrary, he will alienate the land within ............... month,(
a period of, say, from 1 to 3 months as may appear reasonable in the
circumstances ). The Forest Department will normally make no objection but the
period of notice will enable them to clear the area or - if special circumstances
exist - will enable them to address the C.L.R. with a request for postponement.
119
ALIENATIONS REQUIRING REFERENCE TO C . L . & M OR H.H. IN COUNCIL.
5. In all cases which require reference under I.L.O. 4 (ii) and in all cases of alienation on
grant title the C.L.R will expressly state whether any forest interest is disclosed or not. Where
any such interest is disclosed the C.L.R will consult the District Forest Officer in every case and
will in his formal letter of recommendations quote the views of the District Forest Officer.
Sgd : ( K.A. Blacker )

JOHORE.
Johore Bahru,
21st August, 1957
ALL C.L.Rs ( 2 Copies )

ALL A.D.Os of Sub - Districts
C.S. ( 4 ),
Hon‟ble L.A.
120
C. L. & M. CIRCULAR NO. 3 OF 1957
RE –ORGANISATION OF LAND ADMINISTRATION

IMPLEMENTATION OF “FELTEAD RECOMMENDATIONS”
No major re-organisition such as the complete separation of Land Offices from District
Offices and the setting up of a distinct Lands Department is possible until the Emergency
situation is such that C.L.Rs. can be relieved of all security duties and that calls upon Lnad
Office staff for extraneous duties can be avoided.
2. An assurance has, however, been given in the State Legislative Council that durng 1958
improved office procedures shall be introduced as expeditiously as circumtances permit. The
principle of piecemeal chang must be accepted – a logical continuation of the action already
taken by which the whole system of revenue collection has been recast.
NEW SYSTEM OF FILE REGISTRATION
3. Directives upon the introduction of new procedures will be issued as a separate series of
“Re-organisation Intruction” the first of which will appear in afew days time: its subject will be
the revision of the system of registration of correspondence and file movement. Although this
instruction will be base on Appendices XVI and XVII of Urwick Orr Repot No.17 further
experience with what is there referred to as the “Johore Bahru System” has shown that
modification is very desirable, involving in some respects elaboration and in other
simplification. A supply of foolscap note books suitable for use as registers has been dispatch to
all Land Offices and sub-Offices. These and the Instruction itself should be in the hand of
C.L.Rs. on or before 13.12.1957
4. The actual physical work involved in a change from the present system of a single
correspondence register to one in which several are used is no great and it hoped that even
without notice no office will experience any real difficulty in adopting the new system with
effect from 1st January 1958, some degreeof delay and uncerranly will, if necessary, be accept
for the first few day. The first essential is trhat the present “omnibus” correspondence register
should be abandoned except as a movement record for already existing files : no new entries in
it are ta be made after 31.12.1957
ORGANISATION OF LAND OFFICE “SECTIONS”
5. As a necessary prelude to the introduction of this new system of file registration each
C.L.Rs., however must forthwith prepare a “shadow” organization on a functional basis as
indicated in Appendices IV and V of the above Report No. 17. The term “shadown” is used
designedly because until more far-reaching reforms are undertaken , e.g. the use of Action
Sheets and Progress Cards ( p. 19 of Report 17 ) there is likely to be little advantage in a
complete physical re-organisation of the office and a final allocation of staff to “section” : so
long as the actual Land Office work continue to be restricted almost exclusively to files opened
before 1958, C.L.Rs. may well prefer to complete as much action as possible according to
existing routines. To enable the new File Registers to be opened no more is required than that
an experience clerk be appointed to assume immediate charge of teg “shadow” section and of
its registers and that each A.C.L.R. should be informed of the specific function or function (
Development, Enforcement, etc., etc. ) allotted to him.
121
6. The section to be established are :-
I. GENERAL
Function : As listed Appendix IV item A,B,C,D, viz, Planning Developemen,

Enforcement and Valuation - subject to any modifications
fied in later Instructions.
Officers: (i) To be in the charge of “A.C.L.R. ( Land use )”. This will
normally be the present 1st A.C.L.R. as the most
experience Land Officer for the largest and busiestsection.
( ii ) Junior A.C.L.Rs to discharge subordinate function.
( iii ) The “General Clerk” in charge will have the majority of

the Registers to attend to: he should also maintain the
oldCorrespondence Register as a movement record. The
present “Correspondence Clerk” will presumable be a first
choice. Later, the present Chief Clerk may have to take
over.
II. REGISTRATION, RECORDS & CLAIMS
Function : As listed in Appendix IV item E and F
Officers : An experienced A.C.L.R and Registration Clerk.
III. FINANCE & ADMINISTRATION
Function : As in item Hof Appendix
Office : Clerk in Charge
V SETTLEMENT
The existing Settlement Officers remaining under the Charge of the Senior Settlement
Officer.
7. C.L.Rs will no doubt find the Table prepared by Mr. Feltead in Appendix XII Part 3-10
os assistance to them, chiefly as showing how one officer may be allocated two, three of four
specified function where staff shortages so require : with the present distribution of officers and
the continued existence of some sub-offices it is clear that the tables cannot be adopted ad they
122
stand. Sub-officess cannot, of course establish separate “Section” but they must adopt the new
system of File Registers.
FURTHER RE-ORGANISATION
8. Owing to the need for obtaining further equipment and for the printing of additional
covers and forms, it is not expected that the rationalsation of the procedure for alienations,
sub-divisions and acquisitions outlined on page 19 of Report 17 can be introduced for several
weeks – at the earliest in February. In the meantime only minimum work on new land
applications and sub-divisions will be carried out : detailed directions on this matter will be
given in the Instruction. This partial suspension of land activities will provide a breathing space
during which the full section organisationcan be built up and the staff familiarized with the
new routines. In view of the volume of existing arrears to be cleared there will be no difficulty
in finding employment for all officers. So far as possible C.L.Rs should concentrate on
disposing of matters which are approaching completion so as to reduce the number of files to
be carried on the old Correspondence.
Sgd : ( K.A. Blacker )

JOHORE.
Johore Bahru,
26st Decenber, 1957
123
Ref. No. 73 in CLM. 572 / 49 - B
REVISION OF RENT ON DECLARATION OF A TOWNSHIP
Collectors in two districts have enquired whether Country Land newly included in a
township or Village is hereby subject to a revision of rent from Country Land rates to town &
Village rates by virtue of land rule 13A ( i ).
2. The answer is “No”. land Rule 13A ( i ) and B ( iv ) in their present form were
introduced as an integral part of the 30 year Rent Revision under the provisions of Section 4
Land Enactment carried out with effect from 1. 1. 52. All Country lands which since that date
have, by virtue of a notification under Section 14 of Land Enactment, became included in the
area of a Township or Village will have already experienced one revision as CountryLand on 1.
1. 52 and cannot later be made subject to a further upward revisions as TownLand.
Sgd: ( K. A. Blacker )
JOHORE
Johore Bahru ,
7th April 1958

124
Ref : No. 43 in CLM. 581 / 51
C . L . & M. CIRCULAR NO. 2 of 1958( * * )
DEPOSIT ON APPLICATION FOR PROSPECTING PERMITS
The attention of Collectors is invited to L. N. 19 of 20.1.58 and G . N . 343 of 5.4.58 (

copies attached ).
2. The rate of deposit required to accompany all applications for Prospecting Permits
within Reserved Forests is hereby fixed at $ 5 per acre. Collectors will take no action upon
such applications and take will no reference to the Mine and Forest Departments unless and
until a deposit at that rate for each acre applied for has been made . When final
recommendations are made to the C. L. & M. the amount which had been deposited in respect
of the applications should be stated.
3. Deposit in respect of application already received and not yet considered by Executive
Council should be called for and the applicants should be informed that unless they make the
deposit within a period of one month their applications would be presumed to have be
withdrawn.
Sgd : K. A. Blaker ,
JOHORE.
Johore Bahru,
16 th. April, 1958
Distribution :
All C . L . Rs ( 2 each )
All A . D . Os i/c Sub-districts
Hon‟ble State Legal Adviser, Johore.
125
Ref No. 104 in CLM. 390/52
RESTRICTIONS ON THE PLANTING OF RUBBER
It has been observed that owners of agricultural land cultivated with crops other than
rubber occasionally apply to Collectors for permission to plant rubber and ask for the
imposition of the standard express condition covering yhe planting of approved material. Such
request are sometimes made even though the title contains no express condition prohibiting the
palnting of rubber. The fact that atitle may carry an indication as to the nature of cultivation
does not mean to say that the owner cannot plant anything axcept the cultivation indicated in
this wway. Unless a title has a written express condition upon it for biddng the planting of
rubber the owner can palnt rubber as he pleases and Land Officer have no power either to stop
hom or regulate the nature of the planting material used.
2. If the owner of a piece of land which is free from prohibiting condition applies tp the
C.L.R for the imposition of an express condition requiring the planting of approved material
this may be done since the owner himself has applied. There is, however, no question of
rwfusinf request to paln rubber on title which carry no prohibitory condition however suitable
or unsuitable tha land may be.
Sgd : M.J.T. McCann

JOHORE.
Johore Bahru,
15th. June, 1959
Distribution :
All C.L.Rs ( 2 copies )
All A.D.Os i/c Sub - Districts
Hon‟ble State Legal Adviser, Johore
126
Ref : ( 4 ) in CLM. 635/52/111
R/S FOR AREAS COVERED BY TOWN PLANNER‟S LAYOUT
The Chief Surveyor has pointed out that under the present system it is the practise of
C..L.Rs to foward with their official R/S a copy of the Town Planner‟s Layout and request survey
accordingly. No dimensions are supplied, truncations for road corners are not indicated and
the Survey Office is left to interpret the layout as best it can into terms which the field surveyor
can understand, a process which involves an abnormal amount of scaling from a layout print
which has been in action for some time and is usually quite appreciably distorted, Further, it
frequently happens that layouts or portions of them are revised or amended but, at the time of
submitting R/S , a C.L.R. is perhaps unaware of such amendments of inadvertently over-looks
them, and the unamended layout is forwarded with the R/S. It has happened in consequence
that a lot of drafting work and even a certain amount of field survey has been wasted on
occassion.
2. The problem has been discussed with the State Planning Officer who has aggreed that,
while he is unable owing to shortage of staff to prepare the R/S plans in his office, he is
prepared to check the tracings against the original plans held by him and to insert thereon the
necessary dimensions and any other information which maybe required by the Survey
Department. C.L.rs are therefore asked to note, when submitting R/S in respect of land which is
covered by a Town Planning layout which has been accepted by the Local Authority concerned,
the R/S should be addressed to the Survey Department through the State Planning Officer.
Sgd : M.J.T. McCann

JOHORE.
Johore Bahru,
22nd. July, 1959
Distribution :
127
Ref : CLM. 221/59
C . L .& M. CIRCULAR NO. 3 of 1959
PAYMENTS OF COMPENSATION ON BEHALF OF C.E.B.
The State Auditor recently drew attention ta a case where a Land Office was holding a
considerable sum of money without bringin it into account in accordance with the Financial
Procedure Ordinance. The money was compensation which the C.L.R had been asked by the
Central Elctricity Board to pay on its behalf. C.L.Rs are aware that payments of compensation
due under the Land Acquisition Enactment should be made by them, but compensation payable
by the Central Electricity Board under section 52, 53 and 54 of the Electricity Ordinance ( No.
30/49 ) is not a matter for Collectors of Land Revenue. Collectors should please note, therefore,
that in future they must decline to act as agents of C.E.B. in respect of compensation payments
os the type to which this circular refers.
2. This Circular has been discussed and agreed with the Government of Johor.
Sgd : M.J.T. McCann

JOHORE.
Johore Bahru,
29nd. July, 1959
Distribution :
c.c. Secretary, Central Electricity Board, Kuala Lumpur - for information.
128
Ref : No. 36 in CLM. 410/52
C . L .& M. CIRCULAR NO. 4 of 1959 ( XX )
APPICATIONS FOR STATE LAND

CONTAINING RUBBER
State land containing old rubber is eligible for rubber replanting grants of $ 600 per
acre when alienated. The Commissioner of Lands, Federation of Malaya, advises that such land
should normally be alienated by public auction, and not to individual applicants.
2. Exceptions to this general rule maybe allowed where the applicant himself planted the
original rubber trees or is a decsendent or connection of the original planter.
3. Collectors of Land Revenue are asked to note the above as a general guide when
considering applications for StateLand containing old rubber.
Sgd : M.J.T. McCann

JOHORE.
Johore Bahru.
1st. October, 1959
Distribution :
All C.L.Rs ( 2 Copies )

All A.D.Os i/c Sub-Districts
Chief Surveyor, Johore ( 3 Copies )
129
Ref : No. 53 in CLM. 191/58
C . L .& M. CIRCULAR NO. 5 of 1959
LAND DEVELOPED UNDER THE RUBBER INDUSTRY

(SMALLHOLDERS NEW PLANTING) SCHEME, 1957
Collectors are aware that certain restrictions apply to land developed with grants under
the above Scheme under para. 6 of the Sheme. For the reason it is necessary to impose a slightly
different set of Express Conditions and Restrictions in Interest than in other cases, as follows:-
Express Conditions
1. The land hereby alienated shall be planted solely withrubber trees of the species
Hevea Braziliennsis ( or other species of rubber producing plants ), approved by
the StateAgricultural Officer, and such rubber trees shall be continuously
maintained in a proper manner and according to the methods of good
husbandry.
2. The land hereby alienated shall not be subdivided.
3. The owner of the land hereby alienated shall at all time take such measures to
prevent erosion as the Collector of land Revenue may in his discretion require.
Restrictions in Interest.
1. The land hereby alienated shall not be transfeered or leased unless such transfer
or lease is to a single person. Transfer shall mean and include a transfer between
parties or by operation of law or transmission by operation of law.
2. For a period of ten years from . . . . . . . . . . . . . . . . . . . . .. . . . the land hereby

alienated shall be subject to the provisions of the Rubber Industry( Smallholders
New Planting )Scheme 1957 and while so subject shall not be transferred or
charged or lease without the written consent of the Ruler-in-Council.
As regards Restriction in Interest No. 2, the date to be inserted is the date of payment of
the first instalment under the sceme. This applies even if an advance under para. 10 ( 2 ) of the
Sceme has been given.
2. I suggest that Collectors have a rubber chop made in small letters incorporating all the
above for ease af entry on the documents of title whwn engrossment take place.
Sgd : M.J.T. McCann

JOHORE.
130
Johore Bahru.
26th .September, 1959
Distribution :
All C.L.Rs ( 2 Copies )

All A.D.Os i/c Sub-Districts
Chief Surveyor, Johore ( 3 Copies )
131
Ref : No . 15 in CLM. 191 / 58 - K
C . L . & M. CIRCULAR NO. 1 OF 1960( XX )
SURVEY PRIORITIES
C . L . Rs are advised that following agreement reached at the C . L .RS Conference on

20.2.60 the Chief Surveyor has confirmed that the following system of survey priorities is
acceptable and will be followed by his office :-
1. (i) All aided rural Development Scheme including Land Development

Board , Blacker Plan and Rubber New Planting.
(ii) Alienation or Subdivision for industrial purpose or for low cost

housing in towns and aquisition surveys in town areas.
2. Planned group alienation ( rural ) .
3. (i) First alienation for large estates.
(ii) Government Reserves ( town areas ).
( i i i ) Fringe development ( rural ). ( These will not be undertaken

piece-meal or haphazardly but will be tackled in small convenient
groups as R / S‟s became available ).
4. (i) Goverment Reserves ( rural )
(ii) Aquisition surveys ( rural )
5. New Villages.
6. Mining Leases .
7. Town Sub-divisions other than for industrial or housing development.
8. Rural sub - division.
2. It should be noted that in special cases a particular survey may be advanced in priority
after consultation with the C . L . & M. but so far as possible the above list or priorities should
be adhered to.
132
Sgd : M . J . T McCan
Ag . COMMISSIONER OF LANDS & MINES ,
JOHORE.
Johore Bahru
6 th. March, 1960
Distribution :
All C.L. Rs ( 2 copies )
All A.D.Os Sub - districts
Chief Surveyor , Johore ( 3 copies ) - Your S.S. 262 / 3 of 27. .2. 60

refers.
Hon „ble State Legal Adviser , Johore.
133
C.L. & M CIRCULAR NO. 2 OF 1960 ( XX )
SUBDIVISIONS WITHIN TOWN BOARD AREAS
1. C.L.Rs. are aware that subdivisions within town areas require the approval of the
President, Town Council, concerned. he procedure is laid down in para 3( i ) of C.L. &
M. Circular No. 14 of 1954. It is essential that sub-divisions within town and village
areas should conform to a reasonable plan, wether a town plan exist or not.
2. To simplify the procedure the State Planning Officer has agred that all application for
sub-divisions within town and village areas may in future be reffered direct to him by
C.L.Rs for his comments before they are passed to the town authorities. The Presidents of
Town Board Councils will then be in a position to take into account the State Planning
Officers views when taking action under para 3 ( i ) ( d ) of C.L. & M Circular No. 14 of
1954.
3. C.L. & M Circular No. 14 of 1954, should be amended by deleting para 3 ( a ), ( b )

and ( c ) thereof and substituting the following :-
“ ( a ) C.L.R. refers Land Office file to State Planning Officer who will confirm
that the land affected by the subdivision accords with any approved or
draft town plan, layout or zoning plan or in the absence of such
plans,wether he considers the proposed subdivision suitable and will
suggest amendments if necessary. The State Planning Officer will then
return the file to the C.L.R. who will refer it to the President, Town
Council, concerned for his decision in the light of the State Planning
Officer‟s comments”
Para 3 ( d ) should be renumbered “ 3 ( b )”
Sgd. M.J.T. McCann

JOHOR BAHRU.
Johore Bahru
16th. April, 1960.
Distribution

All President, Town Council.
The Hon‟ble State Secretary, Johore
134
C.L. & M. CIRCULAR NO. 3 OF 1960
ACCESS RESERVES ON SUBDIVISION LAND
135
Ref : CLM. 148/60 - A
C.L. & M. CIRCULAR NO. 4 OF 1960 ( <> )
GROUP SETTLEMENT AREAS - CONSOLIDATED ANNUAL CHARGE
Executive Council at its meeting on 14.9.60 approved as standard policy the imposition
of a Consolidated Annual Charge of RM10 per acre payable from the year of occupation of the
land on smallholdings alienated under the Group Settlement Areas Act 1960, provided these
receive no financial assistance from Goverment. If Executive Council in respect of any a
particular scheme approves a period of deferment before which no charge need be paid (
normally a six year period of deferment would be acceptable to council if C.L.Rs apply for it ) ,
the Consilidated Annual Charge payable at the end of the deffered period will be RM12 per
acre, provided no other form of Goverment assistance has been given.
2. At an annual rate of RM10 per acre the holder will have paid RM150 for one acre at the
end of 15 years. As the total amount payable for premium ( assumed for purposes of the
calculation to be RM60 per acre), survey and land office fees plus rent at the old standard rates
over this period comes to RM140.50, this means that at the end of 15 years the owner will have
completed payment of premium etc., assuming no interest charges. As a standard practise
therefore E.M.Rs should be issued at the end 15 years as this is the form of title which, under
the Group Settlement Areas Act 1960, must be issued any debts have been repaid. If Executive
Council has approved deferred payment of the Consolidated Annual Charge of say, six years,
the charge on that account being raised from RM10 to RM12., the E.M.R. will issued at the end
of 6 + 15 = 21 years. Until the title is issued the owner‟s name will remain on the Register of
Holdings. It should be noted that even after the issued of E.M.R. the restriction on subdivision
would continue to apply.
3. Collectors will appreciate that the above two standard rates of RM10 per acre per annum or
RM12 per acre per annum will not apply when the land has been felled and burnt with funds
loaned by federal Government. The Ministry of Rural Development has calculated that to
recover its money in 15 years from the date repayment commences, the Consolidated Annual
Charge would be about RM22 per acre during those 15 years. It would drop to the standard
RM12 due for a deffered payment scheme, once the Federal Government had been repaid.
4. The standard rates reffered to above are chargeable in perpetuity. The possibility of varying
the rates for land inside Malay Reservations is still undecided. For the time being, the above
rates are of uniform application.
Sgd. ( M. J. T. McCan )
JOHORE.
Johore Bahru,
24 th September 1960
Distribution:
All A.D. Os i/c Sub-districts
Cheif Surveyor, Johore ( 4 copies )
Hon‟ble state Legal Adviser, Johore.
See CLM. 493 for Ex. Co approval
& calculation arriving at the rates
of RM10 & RM12.
136
Ref : CLM. 148/60 - A
C.L. & M CIRCULAR NO. 5 of 1960 ( <> )
LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960
In case Collectors are in any duobt on the subject, the Consolidated Annual Charge leveid
under the Group SettlementAreas Act is to be treated as rent and credited to revenue as such
immediately on collection. Where the scheme is an unsubsidised one and payment begins from
the time of occupation Collectors should be receiving RM10 per acre per annum and crediting
to revenue forthwith. Where the scheme is a subsidised one including RM12 per acre per
annum as the state element of Consolidated Annual Charge plus an additional sum due as
repayment to the Federal Goverment for loans to clear land under contract, the whole
Consolidated Annual Charge, i.e. including both State and Federal element will still continue to
be credited straight to State revenue as rent. Repayment to the Federal Goverment will be made
by suitable adjustment probably throuh raising a vote in the State Estimates for the repayment
of Federal loans, but this problem will not arise until the end of the 9 year deferment period.
Repayment of survey fees will be similarly dealt with.
2. Section 25 of the Land ( Group Settlement Areas ) Act lays down the implied conditions and
obligations which settler must follow. Where the scheme is asubsidised one there will be a
supervisor to tell the settlers what planting and other instruction they are to follow, but where
the scheme is unsubsidised it is the Collector, as the section states, who is responsible for seeing
that the settlers know what they have to do at the time they enter on the land, i.e. if the small
holding is for rubber in an unsubsidised scheme, the Collector must tell the settlers at the outset
the kind of rubber they must plant and way they plant it. This can be best done by giving each
settler ( in Malay if the settler is a Malay ) a copy of the standard special conditions applied to
smallholders rubber; if the smallholding is other than rubber the special conditions applying to
that particular type of smallholding could be issued in writing to the settler. There is no
objection to imposing the standard speacial conditions to the E.M.R. title when it is issued but
this will only be some 15 years after the land has been entered and meanwhile the settlers must
have no excuse for not cultivating properly a suitable crop. The “ appopriate Crop “ refferd to
in section 25 is the one which is gazetted under section 5 of the Act, and settlers must be told
what this is. Otherwise they may enter on land which has been gazetted for rubber and plant it
with cocunuts and maintain that they have never seen the Gazette or been told of the nature of
the crops they should plant. It is the responsibility of Collectors to explain these matters to the
settlers.
JOHORE.
Johore Bahru,
17th. December 1960
Distribution:
137
Ref : No. 12 in CLM. 728/60
C.L. & M. CIRCULAR NO. 1 of 1961 ( * * )
LAND ( GROUP SETTLEMENT AREAS ) ACT, 1960

CONSOLIDATED ANNUAL CHARGE - MALAY RESERVATIONS
The Johore State Executive Council meeting on 7.12.60 and 8.2.61 has given the following
direction with regard to the imposition of Consolidated Annual Charge under the Group
Settlement Areas Act within Malay Reservation : -
(a) Where the scheme is subsidised by Government and a determent period allowed
for payment of the Consolidated Annual Charge, the usual consolidated whole
element of subsidy has been recovered. There after the annual charge will be
reduced to RM6 per acre.
(b) Where the scheme is unsubsidised but a determent period of 9 years has been
allowed before any Consolidated Annual Charge is payable, the annual charge
will be at the rate Rm6 per acre.
(c) Where the scheme is unsubsidised and payment begins from the first years of
occupation, the Consolidated Annual Charge will be at the rate of RM5 per acre.
2. As regard ( a ), this means that the State element at RM12 per acre per annum will be
imposed at the end of 9 years determent period for 15 years during which repayment
continues, together with the Federal element whatever it may be ( depending on the cost the
contract for felling and burning ), which is also repayable over 15 years at the end of the 9
year determent period.
3. C.L. & M Circular No. 6 of 1960 is hereby cancelled.
JOHORE.
Johore Bahru,
12th. February, 1961
Distribution:

138
Ref : No. 40 in CLM.. 148/60-A
Ref: No. 24 in CLM. 620/54
ACCESS RESERVES ON SUBDIVIDED LAND
The Chief Surveyor has been giving further consideration to the problem of the sitting of
accesses on subdivided land. He has agreed to make arrangements in future whereby the sitting
of such accesses shall be a matter for inspection by officers of his department. Approval of sub-
division by the C.L. & M. will be made subject to such amentments as the Survey Department
may require the sub-dividers to make for acces purpose.
2. In view of this development C.L. & M. Circular No. 3 of 1960 should be treated as
cancelled. Inspections by Settlement Officers are no longer required, but acces reserves will
continue to provided for on subdivisional plans.
Sgd. M.J.T. McCann

JOHOR BAHRU.
Johore Bahru
1st. April, 1961.
Distribution

All Gazetted Licensed Surveyors for Information.
139
Ref: No. 55 in CLM. 503/51
C.L.& M. CIRCULARS NO. 3 OF 1961 ( <> )
NOTICE UNDER SECTION 4 OF LAND ACQUISITION ACT. 1960
At the conference of Commissioners of Lands and Mines held in Kuala

Lumpur on 1.6.6 1 it was pointed out that Land Officers in some States are issuing
notices under Section 4 (Form A) of the Land Acquisition Act 1960 where a
declaration under Section 8 only would be sufficient. This has not happened in Johore
but for the information of Collectors I explain below the significance of the provision
under Section 4 for notice in Form A as opposed to the declaration under Section 8
(Form D):
2. A notice under Section 4 is only required to be made when the acquiring

authority is not certain of the approximate area of any lot, or of the lots to be
acquired and when investigations on the suitability of such lots will have to be made
prior to acquisition. A notice under section 5 any public officer to enter upon any
land described in the notice and to do such work as maybe specified therein. Another
advantage in publishing the notice under Section 4 is that the values of lands in that
locality, if such lands are subsequently acquired within a period of six months after
the publication of notice under section 4 are taken as on the date of publication of the
notice under section 4, vide S.1 (1)(a) of the First Schedule. When areas of land to be
acquired are known and there is no need for any investigations to be made there is no
necessity to publish a notice under S.4. All that is necessary is to declare the areas
required under S.8.
3. It will be observed that the provisions of S.4 and Form A stipulate “any land in
any locality” and “in the locality “ described in the Schedule hereto, including those
lands, if any, specified by lot number or by the lot numbers of neighboring lands,
respectively. It is therefore not necessary for the lands to be described by their lot
numbers. It is sufficient if lands likely to be needed are merely described by the
locality in which they are situated or by quoting the lot numbers of the lands
surrounding the area likely to be needed. If such description is used for the notice
under S.4 it will obviate the necessity for Commissioners to quote every lot which is
likely to be needed for this purpose and thereby save much time, labour and printing
space. It is also considered that if any particular lot is not included in the schedule it
would be necessary for the schedule to be amended, as otherwise the investigating
officers will have no right of entry upon such lands.
4. As illustrations, if certain lands are likely to be needed to the purpose of

widening of a road reserve but it is necessary for the officers of the P.W.D. to make
investigations to determine the most suitable alignment for the widening, it would be
sufficient if lands are described thus:“Those lands lying within 2 chains and each side
of the centre line of the Kuala Lumpur - Ipoh road between the 11th and 20th
milestones thereof‟. However if any of the lands are likely to be needed for an
industrial site of an area of 100 acres and it is necessary the suitability of the lands
within a certain locality it would be sufficient if the lands are described thus : “All the
lands situated at Bukit Angin and bounded on the north of lots 1, 2, 3 and on the east
by lots 151, 152, 154 and the south lots 234,235 and on the west by lots 786, 787,
140
788”.
Sgd: (M.J.T. McCann)

JOHORE.
Johore Bahru,
3rd. June 1991
Distribution:

All A. D. Os i/c Sub - districts
Chief Surveyor, Johore (4 copies)
141
Ref : No. 18 in CLM. 35 / 59
C.L. & M. CIRCULAR No. 4 of 1961 ( X X )
T.O.Ls FOR STREET STALLS
It has been decided that, as the sitting and number of Street Stalls is a matter which
directly concerns the Local Government Authorities, no. T. O. Ls for such stall should be
approved in future without prior reference to the Committee on Local Government.
2. Collectors are therefore requested to forward all applications for T. O. Ls for street stall
to the Assistant Secretary Local Government, for submission to the Committee on Local
Government. Only after the Committee ha s indicated that it has no objection to the street stall
as such, should the Collectors consider whether or not to grant a T. O. L. If in fact the
Collector considers that the T. O. L. should not be granted for reasons of land policy he should
indicated this when fowarding the application to the Assistant Secretary, Local Government.
Sgd : ( M. J. T. McCann )
JOHORE
Johor Bahru,
26th June 1961
Distribution : All C.L.Rs ( 4 copies each )

All A.D.Os of Sud-District.
Copy to Chief Surveyor, Johor.
Hon‟ble State Legal Adviser, Johore
Asst. Secretary, Local Government.
State secretariat, Johore.
142
Ref: No. 67 in CLM. 503/51
C.L.&M. CIRCULAR NO.5 OF 1961 (<>)

THE LAND ACQUISITION ACT. 1960
POSSESSION OF PREMISES ON ACQUIRED LAND
Section 20 of the Land Acquisition Act provides that where a Certificate of Urgency has
been issued under section 19 the Collector shall upon taking formal possession as provided in
section 22 of the Act. (i.e. by the service of a notice in Form K), serve notice in Form J upon the
occupier of any building there maybe on the land requiring him to vacate the building within
such period not exceeding 60 days from the date of the notice as maybe specified therein.
2. Once the notice in Form J. has been issued the Collector is obliged to secure vacation of
the building affected within the prescribed period; if it is not vacated within this time he must
take action under section 63 of the Act. It may happen however, that the Government is
proposing to offer alternative accommodation to persons obliged to vacate buildings on
acquired land and is willing to permit them to remain in occupation until such accommodation
is available which may well take more than 60 days. Collector should therefore be careful to
see, where action is being taken under sections 19 and 20 in respect of occupants to whom
alternative accommodation will be offered, that they do not issue notices in Form J until they
are certain that such accommodation will be available within such period not exceeding 60
days from the date of such notice as maybe specified therein.
3. Collectors are, however, reminded that a notice in Form J. must also must served on the
owner of the building as provided under section 20(b). The procedure on taking possession of
the building when the owner accepts or rejects the offer of compensation under section 20 is
provided under section 21. Collector must therefore ensure that where the owner of a building
does not accept an officer of compensation the procedure outlined in section 21(2) must be
strictly complied with.
t.t.
(M.J.T. McCann)
JOHORE.
Johore Bahru:
11th September 1961
Distribution:
All C. L. RS (2 copies)
143
C.L. & M CIRCULAR NO. 6 of 1961 ( <> )
COLLECTION OF CONSOLIDATED ANNUAL CHARGE IN

GROUP SETTLEMENT AREAS
This Circular deals with two matters :
(i) Collection of Consolidated Annual Charge prior to occupation where no

determent has been permitted.
( ii ) Action on default of payment of Consolidated Annual Charge in subsequent

years.
The Circular is primarily intended to explain in position with regard to unsubsidised Group
Settlement Areas but applies equally well mutatis mutandis to Group Settlement Areas being
Developed by the Federal Land Development Authority and subject to different rates of
Consolidated Annual Charge.
Collection Prior to Occupation
2. When applicant has been selected by selection Committee and the list of selected applicant
approved by His Highness the Sultan in Council on the basis that RM10 per acre per annum is
payable from the year of occupation Collectors should issue a notice to each approved
applicant in the following form:
“ You are hereby notified that your application for land in the ................................ Group
Settlement Areas has been approved. You will be permitted to occupy the
.................................. acre plot selected for you on payment of a Consolidated Annual
Charge of RM10 per acre = RM................................. This sum must be paid at the office
of the Collector of Land Revenue not late than .............................. If payment is not
receive by that date it will be assumed that your application has been withdrawn. Your
name will be automatically deleted from the list of approved applicants and the land
will be allotted to some one else.”
The notice should be in both English and Malay. The period given in the notice should be one
month. If a name is struck off for non-payment within the period allowed the land should be
allotted to the next person in order of priority on the list considered by the Selection
Committee. If there are no names left over from the original list the Ketua or person in charge
of the group occupying the area should be consulted to put forward names of alternative
applicants when the rest have settled on the land.
Action on Default
4. Section 21 of the Land ( Group Settlement Areas ) Act 1960 lays it down that a
Consolidated Annual charge becomes an arrear on the first day of June in any year if
not sooner paid. Collectors must check through their card system of holdings which are
in arrears on 1st June and take action to serve notice on Form B ( which is provide for
under Section 22 of the Act ). on each defaulting holder. For purpose this particular
breach, i.e. non-payment of Consolidated Annual Charge, the wording of the notice
should be as follows :-
144
FORM B
( ( Section 22 (2) )
NOTICE PRIOR TO RE-ENTRY OF RURAL HOLDING

FOR BREACH OR DEFAULT
1. ............................................... the registered holder of Holding ..........................................

Group Settlement area of ................................................................
2. Whereas you have committed a breach of condition or term of occupation specified

hereunder : -
Non- Payment of Consolidated Annual Charge of RM10.00 per acre per annum due on
the said Holding of ....................acres, totaling RM ........................................
3. Take notice that unless within 30 days from the date of this notice you repair or make good
the above breach by payment of the total sum due show cause to mu satisfaction why your
holding should not forfeited under the Group Settlement Areas Act. 1960 the holding and all
title or right in expectation of title will cease and be extinct.
...........................................................
Collector of Land Revenue,........................
Authorised Officer
Date : ..............................................
4. Collectors will observe that no provision is made for the payment of arrears fee. This is
because the Commissioner of Lands Legislation has advised that such a fee cannot be imposed
under the Act.
5. It should be noted that once the period allowed for in the notice on the Form B has expired,
if payment has not been made, continued occupation of the Holding in question becomes
illegal. Collectors must then take action under Section 30 of the Act. Unless there are special
reasons Collectors should not prosecute in Court but make use of Section 30 ( 3 ) by
arrangement with the police if necessary to carry out summary removal of the occupant from
the land.
JOHORE.
Johore Bahru,
16th. December, 1961
Distribution:

Files - CLM. 728/60 & 493/60
145
Ref : No. 4 in CLM.. 993/61
C.L. & M CIRCULAR NO.1 of 1962 ( <> )
ASSIGNMENT OF RIGHT - F.L.D.A. SCHEMES
Collectors should note that land which is being developed under the control of the
Federal Land Development Authority should not be assigned by the recorded occupant as
evidenced by A.O. under the Land Enactment or Entry in the Register of Holding under Land (
Group Settlement Areas ) Act, without first consulting the Authority.
2. When the record occupant applies for permission to assign his rights his name and that of
the assignee should be forwarded to the Authority which should be given at least one month for
its local Manager or representative to investigate the parties concerned and indicate to the
collector whether or not the assignee is acceptable from the Authority‟s point of view.
3. If the assignee is acceptable to the Authority assignment may be approved forthwith. If the
assignee is not acceptable to the Authority, the C.L.R. should refer the matter with the
Authority‟s reasons for objecting, to the Commissioner of Lands & Mines for his decision.
JOHORE.
Johore Bahru,
17th. January, 1962
Distribution:

146
Ref: 10 in CLM.46/59-J
C.L.&M. CIRCULAR NO. 2 OF 1962
MALAY RESERVATION – ENDORSEMENT OF TITLE
In recent monts there have been a few cases where Lands gazzetted as Malay
Reservation were transferred to non-malay and application were made to Executive Council for
revocation of the Malay Reserve to give effect to such transfers. As the titles to these lands has
not been endorsed under section 7(iii) of the Enactment they had not, strictly speaking, become
“Malay Holding”, and council had reluctantly to allow such applications.
2. Collectors are urged that as soon as possible after Malay Reservations are gazetted –
either under section 3( i ) or under section 6( iii ) – the title concerned should be endorsed with
the required memorial of Maly Reservation.
3. Collectors are requested to go through their records of existing gazatted Malay

Reservations and carry out the endorsement of memorials as expenditiously as possible if they
find that they have not already done so.
4. Downward revision of rent under Land Rule 13 Table IB (iv) & (v) in respect of lands
declared Malay Reservations should be carried out only after the titles concered are endorsed
under section 7( iii ) of the Malay Reservations Enactment.
t.t.
(Mohd. Ghazalli bin Dato‟ Mahmud)
JOHORE
Johor Bahru,
12th June, 1962
Distributions: -
All C . L. Rs ( 2 copies )
All A. D. OS i/c Sub-districts
147
Ref: (12) in P.T.G 813/63
C.L.&M. CIRCULAR NO. 1 OF 1963 ( * * )
LAND ACQUISITION
ENQUIRY & AWARD OF COMPENSATION
It has come to the notice of Government that inadequate attention is being paid by
Collectors of Land Revenue in the matter of determining awards of compensation for land
acquisition. In a recent case a very high rate per acre of rubber land was awarded on the
ground that the amount was calculated on the basis of a certain formula which was used by the
Treasury Valuer in connection with a land Reference in the Supreme Court. The Assistant
Collector concerned had without discretion followed the formula which bases on 7 years profit
from the land, but he failed to appreciate that the application of the formula should be subject
to various other factors such as the age of trees, condition of land, etc. which are to be taken
into account. This unduly high award has caused embarrassment to Government when another
landowner in a later acquisition claimed the same rate of compensation.
2. In arriving at compensation payable for acquisition Collectors should be guided by the

principles laid down in the First Schedule to the Land Acquisition Act, i.e. market value of the
land on the date of notification under Section 8 of the Act. The best method to ascertain the
market value is to search for recent transactions of comparable land in the vicinity and giving
due allowance to factors such as those stated in paragraph 2 of The First Schedule of the Act. In
this connection attention is invited to paragraphs 2 and 3 of C. L. & M. CIRCULAR No.8/55.
3. Holding of enquiries under the Land Acquisition Act is a matter of great responsibility
which should be discharged by the Collector himself, though in law “Collector” includes
“Assistant Collector”. Paragraph 9 of C . L . & M. Circular No. 8/55stresses on this point
However, if it is unavoidable to entrust this important duty to an Assistant Collector he should
be thoroughly briefed by the Collector whose advise should be sought on the award to be made.
Valuation of land is one of the matters which the Collector may not delegate to an A.C.L.R VIDE
I.L.O. 117
4. C. L. & M. Circulars 7/ 52 and 5 / 54also are relevant.
148
t.t.
(Mohd. Ghazalli bin Dato‟ Mahmud)
JOHORE
Johor Bahru,
11th February, 1963
Distributions: -
All C . L. Rs ( 2 copies )
All A. D. OS i/c Sub-districts
149
Ref: No. 47 in CLM. 620/54
TITLE FEES CHARGEABLE ON SUBDIVISION REGISTRY TITLES.
It has been brought to my notice that fees charged for titles on subdivision are not
uniform in all Land Offices, particularly in the case of titles prepared in singelton for the
purpose of surrendering access reserves.
2. The fees chargeable on each subdivisional titles ( Grant, Lease or Certificate of Title ) are
follows:-
(a) Preparation - item 1 of Table II, L.R. 13 RM4.00

(b) Registration - item 2 of Table II, L.R. 13 RM2.00
(c) Plan fee - item IV ( a ) of Table IV - A.L.R. 13 RM5.00
_________
RM11.00
3. The heading of Table - 1 states “ Fees for the provision of plans on issue document of
title “ : Note the word “ issue “ . It is therefore not correct to charge plan fee in cases
where a title ( Grant, Lease or C.T. ) is prepared in singleton for the purpose of
surrendering road reserves - where there is no issue document - and the only fee
chargeable for such titles in singleton are :-
(a) Preparation - item 1 of Table II, L.R. 13 RM4.00

(b) Registration - item 2 of Table II, L.R. 13 RM2.00
_______
RM6.00
4. Collectors are generally aware that no fees is charge for the registration of surrender of
access reserves, vide Exemption ( c ) under item 6 of Table II.
Sgd. Mohd Ghazali Bin Dato‟ Mahmud

JOHOR BAHRU.
Johore Bahru
22th. May, 1963.
Distribution
Auditor Johore.
C.L.F.M., Kuala Lumpur.
150
Ref: No. 49 in CLM. 620/54
SUBDIVISIONS - SURRENDER OF ACCESS RESERVES.
In future applications for subdivision should state, wherever appropriate, that owner
agrees to surrender to the state free of charge the land covered by access roads as shown on the
subdivision plans.
2. In order to overcome the possibility of the owner‟s death or other charges of ownership
before the registration of subdivisional titles, the owner should, along with his application,
execute a surrender with the sketch of the access endorsed thereon and leaving blank the title
and lot numbers to be inserted when they are known.
Sgd. Mohd Ghazali Bin Dato‟ Mahmud

JOHOR BAHRU.
Johore Bahru
9th. July, 1963.
Distribution :

C.L.F.M., Kuala Lumpur.
151
Ref : 9 in P.T.G. 813 / 63
C . L . & M. CIRCULAR NO. 1 OF 1964( <> )
SURVEYS FOR MINING CERTIFICATES
When land is approved for issue of a Mining Lease , the following procedure should be
followed :-
(i) After approval the mining land application by Executive Council and
upon payment of fees by the Applicant the Collector will forward the
Requisition for Survey for Mining Lease, preceeded by a Mining
Certificate ( if such is required ) to the Survey Department.
(ii) The Survey Department will examine the Requisition for Survey and
decide whether or not a survey is necessary, the Mines Department will
be requested to carry out the demarcation survey together with a tracing
giving known bearings and distances and indicating which boundaries
require surveying.
(iii) The Mines Department will cause the Mining Certificate Survey to be
carried out by Mining Assistants. The Results of the demarcation survey
together with the tracing indicating the bearing and distances of the new
boundaries will be returned to the Survey Department.
2. The Survey Department will prepare the Mining Certificate based on the demarcation
survey and pass on to the C. L .& M. for registration.
3. If the Mines Department has not the required staff to carry out the demarcation survey ,
then the Survey Department will carry out the survey if required by the applicant.
Licensed Surveyors may be enggaged by the approved applicant to carry out surveys for
Mining Certificate and Mining Lease but in every instance the Licensed Surveyor will
have to obtain prior permission from the Survey Department to do such surveys.
t.t.
( Mohd. Ghazalli bin Dato Mahmud )
JOHORE.
Johore Bahru
29 th November , 1964
Distribution :
All C. L. Rs ( 2 copies each )
All A.D.Os i/c Sub-districts
Hon „ble State Legal Adviser , Johore
Warden of Mines , Johore
C . L . & M . Kuala Lumpur.
152

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KANDUNGAN

BIL. BIL.PEK. TAJUK SYOR M.SURAT

1 1/47 REBATES OF RENT (XX) 1

2 2/47 PAYMENT OF LAND RENT BY INSTALMENTS (XX) 3

3 1/49 REBATE OF RENT - DISCONTINUANCE OF (XX) 5

4 1/50 CAVEATS UNDER SECTION 11(1) OF DEBTOR 6

5 2/50 SETTLEMENT OF LARGE LOTS FOR 7

6 3/50 CONTROL OF CULTIVATION OF TAPIOCA 8

7 4/50 NOTICE OF FORFEITURE AND RE-ENTRY 9

8 1/51 SOIL EROSION CONDITION UPON ALL FUTURES E.M.Rs 10

9 2/51 BACK RENTS ( <> ) 11

10 3/51 REVENUE DERIVED FROM LICENCES FOR 12

11 4/51 REVISION OF RENTS 13

12 5/51 RESCISSION OF EXPRESS CONDITION 16

13 6/51 CUSTODY OF MUKIM REGISTERS IN SUB-DISTRICTS 17

14 7/51 REVISION OF RENTS 18

15 8/51 SERVICE OF NOTICE OF SALE FOR 19

16 9/51 CANCELLATION OF OBSOLETE C.L.& M. CIRCULARS 20

17 1/52 LEASES FOR PETROL STATION 21

18 2/52 CERTIFIED COPIES OF TITLES 22

19 3/52 APPLICATION FOR LAND 23

20 4/52 TOWN AND VILLAGE LANDS AND TOWN 24

21 5/52 LAND ACQUISITION 25

22 6/52 RESERVATION OF LAND FOR A PUBLIC PURPOSE ( XX ) 26

23 7/52 LAND ACQUISITION (XX) 28

24 8/52 WIDTH OF SHOP ABUTTING ON STREETS 29

25 9/52 PUBLIC NOTICES OF SALES SECTION 89, 30

26 10/52 LICENCES UNDER RULES 21 L.E. (XX) 31

27 1/53 PROCEDURE UNDER THE LAND (XX) 32

29 3/53 THE LAND ACQUISITION ENACTMENT 34

30 4/53 CARE OF SURVEYING AND DRAWING (XX) 36

31 1/54 TERM OF ALIENATION OF LAND FOR (XX) 37

32 1A/54 TERM OF ALIENATION OF LAND FOR (XX) 39

33 2/54 EXECUTION OF DOCUMENTS IN 40

34 3/54 REGISTER OF APPLICANTS FOR LAND(LANDS 43) (XX) 41

35 4/54 ACQUISITION AWARDS FOR COST OF 42

36 5/54 ACQUISITION OF LAND 43

37 6/54 LICENCES UNDER WATER ENACTMENT (**) 44

38 7/54 PRODUCTION OF MEMORANDUM AND 45

39 8/54 CUSTODY OF DOCUMENTS PRESENTED 46

40 9/54 CANCELLATION EXPRESS CONDITIONS 47

41 10/54 ALIENATION ON GRANT OR LEASE ~ (XX) 49

42 11/54 REMISSION OF LAND RENT (EMERGENCY (XX) 50

43 12/54 APPLICATION FOR CORRECTION OR CHANGE NAME 53

BIL. BIL.PEK. TAJUK SYOR M.SURAT

44 13/54 LEGAL NOTIFICATION – DESCRIPTION 56

45 14/54 DIVIDING & COMBINING LAND PROCEDURE (XX) 58

46 15/54 LEGAL NOTIFICATION ~ CITATION OF 64

47 16/54 LAND ACQUISITION ~POSSESSION AND (XX) 65

48 17/54 FORM OF CHARGE ~ GOVERNMENT LOANS TO OFFICERS 68

49 18/54 LAND ACQUISITION ~ POSITION OF PROPRIETOR OF ( X X ) 71

50 19/54 PROSPECTING APPLICATIONS AND ( XX ) 74

51 1/55 LAND REVENUE SALES ~ ANNULMENT (XX) 76

52 2/55 SMALL ESTATE DISTRIBUTION SUITS ~ NOTICE FEES 77

53 3/55 LAND REVENUE SALES – DEFAULT IN PAYMENT (XX) 78

54 4/55 USE OF LAND FOR GOVERNMENT ( XX ) 79

55 5/55 REGISTRATION – LOSS OF TITLES (SECTION 18, 80