Akta Pengambilan Tanah 1960
Applies to: Federal Act — see s 3B (Application of section 3A where there is no development approval) · Official text ↗
- Allows the State Authority to acquire land for public purposes, economic development, or specific uses like mining and residential projects (s 3).
- Requires a preliminary notification in the Gazette when land is likely to be needed (s 4).
- Mandates the Land Administrator to prepare a written award determining the area, value, and compensation apportionment (s 14).
- Grants the Land Administrator the power to take possession of the land, including buildings under specific conditions (s 18).
- Payment of compensation, receipt of payment under protest, and references to the Court by the Land Administrator (ss 29, 30, 36)
- Sets penalties for wilfully obstructing the service of notices or damaging survey marks (s 64).
- Prohibits suits to set aside an award or apportionment once made (s 68).
What this law is
The Land Acquisition Act 1960 (Akta Pengambilan Tanah 1960) is numbered Act 486 in the Laws of Malaysia. Where it applies is set out in section 3B (Application of section 3A where there is no development approval).
Its long title, as printed in the official text: An Act relating to the acquisition of land, the assessment of compensation to be made on account of such acquisition, and other matters incidental thereto.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (s 2)
- Part II — Acquisition (ss 3–16)
- Part III — Summary enquiry (s 17)
- Part IV — Taking possession of land (ss 18–35)
- Part V — Reference to court (ss 36–51)
- Part VI — Service of notices (ss 52–56)
- Part VII — Temporary occupation or use of land (ss 57–61)
- Part VIII — Miscellaneous (ss 62–70)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Publication of a declaration under section 8(1) in the Gazette to prevent the preliminary notification from lapsing | within twelve months from the date of publication of such notification | s 4(3) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Wilfully obstructing the service of any notice or other document, obstructing any officer or person authorized by the Act, or wilfully filling up, destroying, damaging, or displacing any trench or mark made on land | imprisonment for a term not exceeding six months, or to a fine not exceeding five thousand ringgit, or to both | s 64 |
Laws cited on this page
| Act 486 | Land Acquisition Act 1960 Akta Pengambilan Tanah 1960 | PDF · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines terms used in the Act — for example "building" includes any house, hut, shed or roofed enclosure, walls, fences and other structures. Notes in the official reprint explain how the Act is read in the Federal Territories. |
| s 3 | States that the State Authority may acquire land for public purposes, economic development, or for mining, residential, agricultural, commercial, industrial, or recreational purposes. |
| s 4 | Requires the State Authority to publish a notification in the Gazette if land is likely to be needed, and states that this notification lapses if no declaration is published within twelve months. |
| s 14 | Requires the Land Administrator to prepare a written award after an enquiry, which serves as final evidence of the land's area, value, and compensation apportionment. |
| s 18 | Allows the Land Administrator to take possession of land after an award is made or under a Certificate of Urgency, subject to rules regarding occupied buildings. |
| s 21 | Outlines the procedure if a building owner accepts or rejects an offer of compensation, including the Land Administrator's power to remove and re-erect temporary structures. |
| s 29 | Requires the Land Administrator to pay compensation to entitled persons unless there is a dispute or no competent person to receive it, in which case the amount may be deposited in Court. |
| s 30 | Allows an interested person to receive payment under protest regarding its sufficiency, but states that accepting payment without protest bars them from referring the claim to the Court. |
| s 36 | States that only the Land Administrator can refer questions to the Court, including those about the validity of instruments, entitlement to rights, or apportionment of compensation. |
| s 49 | Allows appeals from the Court's decision to the Court of Appeal and Federal Court, except for decisions comprising an award of compensation. |
| s 64 | Prescribes penalties for wilfully obstructing the service of notices, obstructing officers, or damaging survey marks, including imprisonment or fines. |
| s 68 | Prohibits any suit from being brought to set aside an award or apportionment made under the Act. |
Worked examples
Facts. Mr Tan's land in Selangor is acquired for an industrial park. He thinks the compensation awarded is too low.
The law. The State Authority may acquire land needed by any person or corporation for a purpose which in its opinion is beneficial to the economic development of Malaysia (s 3(1)(b)). An interested person may receive the amount awarded under protest as to its sufficiency (s 30(a)); anyone who receives payment otherwise than under protest cannot require that his claim be referred to the Court under s 37 (s 30(b)). The Land Administrator must refer to the Court any objection to an award duly made under Part V (s 36(4)).
Outcome. Mr Tan should accept payment only under protest and make his objection in the manner the Act requires, so that it can be referred to the Court (ss 30, 36(4)).
Facts. Siti is a landowner in Penang. When a surveyor comes to mark the boundaries of her land for acquisition, she physically blocks the path and removes the marks they place.
The law. Whoever wilfully obstructs any officer in doing acts authorized by the Act, or wilfully destroys or displaces any mark made on land, is liable to penalty (s 64(b), s 64(c)).
Outcome. Siti may be convicted and liable to imprisonment for a term not exceeding six months, or a fine not exceeding five thousand ringgit, or both (s 64).
Facts. Ravi is entitled to compensation for his land in Kuala Lumpur. There is a dispute between Ravi and his brother about who should receive the money. The Land Administrator cannot determine who is competent to receive it.
The law. If there is a dispute as to the right or title of the person to receive the compensation, the Land Administrator shall apply to the Registrar of the Court for an order to deposit the amount into Court (s 29(1)(c), s 29(2)).
Outcome. The compensation will be deposited into the Court until the dispute is resolved (s 29(2)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can the government take my land for a private company's project?
Yes, the State Authority may acquire land for any purpose which in the opinion of the State Authority is beneficial to the economic development of Malaysia or to the public generally (s 3(1)(b)). It can also be for residential, commercial, or industrial purposes (s 3(1)(c)).
What happens if I don't agree with the compensation amount?
You may receive the payment under protest as to the sufficiency of the amount (s 30(a)). However, if you accept the payment without protest, you will not be entitled to require that your claim be referred to the Court (s 30(b)).
Who can refer a dispute to the Court?
Only the Land Administrator makes references to the Court (s 36(1)). He may refer questions such as who is entitled to an interest or how compensation is apportioned (s 36(2)), and after an award he must refer to the Court any objection to it that was duly made (s 36(4)).
Can I sue to cancel the award if I think it's wrong?
No, no suit shall be brought to set aside an award or apportionment under this Act (s 68).
What if there is a dispute about who should get the money?
If there is a dispute as to the right or title of the person to receive the compensation, the Land Administrator shall apply to the Registrar of the Court for an order to deposit the amount into Court (s 29(1)(c), s 29(2)).
What is the penalty for blocking the surveyors?
Whoever wilfully obstructs any officer or person in doing acts authorized by the Act, or wilfully destroys or displaces any mark made on land, shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five thousand ringgit, or to both (s 64).
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Sources
Related
National Land Code (Revised 2020)Renting and buying propertyCourts and their powers