Circular No 200/2017
Dated 13 Sept 2017

To Members of the Malaysian Bar

Update on National Land Code (Amendment of First and Fifth Schedules) Order 2017

(1)     We refer to Bar Council Circular No 192/2017 dated 30 Aug 2017, entitled “National Land Code (Amendment of First and Fifth Schedules) Order 2017”, which included a copy of the National Land Code (Amendment of First and Fifth Schedules) Order 2017 (“P.U. (A) 247”) and a copy of Sample Form 13B.  The Bar Council Conveyancing Practice Committee (“CPC”) has since received further information from the relevant authorities.

(2)     By an email dated 7 Sept 2017, Bahagian Pendaftaran, Pejabat Pengarah Tanah dan Galian, Wilayah Persekutuan Kuala Lumpur (“PPTG KL”) informed the CPC as follows:

Adalah dimaklumkan bahawa Perintah Kanun Tanah Negara (Pindaan Jadual Pertama dan Kelima) 2017 telah mula berkuatkuasa pada 30 Ogos 2017. Oleh itu, semua penyempurnaan borang mulai tarikh 30 Ogos 2017 hendaklah mematuhi pindaan sepertimana Warta Kerajaan Persekutuan P.U. (A) 247 tersebut.

Selaras pindaan ini, pelanggan juga dikehendaki menggunapakai Borang Kaveat Persendirian (Borang 19B) versi Bahasa Inggeris sehingga borang di dalam versi Bahasa Malaysia diluluskan. Bersama ini disertakan Borang 19B versi Bahasa Inggeris untuk tujuan edaran.

Untuk makluman tuan/puan juga, pengisian maklumat dalam Bahasa Malaysia atau Bahasa Inggeris adalah diterima.

(3)     The CPC has subsequently confirmed with the Jabatan Ketua Pengarah Tanah dan Galian, Putrajaya (“JKPTG”) that the contents of the abovementioned email from PPTG KL in respect of the preparation of Form 19B shall similarly apply to all land registries or land offices in Peninsular Malaysia, until the Bahasa Malaysia version has been approved.

(4)     By an email dated 12 Sept 2017, JKPTG furnished to the CPC the following new First Schedule Forms in Bahasa Malaysia that have been approved:

          Members are to note that these First Schedule Forms in Bahasa Malaysia, which are attached, are to have immediate effect.

(5)     Following Bar Council Circular No 192/2017, the Conveyancing Practice Department of the Bar Council Secretariat has been inundated with telephone calls and emails from Members of the Bar regarding the amendments effected by P.U. (A) 247.

(6)     The CPC regrets to note that most of the enquiries could have been resolved if the Member had made an effort to read P.U. (A) 247 in detail, so as to enable the Member to comply with the amendments made therein, to the best of the Member’s abilities.

(7)     In particular, Members are advised to read paragraph 4 of P.U. (A) 247, which states very clearly as follows (emphasis added):

(1)     The amendment made to Form 19B in the First Schedule shall have no effect to the documents executed before the commencement of this Order and shall be continued to be presented as if the First Schedule had not been amended by this Order.

(2)     The amendment made to the Fifth Schedule by inserting paragraph 2A shall have no effect to the documents executed before the commencement of this Order and shall be continued to be presented as if the Fifth Schedule had not been amended by this Order.

(8)     Any Member who wishes to make any enquiry relating to conveyancing practice is required to complete and submit the attached Conveyancing Practice Query Form by email to conveyancing@malaysianbar.org.my.

(9)     Nevertheless, for the guidance of Members, the CPC has prepared its views on the most common enquiries received, in a set of Frequently-Asked-Questions (“FAQs”) that is attached.

Thank you.

Roger Tan
Chairperson
Conveyancing Practice Committee