Perlembagaan Persekutuan
(1) If the Federal Government is satisfied that land in a
Land
- Jurisdiction
- Malaysia
- Provision
- 83
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source83. (1) If the Federal Government is satisfied that land in a
State, not being alienated land, is needed for federal purposes, that
Government may, after consultation with the State Government,
require the State Government, and it shall then be the duty of
that Government, to cause to be made to the Federation, or to
such public authority as the Federal Government may direct, such
grant of the land as the Federal Government may direct:
Provided that the Federal Government shall not require the grant
of any land reserved for a State purpose unless it is satisfied that
it is in the national interest so to do.
[Article 83] Federal Constitution 77
(2) Where in accordance with Clause (1) the Federal Government
requires the State Government to cause to be made a grant of land
in perpetuity, the grant shall be made without restrictions as to
the use of the land but shall be subject to the payment annually
of an appropriate quit rent and the Federation shall pay to the
State a premium equal to the market value for the grant; and
where the Federal Government so requires the State Government
to cause to be granted any other interest in land, the Federation
shall pay to the State the just annual rent therefor and such
premium, if any is required by the State Government, as may
be just:
Provided that if the value of the land has been increased by
means of any improvement made (otherwise than at the expense
of the State) while the land was reserved for federal purposes, the
increase shall not be taken into consideration in determining the
market value, rent or premium for the purposes of this Clause.
(3) Where a requirement is made under Clause (1) in respect
of any land which, at the date of the requirement, was intended
for any State purpose, then if—
(a) other land is acquired by the State for that purpose in
substitution for the first-mentioned land; and
(b) the cost of the land so acquired exceeds the amount paid
by the Federation (otherwise than as rent) in accordance
with Clause (2) in respect of the interest granted to the
Federation,
the Federation shall pay to the State such sum as may be just in
respect of the excess.
(4) Where a further grant is made in pursuance of this Article
in respect of land an interest in which is vested in the Federation
or any public authority, any sums payable by way of premium
under Clause (2) in respect of the further grant shall be reduced
by an amount equal to the market value of any improvements
made (otherwise than at the expense of the State) since that
interest became vested as aforesaid.
(5) The foregoing provisions of this Article (except Clause (3))
shall apply in relation to alienated land as they apply in relation
to land not being alienated land, but subject to the following
modifications:
[Article 83] Federal Constitution 78
(a) in Clause (1), the words “after consultation with the State
Government” shall be omitted;
(b) where a requirement is made under that Clause, it shall
be the duty of the State Government to cause to be
acquired by agreement or compulsorily such interest in
the land as may be necessary for complying with the
requirement;
(c) any expenses incurred by the State in or in connection
with the acquisition of land in accordance with paragraph
(b) shall be repaid by the Federation, except that if the
acquisition is by agreement the Federation shall not,
unless it is party to the agreement, be liable to pay more
than it would have paid on a compulsory acquisition;
(d) any sums paid by the Federation to the State in accordance
with paragraph (c) shall be taken into consideration in
determining for the purposes of Clause (2) the market
value, the appropriate quit rent or the just annual rent,
and shall be deducted from any premium to be paid by
the Federation under that Clause.
(6) Where a grant is made to the Federation in pursuance of
Clause (1) in respect of land which, or an interest in which, was
acquired by the State Government at the expense of the Government
of the Federation of Malaya before Merdeka Day, paragraph (d) of
Clause (5) shall apply to the sums paid in respect of the acquisition
by the Government of the Federation of Malaya as if they were
sums paid by the Federation in accordance with paragraph (c) of
Clause (5); and Clause (3) shall not apply to any such land.
(7) Nothing in this Article shall prevent the reservation of land
in a State for federal purposes on such terms and conditions as may
be agreed between the Federal Government and the Government
of the State, or affect the power of the appropriate authority
in a State to acquire in accordance with any law for the time
being in force any alienated land for federal purposes without
a requirement by the Federal Government under this Article.
(8) Nothing in this Article shall prevent the making of a
grant of land in a State to the Federation, on such terms and
conditions as may be agreed between the Federal Government
and the Government of the State, without a requirement by the
Federal Government under this Article.
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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