PADI CULTIVATORS (CONTROL OF RENT AND SECURITY OF TENURE) ACT 1967

This Act applies only to Peninsular Malaysia.

This Act comes into operation on such date as may be appointed by the State Authority by order published in the Gazette and the State Authority may—

The signatures of both the landlord and the tenant in a tenancy agreement shall be attested by a Penghulu, a public officer of Division III in the public service and upwards or such persons as the State Authority may appoint for the purpose.

Registration of tenancy agreement

Notwithstanding subsection (1), the Registrar may extend the time for the registration of a tenancy agreement if he is satisfied that the failure to present it for registration within the period prescribed in subsection (1) was not due to any default on the part of the landlord.

Effect of registration

Without prejudice to any proceedings which may be taken against the landlord, any agreement for a term of less than three consecutive seasons shall be deemed to be a tenancy agreement for a term of three consecutive seasons and this Act shall apply to such agreement and the parties to the agreement.

Tenant entitled to renew agreement

An option to renew a tenancy agreement shall be exercised not later than two months before the expiry of the tenancy agreement by the tenant filing a notice with the Registrar in Form B of the First Schedule or in such form as to show an intention to renew the agreement.

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Tenancy agreement in excess of prescribed area prohibited

Without prejudice to any proceedings which may be taken against the tenant, any tenancy agreement in respect of an area in excess of that prescribed under subsection (1) shall be void to that extent only.

Implied conditions of a tenancy agreement

the landlord shall pay any quit rent, rates, charges and other outgoings payable under any written law in respect of the padi land;

the tenant shall not assign, sublet, lease or rent the padi land held under such agreement or any part thereof to any other person under any terms, conditions or stipulations for the cultivation of padi land;

the tenant shall at all times cultivate the land according to the principles of good husbandry and shall bear all costs of such cultivation;

the tenant shall defray all expenses and perform all work necessary for the construction and the putting and keeping in order of any dams, water-wheels, water-courses, division ridges and fences and such other matters as may be prescribed by law to be payable by the occupier of the land;

the tenant shall pay the rent due at the place of harvest within two weeks of the completion of the harvest;

the tenant shall be entitled to an option to renew the tenancy agreement in accordance with section 7;

such other conditions as the State Authority may prescribe.

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Right of tenant to continue occupation of land on death or incapacity of landlord

Any rent or its equivalent in terms of cash at the current value due and payable by the tenant shall be deposited by the tenant with the Registrar until the ownership or legal representative as aforesaid has been determined or appointed when the Registrar shall pay such rent or its equivalent to the new landlord.

Restrictions on amount of rent

Notwithstanding subsection (1), by mutual agreement between the landlord and the tenant after the crop has been harvested, the tenant may commute the rent for a cash payment calculated on the price of padi ruling at the place of harvest at the time when payment is due and on the quantity payable as rent under this section.

The State Authority may, with the concurrence of the

Minister, by order amend the Second Schedule and prescribe the maximum rent reserved under a tenancy agreement in respect of padi lands in the State or within any defined area of the State.

The State Authority may by notification in the Gazette—

Upon a declaration being made under paragraph (4)(b), a further thirty per centum shall be added to the maximum rent reserved as set out in the Second Schedule or as may be prescribed by the State Authority under subsection (3).

Any landlord or tenant who is dissatisfied with the classification or declaration affecting a padi land under his tenancy agreement may, within thirty days of the classification or declaration, appeal to the State Authority for a review of such classification or declaration.

On review, the State Authority may make such order as may be deemed fit as to the classification of the padi land or the rent reserved in respect of the padi land and such order shall be final.

Declaration of general failure of crop

The Committee may, if it is satisfied that the failure of the crop was due to some cause beyond the control of the tenant, reduce the rent payable by the tenant to such amount as it considers reasonable in the circumstances or, where the rent is commuted for a cash payment, reduce the amount of the rent or extend the time for payment of the rent, or both reduce the amount of the rent and extend the time for payment.

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Any landlord, whose padi land has been declared an area of crop failure under section 12, and who is not satisfied with the declaration or reduction of rent provided in the declaration may make an application to the Committee for reconsideration and if the Committee is satisfied that the land has not been affected by such crop failure, the Committee may reconsider the amount of rent that should be payable to the landlord.

Appointment and functions of Registrars

The Registrar shall maintain a register in such form and manner as may be prescribed under section 39.

The Registrar shall supply a certified copy of the tenancy agreement registered by him—

An enforcement officer and any other officer appointed under subsection (1) shall have and may exercise and perform the following functions for the purposes of this Act:

The Chief Enforcement Officer shall—

Every officer appointed under subsection (1) shall carry out and enforce any decision or order made by the Committee or the Tribunal under this Act.

Every Penghulu or police officer shall have all the powers of an enforcement officer and in exercising such powers he shall be subject to such directions as may be given or such restrictions as may be imposed by the Minister.

Appointment of Committee or Enquiry Officer

Where the State Authority considers it desirable so to do, it may instead of establishing and appointing a Committee under subsection (1) appoint an Enquiry Officer who shall have all the functions and may perform all the duties of the Committee or of the Chairman under this Act and for that purpose any reference in this Act to the Committee or Chairman shall be construed as reference to the Enquiry Officer.

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The State Authority shall assign to the Committee an area or areas in which the Committee shall have jurisdiction to exercise the functions conferred upon it by this Act, and such functions may be exercised by such Committee in respect of any tenancy agreement relating to any padi land within such area or areas but no other.

Wherever in this Act the expression “the Committee” is used with reference to any tenancy agreement or to any dispute or application having reference to any tenancy agreement, it shall be construed as referring to the Committee having jurisdiction in the area in which the padi land comprised in such tenancy agreement is situated.

Functions of Committee

to hear and determine applications made under this Act;

to hear and determine disputes between landlords and tenants arising out of their tenancy agreement;

to conduct enquiries and to administer oaths and affirmations, to examine any witness on oath or affirmation, to summon any person before him, take and record evidence of any such person and to award costs to any person appearing and giving evidence before it; and

to make such decisions or orders as may be necessary to give effect to the determination of any application or dispute.

Except as provided in subsection (3), a decision or order of the Committee in an enquiry shall not be altered or added to except for the purpose of correcting verbal errors or remedying some accidental defect or omission not affecting a material part of the enquiry.

A decision or order of a Committee may be reviewed, varied or set aside by such Committee or a succeeding Committee in the following cases:

All decisions or orders of the Committee shall be binding on all present and subsequent landlords, tenants and chargees of any padi land in respect of which they are made.

For the purpose of exercising the functions under this Act, the Committee or Chairman shall have all the powers of a First

Class Magistrate, and may deal with any case of contempt or misbehaviour committed in the view or presence of the Committee or Chairman in accordance with the powers conferred upon such

Magistrate.

Any decision or order of the Committee shall be treated as if it was a decision or order of such Magistrate.

Conduct of enquiry

Every enquiry shall be held at such place and time as the

Committee may direct.

Every enquiry shall be open to the public unless the

Committee for reasons to be recorded directs otherwise.

The Committee shall have power to cancel or postpone the holding of any proposed enquiry or adjourn any proceeding or change the venue of any enquiry.

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Applications to the Committee

Any dispute between a landlord and a tenant arising out of a tenancy agreement between such landlord and tenant may be referred to the Committee by either the landlord or the tenant or by both and shall be in writing and addressed to the Chairman.

Every application or reference under subsection (2) shall be accompanied by a copy of the tenancy agreement in respect of which the application or reference arises, and shall contain a brief summary of the grounds of application or reference of the matter in dispute.

Procedure on receipt of application

A notice delivered to a party on an application or reference by the hand of some person acting under the authority of the

Committee or sent by registered post to the address of a party as stated in the memorandum of the tenancy agreement shall be deemed to have been served upon such party.

Failure of appearance of parties

If the respondent fails to appear at the time and place specified in the notice issued by the Chairman, the Committee may, if it is satisfied that the notice was delivered or sent by registered post to his address, allow the application, or make such order as it thinks fit in the absence of the respondent.

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If an applicant or respondent is, from any cause which the

Committee considers sufficient, unable to attend at the time and place specified in the notice and so informs the Committee in writing or by a representative, the Committee may either—

to take down the evidence of any witness verbatim unless it thinks it desirable to do so, or is so requested by that witness or by any other person appearing in the course of the enquiry; and where the evidence is not taken down verbatim, the Committee shall record the substance of such evidence; or

to put in writing any decision given or order made, except in a short and concise form, showing the reasons for the decision or order.

Inspection of record of evidence, etc.

shall be made up in a separate file; and

shall at all reasonable times, upon a written application in that behalf, be open to inspection by any party in the enquiry or his agent duly authorized in writing, or his legal representative, any of whom may, upon payment of such fee as may be prescribed, obtain a copy of the record of all evidence or an extract from the record.

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Restrictions on right to possession

upon the expiration of the tenancy agreement;

in the event of the death or incapacity or otherwise of the tenant;

if the landlord satisfies the Committee that the tenant has been guilty of bad husbandry so as to cause damage to land or to impair its value;

if the landlord satisfies the Committee that the tenant has wilfully refused to sign, execute or renew the tenancy agreement under section 7;

if the landlord satisfies the Committee that the tenant has contravened or failed to observe any of the implied conditions; and

where the landlord desires to cultivate the land himself.

In the case of paragraph (1)(b), any person or member of the family of the tenant who is actually cultivating the land may apply to the Committee for an order transferring the tenancy agreement to him; and upon the Committee making such order, the register shall be amended by substituting for the name of the tenant the name of such person or member of the family of the tenant.

No order for the recovery of possession of any land comprised in a tenancy agreement shall be made under paragraph

If it is shown to the Committee that the landlord who has obtained an order of possession under paragraph (1)(f) is not cultivating the padi land wholly or substantially by his own resources at any time within three years of the date of the order of possession, the Committee may make an order restoring the tenant into possession of the land.

In the event of the landlord being granted an order of possession under paragraph (1)(b) or (f), the Committee may award compensation to the tenant for any improvement of a permanent nature which have been made by the tenant during the period of the tenancy and which were agreed to by the landlord.

Stay of execution

within fourteen days from the time of such decision or order being made; or

within such extended period as the Chairman acting on the direction of the President of the Tribunal may allow.

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The notice of appeal shall state the grounds of appeal.

Upon receiving a notice of appeal, the Chairman shall send one copy of the notice of appeal to the respondent and three copies to the President of the Tribunal.

On payment of such fee as may be prescribed, the Chairman shall supply a certified copy of the notes of evidence made at the hearing of the Committee, the decision or order of the Committee and the reasons for the decision or order—

The Tribunal shall hear the arguments of the appellant or his representative and may call upon the respondent or his representative to reply to the arguments of the appellant.

The Tribunal shall not be required to hear evidence but may in its discretion do so on the application of the appellant or the respondent.

If the appellant fails to appear at the time and place specified in the notice issued by the President of the Tribunal, the Tribunal may, if it is satisfied that the notice was delivered or sent by registered post to the appellant’s address, dismiss the appeal.

If the respondent fails to appear at the time and place specified in the notice issued by the President of the Tribunal, the Tribunal may, if it is satisfied that the notice was delivered or sent by registered post to his address, allow the appeal or make such order as it thinks fit in the absence of the respondent.

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Functions of Tribunal

The Tribunal may award to either party such costs as it may think fit.

The costs which may be awarded by the Tribunal under subsection (2) shall not exceed—

For the purpose of exercising the functions under this Act, the Tribunal or the President of the Tribunal shall have all the powers of a Sessions Court Judge, and may deal with any case of contempt or misbehaviour committed in the view or presence of the Tribunal or the President of the Tribunal in accordance with the powers conferred upon such Sessions Court Judge.

Any decision or order of the Tribunal shall be treated as if it was a decision or order of such Sessions Court Judge.

Decision of Tribunal final

No legal practitioner or pleader shall be entitled to appear on behalf of any party in any proceedings before the Committee under this Act except with the permission of the Committee and the Committee may grant or withhold such permission as it thinks fit.

No solicitors’ costs shall be allowed in respect of any proceedings under this Act before the Committee except that the

Committee may, for special reasons stated in the order, allow such costs as might be awarded in the Court of a First Class

Magistrate in a comparable proceeding.

Officers, members of Tribunal and Committee deemed to be public servants

The Public Authorities Protection Act 1948 [Act 198] shall apply to every such officer or member.

Offences by landlord

imposes or receives rent in respect of any padi land under a tenancy agreement exceeding the rate prescribed in the Second Schedule or such maximum rent reserved as may be prescribed by the State Authority under subsection 11(3);

imposes or receives cash payment for such rent as may be commuted in accordance with subsection 11(2) exceeding the price of padi ruling at the harvest;

receives or demands any rent from a tenant or applies for an order of possession of padi land, the tenancy agreement in respect of which has not been registered in accordance with this Act;

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fails to register a tenancy agreement within the period specified in section 4 or within such period as may be extended by the Registrar under that section;

without a written order of the Committee, ejects a tenant from any padi land comprised in a tenancy agreement; or

receives from a tenant any addition to the rent lawfully payable under this Act by reason of any quit rent, taxes, rates, charges or other outgoings payable under any written law in respect of any padi land under a tenancy agreement or by reason of any expenses incurred in collecting the rent, shall be guilty of an offence and shall, on conviction, be liable to a fine of one thousand ringgit or to imprisonment for a term which may extend to six months or to both.

Where a landlord is convicted of an offence under paragraph

Offences for making false statements

No prosecution for an offence under subsection (1) shall be instituted without the sanction of the Public Prosecutor.

Offences for charging or giving of premiums

as a condition of the grant by him of any land under a tenancy agreement, requires the payment of any premium or other like sum or the giving of any valuable consideration in addition to rent lawfully payable under the Act;

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receives any such payment as consideration;

offers or makes any such payment; or

offers or gives any such consideration, shall be guilty of an offence and shall, on conviction, be liable to a fine of two thousand ringgit or to imprisonment for a term which may extend to one year or to both.

The Court may, in addition to any penalty imposed, order any person convicted of an offence under subsection (1) to make such repayment or restitution as may be deemed just.

Offences for failure to comply with decision or order of

Tribunal or Committee, etc.

fails to vacate a padi land within fourteen days from the date of the service of the order of the Tribunal or

Committee directing him to vacate such land;

remains on the land after the expiration of the period of such order of the Tribunal or Committee;

cultivates or employs any person to cultivate the land after the expiration of such period; or

refuses or fails to comply with any decision or order of the Tribunal or Committee, shall be guilty of an offence and shall, on conviction, be liable to a fine of two thousand ringgit or to imprisonment for a term which may extend to one year or to both.

General penalty

regulating the procedure of the Tribunal or the Committee;

regulating the procedure for endorsing or notating in any issue document of title or any land register or any record of the Land Registry any registration or transaction effected or anything done under this Act;

regulating the functions of officers appointed under this

Act;

prescribing the form of register and such other forms as may be considered necessary for the purposes of this

Act;

prescribing the remuneration to be paid to members of the Tribunal or Committee;

prescribing the conditions upon which, and the authorities by whom, any fees payable under this Act or the rules or regulations made under this Act may be varied or remitted, either in whole or in part;

prescribing fees to be paid for any matter or thing required or authorized to be done under this Act.

Effect of Act

Where there is any conflict or inconsistency between this

Act and any other written law relating to tenancies or leases, this

Act shall prevail.

Repeal

This Act shall apply to any tenancy agreement entered into before the commencement of this Act and still binding upon the parties at the date of such commencement, and in the event of any conflict or inconsistency between this Act and any term, condition or stipulation contained in the tenancy agreement, this Act shall prevail and the tenancy agreement, shall be amended accordingly before being registered in accordance with section 4.

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First Schedule

FORM A

[Section 3]

The Padi Cultivators (Control of

Rent and Security of Tenure) Act 1967

TENANCY AGREEMENT

Reg. No. .......................................

Date Deposited .............................

Maximum rent not exceeded

……………………………………….

(Signed) ……………………………..

Registrar

Season …………………………………. District of ………………………………..

AN AGREEMENT made this ………… day of ……….. year………. between

…………………………………………………………………….. of ……………...

………………………………………………….. hereinafter called the landlord and

…………………………………. of …………………………………..... hereinafter called the tenant.

It is agreed as follows:

In consideration of the rent specified in the Schedule to this agreement, the landlord lets to the tenant the land described in the Schedule to be held by the tenant for the term of …............ from the …........ day of …...... year ….......

This agreement shall be subject to the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967 and the conditions set out below:

In witness whereof the parties have hereunto set their hands on this agreement the day and year above written:

.............................................

...........................................

(Signature or thumbprint

(Signature or thumbprint of landlord)

of tenant)

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I hereby testify that the Signature/

Thumbprint above written/affixed in my presence this…........day of ........… year

…...... is *(a) to my personal knowledge

*(b) according to information given to me by trustworthy and respectable persons viz …........ which information

I verily believe, the true Signature/

Thumbprint of …..................who has acknowledged to me …..........................

....... that he is of full age and that he has voluntarily executed this instrument.

I hereby testify that the Signature/

Thumbprint above written/affixed in my presence this…...... day of

…........ year …......... is *(a) to my personal knowledge *(b) according to information given to me by trustworthy and respectable persons viz …........ which information I verily believe, the true Signature/

Thumbprint of …............who has acknowledged to me ….................

that he is of full age and that he has voluntarily executed this instrument.

Witness my hand …....................... Witness my hand …........................