Transaction on TOL land

suppadmin | October 22, 2014

SUPP Public Complaints Bureau (PCB) feels that it is their responsibility to highlight the law relating to Temporary Occupation Licence (TOL) issued by the Sarawak Government through Land & Survey Department under Section 29 of the Sarawak Land Code.

This is because there are many who are unaware that a Temporary Occupation Licence is not a LAND TITLE and therefore cannot be bought and sold. Section 29(2) of the Sarawak Land Code provides clearly that a TOL is not transmissible or transferable.

As a warning to the public, SUPP PCB hopes that the public will not enter into any form of transactions of sale and purchase involving TOL as it is expressly prohibited under the law.

On a matter on transactions involving TOL, SUPP Public Complaints Bureau was recently approached by an individual named Khalid seeking assistance on a transaction in respect of a TOL that he entered into with another individual who was given a TOL by the Government. Khalid informed SUPP PCB that he had paid compensation of RM17,000.00 to that individual, witnessed by a Ketua Kaum for an assignment of the rights under the TOL.

Khalid further informs SUPP PCB that it has come to his knowledge that Land & Survey Department have granted a land title to the TOL upon payment of premium to the individual concerned despite the fact that he had received RM17,000.00 from him and despite the individual assigning his rights to him in the presence of a Ketua Kaum.

Khalid is now worried that if the title is issued to the individual, he will evict him, his wife and two children from the land. Khalid also informed that he is living on a small pension as a retired army soldier and that he has spent all his savings buying the rights to the TOL.

Based on the information given by Khalid, SUPP PCB have written to Land & Survey Department to inquire as to why approval for land title upon payment of premium have been given to the said individual who had surrendered the rights of the TOL to Khalid.

SUPP PCB hopes that the Sarawak Government will take pre-emptive steps to issue a directive to all community leaders that they cannot witness and should not be a party to any transactions involving TOL to prevent problems of the above nature from occurring.