[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.
84. (Repealed).
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