[Article 89]
Federal Constitution
83
(4) Nothing in this Article shall authorize the declaration as
a Malay reservation of any land which at the time of the declaration
is owned or occupied by a person who is not a Malay or in or
over which such a person has then any right or interest.
(5) Without prejudice to Clause (3), the Government of any State
may, in accordance with law, acquire land for the settlement of Malays
or other communities, and establish trusts for that purpose.
(6) In this Article “Malay reservation” means land reserved
for alienation to Malays or to natives of the State in which it
lies; and “Malay” includes any person who, under the law of
the State in which he is resident, is treated as a Malay for the
purposes of the reservation of land.
(7) Subject to Article 161 a , this Article shall have effect
notwithstanding any other provision of this Constitution; but
(without prejudice to any such other provision) no land shall be
retained or declared as a Malay reservation except as provided
by this Article and Article 90.
(8) The provisions of this Article shall apply to the Federal
Territories of Kuala Lumpur and Putrajaya in the like manner that
they apply to a State, save that Clause (1) in its application to
the Federal Territories of Kuala Lumpur and Purtrajaya shall be
modified to read that any land in the Federal Territory of Kuala
Lumpur or the Federal Territory of Putrajaya which immediately
before Merdeka Day was a Malay reservation in accordance
with the existing law may continue as a Malay reservation in
accordance with that law until otherwise provided by an Act of
Parliament passed by a majority of the total number of members
of each House of Parliament and by the votes of not less than
two-thirds of the members present and voting in each House.
Special provisions relating to customary land in Negeri Sembilan
and Malacca, and Malay holdings in Terengganu
90. (1) Nothing in this Constitution shall affect the validity
of any restrictions imposed by law on the transfer or lease of
customary land in the State of Negeri Sembilan or the State of
Malacca, or of any interest in such land.
(1a) For the purpose of Clause (1)—
(a) “transfer” includes any charge, transmission or vesting,
or creation of any lien or trust, or entry of any caveat,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents