[Article 85]
Federal Constitution
79
Grant to Federation of land reserved for federal purposes
85. (1) Where any land in a State is reserved for any federal
purposes, the Federal Government may require the State Government,
and it shall then be the duty of that Government, to cause to
be made to the Federation a grant of the land in perpetuity without
restrictions as to the use of the land, but subject to the payment
of a premium to be determined in accordance with Clause (2)
and to the payment annually of an appropriate quit rent.
(2) The premium referred to in Clause (1) shall be equal to
the market value of the land reduced by—
(a) the market value of any improvements made (otherwise
than at the expense of the State) while the land was in
use for federal purposes; and
(b) the amount, if any, paid by the Federation, or paid before
Merdeka Day by the Government of the Federation of
Malaya, in respect of the cost of acquisition of any
interest in the land by the State Government.
(3) Without prejudice to Clause (1), where any land in a State
is reserved for any federal purposes, the Federal Government
may offer to release the land to the State on condition that the
State pays to the Federation the market value and the amount
mentioned in paragraphs (a) and (b) of Clause (2); and if the
State Government accepts the offer the reservation shall cease.
(4) Except as provided by this Article, land in a State which
is reserved for federal purposes shall not cease to be so reserved,
and all land so reserved shall be controlled and managed by or on
behalf of the Federal Government, and the Federal Government
may grant any right of occupation, control or management, or a
tenancy or lease, of the whole or any part of such land, to any
person—
(a) for the use of the land by such person for any duration
for the federal purpose for which it is reserved, or for
any purpose ancillary or incidental thereto; or
(b) where the Federal Government is unable for any reason to
use the land for the time being for the federal purpose
for which it is reserved, for its use by such person
for any purpose other than a federal purpose, for such
duration and on such terms and conditions as the Federal
Government may determine.
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