Federal Constitution
NOTES
Art. 85
1. This Article which read as follows was substituted by Act A704, section 5, in force from
10-06-1988:
“85. (1) Where any land in a State which is reserved for any federal purposes ceases to
be required for those purposes, the Federal Government shall offer to release the land to
the State on condition that the State pays to the Federation—
(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,
and if the State Government accepts the offer the reservation shall cease.
(2) Where the State Government does not accept an offer made in accordance with
Clause (1), then, unless by agreement between the Federal Government and the State
Government the land is reserved for another federal purpose, 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 equal to the market value of
the land reduced by the amounts which would have been payable to the Federation under
Clause (1) if the said offer had been accepted, and to the payment annually of an appropriate
quit rent; and where such a grant is made to the Federation, the Federal Government may
sell and transfer or lease the land on such terms and conditions as it may think fit.
(3) 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.”.
2. See Art. 86(2), (5) & 88.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents