Wednesday, June 3, 2009

National Land Council

1) The role, composition, power of National Council on land

Item no 2 of the List 2under the Ninth Schedule provides that the state government has power pertaining on land matters.

However there are certain exception which provides that the parliament has given a power to legislate law on land matters in all states except Sabah and Sarawak which stated under article 76 (4).

In addition, Article 91 of the Federal Constitution provides the explanation on National land Council which inter alia;

i. The members of National land Council which are: Minister as chairman, one representative from each of the states (who shall be appointed by the Ruler of the state) and no more than ten representatives of the federal government.

ii. The role: to formulate from time to time in consultation with the federal government, state government and the National Finance Council a national policy for the promotion and control of the utilization of land throughout the federation for mining, agriculture, forestry or for any other purpose , and for the administration any laws relating thereto.The federal government or the state government of any state may consult the National Land Council in respect of any other matter relating to the utilization of land or in respect of any propose legislation dealing with land or of any administration of any such law, and it shall be the duty of the council to advise the government on any such matters.