As notified earlier through Circular No. 33/13, the JBC Conveyancing Sub-Committee had a dialogue with PTG on 1 August 2013 at the PTG’s office, Kota Iskandar. The dialogue was chaired by Encik Saifuddin Bin Abdul Rahim, the Ketua Penolong Pengarah of PTG and attended by officers of PTG together with following members of the JBC Conveyancing Sub-Committee:

Tho Kam Chew (Sub-committee Chairman)

Manjit Kaur (Sub-Committee Secretary)

Chandra Sekran

Lee Mei Yeng

Stephen Ng

Low Huei Shyan

Heliz Lim

Lawrence Chiong

Tey Lay Kim

The purpose of the dialogue was to discuss and resolve outstanding issue relating to administration of land matters in the State of Johor. Amongst others, the following issues/matters were discussed during the dialogue, some of which were responded to by PTG in writing, a copy of which is attached hereto:

1. SECURED LAND MANAGEMENT SYSTEM (SELAMAT System)

The PTG briefed us on the SELAMAT System which has been in place in the Kulaijaya Land Office since last year as a pilot scheme for the State of Johor. The SELAMAT System is part of the PTG’s effort to introduce a computerized system of land administration and management with the aim of combating land fraud and to increase efficiency.

Encik Saifuddin informed that the SELAMAT System will be implemented at PTG Nusajaya on or about October 2013. Encik Saifuddin has assured the Sub-Committee that prior to its implementation ample notice and information on the SELAMAT System will be given to the Johore Bar.

2. DELAYS IN PRESENTATION OF INSTRUMENTS OF DEALINGS AT PTG

Arising from numerous complaints from members about the delays at PTG, the Sub-Committee sought an explanation from PTG. The PTG informed that the delays arose for 2 reasons i.e. (a) shortage of staff and (b) increased in the number of presentations from 13,000 in June to 15,000 in July.

The PTG also informed that the problems of delay have now been rectified with the increase of 2 counters to 5 counters presently. Kindly inform the Sub-committee should the problem of delay persist.

In connection with the problems of delay as aforementioned, the Sub-Committee and upon request from PTG seeks members’ cooperation on 2 matters:

(a) In view of the approaching Hari Raya celebrations, the PTG advises that any dealings at the PTG be conducted on Monday or Tuesday i.e. 5 or 6 August 2013 as there will be only a skeletal staff on the eve of Hari Raya i.e. 7 August 2013.

(b) While it is natural for tempers to flare as a result of the delays, the Sub-committee would urge members to ensure that their staff who handle matters at PTG, conduct themselves in a civil manner with good and acceptable mannerism towards the PTG staff and at all times to not resort to rude or offensive conduct or behaviour.

3. STRATA TITLES (AMENDMENT) ACT 2013 (See Answer to Issue 1 of Attachment)

The Strata Titles (Amendment) Act 2013 was passed by Parliament during the 24 September to 29 November 2012 sitting of the Dewan Rakyat and during the 3 to 20 December 2012 sitting of the Senate. It received the Royal Assent on 28 January 2013 and was published in the gazette on 7 February 2013 as Act A1450.

The PTG informed that they have no notice as to when the date of coming into force of the said Amendment Act will be gazette. Suffice to say, the impact and repercussions of the said Amendment Act will be far reaching on both the developer and the end-purchasers.

The Johore Bar will be organizing a seminar on the said Amendment Act in the very near future.

4. REGISTRATION OF DEALINGS WITH RESPECT TO STRATA TITLED PROPERTIES PRIOR TO PAYMENT OF QUIT RENT ON MASTER TITLE BY THE MANAGEMENT CORPORATION (See Answer to Issue 2 of Attachment)

This is a perennial problem faced by members. This is because no dealings for Strata Title properties can be registered where the quit rent on the Master Title has yet to be paid.

The PTG informed that they had prepared a Proposal Paper on 31 January 2013 to resolve the above issue. However, at the State Council Meeting on 6 February 2013 there was NO agreement to the Proposal Paper. The Proposal Paper proposed that such dealings be allowed where evidence of payment of share of the quit rent to the Management Corporation is produced by the particular Strata Owner.

The Sub-Committee has urged the PTG to revisit the issue with relevant approving authorities on their Proposal Paper, pending future proposed amendments to the NLC and Strata Titles Act.

5. GUIDELINES ON APPLICATION FOR APPROVAL FOR ACQUISITION OF IMMOVABLE PROPERTIES BY FOREIGNERS PURSUANT TO SECTION 433B NLC & GUIDELINES ON APPLICATION FOR APPROVAL FOR DISPOSAL BY BUMIPUTRAS OF BUMIPUTRA LOTS (See Answers to Issues 3 & 4 of Attachment)

The Johore Bar queried if there are any proposed changes to the above guidelines. The PTG replied that the guidelines in the PTG Johor Circulars No.1 of 2009 and No. 1 of 2010 are still in force.

The Sub-Committee has urged the PTG that in the event there are proposed changes, such proposed changes NOT be implemented retrospectively and that ample notice be given to the Johore Bar.

6. SECTION 204GA OF NLC (See Answer to Issue 5 of Attachment)

The issue relates to transfer of existing charges from the original title to the sub-divided titles which is provided for under S204GA.

The PTG informed that in the mode of sub-division is by way of Surrender and Realienation (“SBKS”) which is provided for under S197. S197 clearly does not provide for transfer of existing charges.

Several other issues/matters were raised by the Sub-Committee. The outcome of these issues will be notified to the members upon finalization of the minutes of the dialogue.

Thank you.

Yours sincerely

Tho Kam Chew

Chairperson

Conveyancing Sub-Committee

 


 

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