Dear Members,

Re : SUMMARY OF MINUTES OF THE JOINT DISCUSSION WITH PEJABAT PENGARAH TANAH DAN GALIAN (PTG) PERAK – 27^TH AUGUST 2025

We have on August 27, 2025, attended a joint discussion and immediate assistance session with the Director of Land and Mines (PTG) Perak, YBhg. Dato’ Mohamad Fariz bin Mohamad Hanip, along with senior officers from PTG and various District Land Offices (PDT).

ATTENDANCE AT THE JOINT DISCUSSION (27 AUGUST 2025)

The session was attended by the following representatives from the PTG/PDT offices and the Perak Bar Committee :

PTG/PDT Officials:

• YBhg. Dato’ Mohamad Fariz bin Mohamad Hanip, Pengarah Tanah dan Galian Negeri Perak (Chairman)
• Puan Khatiahazmim Binti Rusdi, Ketua Penolong Pengarah Tanah dan Galian Negeri Perak (Hakmilik)
• Encik Kamarul Idzham Bin Kamal, Ketua Penolong Pegawai Daerah, PDT Larut, Matang dan Selama
• Puan Salwa Haslinda Binti Che Rose, Penolong Pengarah Tanah dan Galian (Hakmilik II)
• Puan Shuhaida Binti Mohd Ibrahim, Penolong Pengarah Tanah dan Galian (Audit Pengurusan)
• Cik Siti Rakna Syafidah Binti Mohd Izhari, Penolong Pengarah Tanah dan Galian (Perundangan II)
• Encik Mohd Noor Iswandi Bin Ariffin, Penolong Pegawai Tadbir, PDT Batang Padang
• Puan Zahrah Binti Mohd Asnawi, Pembantu Tadbir (P/O), PDT Manjung
• Encik Muhammad Hazim Bin Mat Hashim, Pembantu Tadbir (P/O), PDT Bagan Datuk
• Puan Siti Zakiah Binti Wagiman, Penolong Pegawai Daerah, PDT Larut, Matang dan Selama
• Encik Mohamad Aqriel Shazwan Bin Md Shahrudin, Penolong Pegawai Daerah, PDT Bagan Datuk
• Encik Shahrizal Jamalullail Bin Shahudin, Penolong Pegawai Daerah, PDT Batang Padang
• Puan Fadeliyaton Binti Ramli, Penolong Pegawai Undang-Undang, PDT Kuala Kangsar
• Puan Siti Munirah Binti Ibrahim, Penolong Pegawai Undang-Undang, PDT Larut, Matang dan Selama
• Puan Nur Rasyidah Binti Khalili, Penolong Pegawai Undang-Undang, PDT Manjung
• Encik Ahmad Hasan Salahuddin Bin Salleh, Penolong Pegawai Undang-Undang, PDT Batang Padang
• Puan Siti Junaida Binti Sulaiman, Penolong Pengarah Tanah dan Galian (Hakmilik 1)

(and other supporting officers from PTG/PDT)

Perak Bar Committee Representatives:

• Encik B.K Pillai, Pengerusi, Jawatankuasa Peguam Perak
• Dr. Saravanabavan Mathialagan, Bendahari, Jawatankuasa Peguam Perak
• Cik Tan Yin Fong, Jawatankuasa Peguam Perak
• Puan Nur Azean Lee Pooi Mun, Jawatankuasa Peguam Perak
• Puan Yiap Yee San, Jawatankuasa Peguam Perak
• Puan Phang Yuen Mun, Jawatankuasa Peguam Perak
• Puan Ruzitah Binti Sarbani, Jawatankuasa Peguam Perak

The following below is the summarize version of the minutes meeting :-

The meeting was convened to discuss and resolve arising issues reported by law firms in Perak. The PTG Director opened the meeting by acknowledging several key challenges:

• Registration Delays: The Director acknowledged the delays in presentation registration. He noted this was partly due to PTG accommodating the Bar’s request to accept all presentations without any limit, despite staffing levels not being proportionate to the volume.
• Registrar Vacancy: The processing delays and backlog were significantly exacerbated by the long-term vacancy of the Registrar post.
• Bumiputera Quota Policy: The Director also acknowledged the backlog of applications for MB Consent involving the Bumiputera quota, which is pending an official decision on a new policy.

The PBC Chairman thanked the PTG for the engagement and noted that all issues raised in the previous year’s discussion had been successfully resolved.

This minutes of meeting provides a full overview of the compliance mandates, procedural clarifications, and policy updates from the meeting.

2.0       CRITICAL COMPLIANCE MANDATES (ACTION REQUIRED FROM ALL FIRMS)

The PTG and PDT officers raised several critical procedural issues that are causing suspensions and rejections. PTG has indicated that stricter enforcement, including immediate rejection, will be applied to non-compliant submissions.

2.1       Instrument Format (Strict Adherence to Tenth Schedule)

• Issue: Many firms are still submitting instruments (e.g., Borang 14A, 16A, 16N) that do not follow the exact format stipulated in the Tenth Schedule of the National Land Code.
• Decision: PTG will take stricter action and will reject presentations that are incomplete or do not meet the format requirements. Errors on an instrument that require it to be taken out from PTG/PDT office for amendment will be rejected.

2.2       eTanah Email Address (Mandatory Update)

• Issue: A significant number of firm representatives have failed to update their email addresses in the eTanah system.
• Consequence: This is the primary reason firms do not receive decisions. When a presentation is suspended (digantung) for 14 days without the firm’s knowledge, it is subsequently rejected, leading to complaints.
• Compliance Requirement: All firms must ensure their primary, monitored email address is correctly updated in the eTanah system.

2.3       Document Quality (No Recycled Paper)

• Issue: Firms are submitting official document copies (e.g., IC, Passport, Birth Certificates) on used, recycled paper, which is sometimes unreadable.
• Compliance Requirement: All such copies must be submitted on new, clean paper.

2.4       LPHP Consent Accuracy

• Issue: Transfer Consents from LPHP (Lembaga Perumahan dan Hartanah Perak) are frequently submitted with spelling errors in key information (names, IC numbers, title numbers).
• Compliance Requirement: Firms must thoroughly check these documents before submission to avoid suspension or rejection.

2.5       Mandatory Use of eTanah for Searches

• Issue: Firms continue to queue at the counter for manual searches and title copies, which slows down service for the public.
• Compliance Requirement: All law firms are requested to use the eTanah system for all applications for Official Title Searches (Carian Rasmi Hakmilik) and Title Copies (Salinan Hakmilik). This will speed up the registrar’s tasks, allowing them to focus on registering presentations.

2.6       Staff Training and Competency

• Issue: PTG noted that some firm representatives and staff lack a full understanding of procedures, leading them to disrupt PTG staff from their daily tasks.
• Compliance Requirement: Firms are responsible for providing adequate training and exposure to their representatives and staff on all transaction and non-transaction matters.

2.7       Inquiries on Clear and Unenforceable Laws

• Issue: Firms continue to submit official inquiries (surat/e-mel) on matters that are clearly and unambiguously prohibited by law.
• Compliance Requirement: Firms are advised not to submit inquiries on such matters. The examples given were restrictions on Malay Reserve Land and the transfer of agricultural land less than 2/5 hectare (1 acre).

3.0       STANDARDIZATION & PROCEDURAL CONSISTENCY

A central theme of the discussion was the lack of procedural uniformity across different District Land Offices (PDTs) and the PTG.

3.1       Bar’s Request for “Rejection Guidelines”

• The PBC formally requested PTG to issue a comprehensive set of “Garis Panduan Pendaftaran Urusniaga dan Bukan Urusniaga yang boleh ditolak” (Guidelines for Transaction and Non-Transaction Registrations that can be rejected).
• This is intended to create a single, transparent, and standard set of rules for all offices and practitioners to follow, eliminating inconsistent rejections. (Party Responsible: PTG).

3.2       eTanah as the Standardizing Tool

• PTG’s main strategy for enforcing uniformity is the mandatory adoption of the eTanah system.
• The Director also noted that PTG is in the process of restructuring the Registration, Write, and Revenue Division to align with the eTanah system for improved work processes.

3.3       Evidence of Current Inconsistencies

Several issues highlighted the need for standardization:

• PDT Kinta/Batu Gajah: This PDT raised an issue of receiving notification of investigation date postponements from firms at very short notice, often just via email, which disrupts their planning. (Party Responsible: Perak Bar Committee).
• PDT Batang Padang (Auction Procedure): An issue was raised (in the Appendix) regarding a 6-month delay in registering an auction sale (Form 16I). The PTG Audit and Legal Division will review the relevant Land Administrator’s file.
• PDT Bagan Datuk (Auction Costs): An issue was raised regarding PDT Bagan Datuk charging an RM200 ‘kos siasat’ (investigation cost) for auction applications, which may contradict the NLC. This was noted as an inconsistency that will be escalated to the PTG Legal Advisory Division.

4.0       POLICY, PROCESSING & OPERATIONAL UPDATES

4.1       Strata Title Delays

• Issue: The Bar noted that the registration of strata titles is significantly slower than standard title registrations.
• Response: PTG acknowledged this, stating it was due to a shortage of staff in the strata division. However, the division has recently received one new staff member, and the process is expected to speed up. (Party Responsible: PTG).

4.2       Foreign Citizen Acquisition Consent

• Issue: The Bar requested a clear timeframe for decisions on foreign citizen acquisition consent.
• Response: PTG clarified there is no fixed timeframe as it depends on the State Authority’s Consent. The usual processing period is 3 months. If no decision is received after 90 days, firms are advised to contact the MB Consent Unit for follow-up.

4.3       Security: Forgery of MB Consent

• Issue: PTG informed the meeting that the administration had received a forged MB Consent submitted via a land transaction.
• Response: The PBC requested that if such incidents occur, the Bar Committee should be informed immediately. (Party Responsible: PTG).

4.4       PDT Ipoh Counter Operating Hours

• Issue: A query was raised (in the Appendix) regarding the registration counter closing at 3:30 PM while the office closes at 5:00 PM, and the limited hours on Fridays.
• Clarification: The official Firm/Agency Transaction Hours are:
   – Monday – Thursday: 8:00 AM – 3:00 PM
   – Friday: 8:00 AM – 12:00 PM
• Individual/Public hours are longer.

5.0       KEY DECISIONS FROM APPENDIX (SPECIFIC ISSUES)

5.1       Registrar’s Caveat (Fraud Cases)

• Issue: Firms reported that individual applications to enter a Registrar’s Caveat for fraud cases are often rejected without clear reasons.
• Decision: PTG clarified that the purpose of the caveat is to prevent fraud or improper dealing. Parties seeking a caveat are advised to file a report with the responsible authorities (e.g., police) to support their application. PTG also has a circular (Bil. 4/2022) on this for Land Administrators.

5.2       eTanah Portal Status Clarification

• Issue: The eTanah portal only shows “In Process” (Diproses) and does not show a “Suspended” (Gantung) status.
• Decision: This is the intended design. The only notification for a suspended presentation is the official email sent to the firm’s registered address. This reinforces the critical need for firms to update their email (see 2.2) and check it daily.

5.3       Discharge of Charge (PDT Kinta)

• Issue: A request was made for PTG to allow online presentation of discharge of charge applications.
• Decision: The Perak Bar is requested to submit a more detailed proposal to PTG Ipoh for review.

5.4       Bumiputera Quota Release

• Issue: A query on the status of quota release applications.
• Decision: All parties acknowledged that applications for Bumiputera Quota release are currently frozen by LPHP. However, this freeze does not affect applications under Section 298(2)(b) and Section 299 KTN. Members are advised to check the portal for updates on the policy.

6.0       CONCLUSION

The meeting was productive and demonstrated a clear willingness from PTG to resolve operational issues in collaboration with the Bar. The PTG Chairman and the PBC representative both expressed hope that such sessions would continue.

To ensure the success of these initiatives and improve the efficiency of the land registration system, all members are strongly urged to review the compliance mandates in Section 2.0 of this minutes of meeting and implement them immediately within their respective firms.

Thank you.

CELIA TAN YIN FONG

Chairperson
Conveyancing Sub Committee