Page:Agreement relating to Malaysia (1963).djvu/53






 * (10) In this section " modification " includes amendment, adaptation and repeal, and any power under this section to make modifications includes power to provide for savings and other transitional provisions.


 * 75. (1) Subject to sections 78 and 79, any land which on Malaysia Day is vested in a Borneo State or in the State of Singapore, and was on the preceding day occupied or used by the government of the United Kingdom or of the State, or by any public authority other than the government of the State, for purposes which on Malaysia Day become federal purposes, shall on and after that day be occupied, used, controlled and managed by the Federal Government or, as the case may be, the said public authority, so long as it is required for federal purposes ; and that land—


 * (a) shall not be disposed of or used for any purposes other than federal purposes without the consent of the Federal Government ; and


 * (b) shall not by virtue of this sub-section be used for federal purposes different from the purposes for which it was used immediately before Malaysia Day without the consent of the government of the State and, where it ceases to be used for those purposes and that consent is not given, shall be offered to the State accordingly.


 * (2) For the purposes of sub-section (1) " federal purposes " includes the provision of government quarters for the holders of federal office or employment ; but that sub-section shall not apply to any land by reason of its having been used by any government for providing government quarters other than those regarded by that government as institutional quarters.


 * (3) Property and assets other than land which immediately before Malaysia Day were used by the government of a Borneo State or of Singapore in maintaining government services shall be apportioned between the Federation and the State with regard to the needs of the Federal and State governments respectively to have the use of the property and assets for Federal or State services, and (subject to any agreement to the contrary between the governments concerned) a corresponding apportionment as at that date shall be made of other assets of the State (but not including land) and of the burden, as between the Federation and the State, of any financial liabilities of the State (including future debt charges in respect of those liabilities) ; and there shall be made all such transfers and payments as may be necessary to give effect to any apportionment under this sub-section.


 * (4) In this section references to the government of a State include the government of the territories comprised therein before Malaysia Day.