94 Chapter 6 | FINDINGS - SABAH were they given a copy of the agreement beforehand. W10 believed such a ceremony and the giving of cash was organised to lure people to agree without their full knowledge of the situation. 6.76 While the beneficiaries are listed in the CTs, they do not know the actual location of their plot of land within the CT as this is not specified. When a joint-venture agreement is signed between the beneficiaries and the JV company, the beneficiaries are not expected to work on his/her plot, and allegedly not allowed to enter the area. The Inquiry finds that in one generation, the beneficiary and the heir to the plot of land would lose their link to the land. This could prove to be detrimental to natives claiming NCR to land as Malaysian courts do require proof of a continuous use of and link to the land in question. SPECIAL TERMS (For the issuance of Communal Title) The said land is demised herein expressly as a Communal Title for the purpose of cultivation of agricultural crops of economic value. The said land shall be cultivated, developed and maintained in accordance with good husbandry practice as stated hereunder throughout the whole period of tenure of the said land. Only plants or trees approved by the Director of Agriculture shall be cultivated or planted on said land. The Collector shall act as Trustee for said land for the beneficiaries. Transfer or charge of said land is prohibited. Sublease of the said land is prohibited except to a State Government agency, a company or body corporate registered under Malaysia (sic) law, which shall be first approved by the Director of Lands and Surveys with the sanction by the Minister. Subdivision of the said land is prohibited except with the written permission of the Director of Lands and Surveys. The Government may at any time, excise from any lot, an area for use and benefit of the community without compensation. The beneficiaries shall at all times comply with the directions of the Collector in relation to the use and occupation of the said land by the beneficiaries and their families and also in all matters relating to rights of way, drainage, irrigation canal, bridges or any other easements and allocation of lots shall determine any lot boundary disputes. The addition, removal or replacement of any beneficiary to the said land shall be subject to the approval of the Director of Lands and Surveys upon due enquiry by Collector. No dealings by the beneficiaries of their interest shall be recognized unless and until approved by the Director of Lands and Surveys and no beneficiary or other person shall have any caveatable interest over the said land save in respect of an interest claimed by the Government. Source: flyer entitled ‘Special Terms’. Department of Land and Survey, undated. chapter 6_a4.indd 94 7/5/13 6:47 PM