Malaysia legislation
Section 10
Section 10
Rights or privileges
The rights or privileges that may be claimed in an area to be constituted a forest reserve or protected forest shall be only those rights or privileges which have been enjoyed or exercised by or accrued to a native or his forefathers or a native community for an uninterrupted period beginning from a date prior to 1
st January, 1954
to the date of the notification referred to in section 8.
Claim 11.―(1) Any person who fails to submit a claim to any right or privilege in or over the land to be constituted a forest reserve or protected forest within the period stipulated in the notification, shall be deemed to have abandoned or waived such right or privilege and shall not be entitled to any payment of compensation under this Part.
(2)
A claim to such right or privilege may be submitted to the
Regional Forests Officer by him or by a Headman on his behalf and shall be made in writing and in such form as may be determined by the Director.
Enquiry into claim 12.―(1) The Regional Forests Officer shall, within sixty days upon the expiry date of the notification published under section 8(1)(b), conduct an enquiry into any claim or privilege in or over any land proposed to be constituted a forest reserve or protected forest.
(2)
In any such enquiry, the onus of proving the existence of any right or privilege claimed shall be on the claimant.
(3)
The Regional Forests Officer may call for and receive any evidence to verify, confirm or support any claim from any claimant or any public officer or any other person having knowledge of such claim. In the conduct of such enquiry, the Regional Forests Officer shall have the same powers to summon and examine witnesses as a
Magistrate.
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(4)
Where it is considered necessary and expedient, any enquiry conducted pursuant to this section may be held in public at such time and on such date as may be specified in a notice to be issued by the Regional Forests Officer.
Report 13.―(1) The Regional Forests Officer shall, upon conclusion of the enquiry, furnish a report thereof to the Director.
(2)
The report shall contain the notes of proceedings and evidence recorded at the enquiry together with such findings and recommendations, as the Regional Forests Officer may deem fit or proper to make.
Rights or privileges admitted, etc.