Malaysia legislation
Section 1958
Section 1958
(3)
(a)
Any native customary rights may be extinguished by direction issued by the Minister which shall be—
(i)
published in the Gazette and one newspaper circulating in Sarawak; and
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(ii)
exhibited at the notice board of the District Office for the area where the land, over which such rights are to be extinguished is situated, and on the date specified in the direction, the native customary rights shall be extinguished and the land held under such rights shall revert to the Government:
Provided that where such rights are extinguished in pursuance of this section compensation shall be paid to any person who can establish his claims to such rights in accordance with paragraphs (b)
and (c); or other land over which such rights may be exercised may be made available to him with or without the payment of additional compensation whether for disturbance, or for the costs of removal, or otherwise.
(b)
Any person who desires to make any claim for compensation must submit his claim with evidence in support thereof to the Superintendent, in a form to be prescribed by him, within such period as may be stipulated in the direction issued by the Minister under paragraph (a), provided that the period so stipulated shall not be less than sixty days from the date of publication or exhibition thereof.
(c)
No claim for compensation for extinguishment of native customary rights shall be entertained by the Superintendent unless such claim is submitted within the period stipulated in paragraph (b).
[Sub. Cap. A42.]
(4)
(a)
Any person who is dissatisfied with any decision made by the Superintendent under subsection (3) on the ground that—
(i)
his claim to native customary rights has been rejected or not recognised by the Superintendent;
(ii)
the allocation of land over which such rights are to be exercised, is inadequate or inequitable; or
(iii)
the amount or apportionment of compensation is inadequate, unfair or unreasonable, may within twenty-one days from the date of receipt of the decision of the Superintendent, by notice in writing addressed to the
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Superintendent, require the matter to be referred to arbitration in accordance with section 212.
(b)
Upon receipt of the notice of arbitration, the
Superintendent shall direct that any compensation payable to the person who desires to have his claim or matter referred to arbitration, to be deposited in the High Court, pending the outcome of such arbitration proceedings.
[Sub. Cap. A42.]
(5)
Subsection (3) shall apply whether the land over which the customary rights are exercised is required for a public purpose or the extinction of such rights is expedient for the purpose of facilitating alienation, but shall have no application to cases in which the Forests
Ordinance [Cap. 126 (1958 Ed.)], the National Parks and Nature
Reserves Ordinance, 1998 [Cap. 27], or any other written law, including Part V, makes other provision for the extinguishment thereof.
[Ins. Ord. No. 2/74.]
(5A)
Any inheritance, acquisition, purchase, transfer, sale or disposal of or other dealing in land over which native customary rights subsist made or occurring prior to the date of coming into force of paragraph (i) of the proviso in subsection (2), and which:—
(a)
has not been invalidated or declared unlawful or null and void by a Court of competent jurisdiction; or
(b)
is not the subject matter of any proceeding pending in such Court.
shall have effect as if such inheritance, acquisition, purchase, transfer, sale or disposal of or other dealing in land had been made or occurred pursuant to the provision thereof.
[Add. Cap. A166]
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(6)
The Majlis Mesyuarat Kerajaan Negeri may make rules for the assessment of compensation payable for extinguishment of native customary rights under this section and section 15.
[Am. Cap. A59.]
(7)
Whenever any dispute shall arise as to whether any native customary rights exists or subsists over any State land, it shall be presumed until the contrary is proved, that such State land is free of and not encumbered by any such rights.
[Ins. Cap. A42; Am. Cap. A59.]
Native Communal Reserves