Malaysia legislation
Section 6A
Section 6A
(2)
Any claim under subsection (1) shall be made to the
Superintendent in such form as may be provided by the Director with all evidence in support of such claim:
Provided that—
(a)
any area claimed as native territorial domain shall not exceed five hundred hectares; or
(b)
the Minister may, with the approval of the Majlis
Mesyuarat Kerajaan Negeri in accordance with the Rules made herein, allow a claim of up to one thousand hectares.
(3)
If the Director approves the claim, the Superintendent shall issue a native communal title, describing the area as a native territorial domain, which shall be used exclusively by the native community for agricultural purpose or such other purposes as may be approved by the
Majlis Mesyuarat Kerajaan Negeri and subject to any other terms and conditions that the Director may impose:
Provided that the native communal title shall—
(a)
be issued in the name of a person or body of persons who shall hold the native territorial domain in trust for the native community named in the native communal title in accordance with rules made hereunder;
(b)
be in perpetuity, free of any premium, rent or other charges; and
(c)
not be assigned or transferred to any person who is not a member of the native community named therein.
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(4)
In the event that the Director rejects the claim, any person aggrieved by his decision may within thirty days from the date when the decision of the Director is conveyed to him, appeal to the Minister who shall consider the appeal.
(5)
Where any question shall arise as to whether any person is a member of the native community named in the native communal title issued under subsection (3), the person or body of persons in whose name the native communal title is issued shall refer the same to the District Native Court for a decision, and such reference shall be instituted and dealt with in accordance with rules made under the
Native Courts Ordinance, 1992 [Ord. No. 9/92].
(6)
Any claim for a native territorial domain shall not be made or allowed in respect of any area or land where, before the coming into force of this section, there is a final decision by a court of competent jurisdiction that no usufructuary rights have subsisted or have been lost or abandoned by members of the native community making that claim.
[Add. Cap. A179]
Government Reserves