Section 3 — MAJLIS ADAT ISTIADAT SARAWAK ORDINANCE, 1977 ( Ord. No. 5/77 )

(a)

to advise the Yang di-Pertua Negeri and the Majlis

Mesyuarat Kerajaan Negeri on all matters relating to the native system of personal law and adat of the natives in Sarawak;

(b)

to review from time to time the customary laws of the natives and make recommendations to the Majlis Mesyuarat

Kerajaan Negeri relating to their application, codification, publication and enforcement;

(c)

to recommend to the Majlis Mesyuarat Kerajaan

Negeri on the deletion or abolition of any adat the practice of which is, in the opinion of the Majlis, detrimental to the progress of any

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native community or if the adat is found to be inconsistent with any other State law;

(d)

to explain and promote better understanding and appreciation of the adat, cultures, traditions and history of the various native communities in Sarawak;

(e)

to maintain and keep records, publications and other documents containing customary laws and adat of the natives;

(f)

to promote research and study into the customary laws and adat of the natives;

(g)

to perform such other functions and duties as may be vested or conferred by any other written laws on the Majlis; and

(h)

to carry out and perform such other functions and duties as the Yang di-Pertua Negeri may, by notification in the

Gazette, direct.

[Sub. Cap. A96.]

(2)

Subject to the prior approval of the Chief Minister, the

Majlis shall have power to do all things expedient or reasonably necessary or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—

(a)

to initiate preliminary studies and research into the various adat of the natives and make recommendations to the

Yang di-Pertua Negeri on the need to standardize and codify the adat;

(b)

to conduct study and research on such matters as the

Majlis may think fit;

(c)

to control and co-ordinate all activities relating to research on customary law and adat of the natives;

(d)

to provide facilities for research and reference;

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(e)

to co-operate with or to give assistance to any person or body of persons undertaking research or study on the customary law and adat of the natives;

(f)

to promote and to carry out programmes for study and research on the customary law and adat of the natives;

(g)

to maintain liaison with other bodies, both public and private, which are engaged in the study and research concerning the customary law and adat of the natives;

(h)

to hear and resolve conflicts and disputes on matters relating to the adat of the natives;

(i)

to furnish guidance in the interpretation of customary law and adat of the natives;

(j)

to do all acts which the Chief Minister considers desirable or expedient.

(3)

Without prejudice to subsection (1) or (2), it shall also be the functions of the Majlis to advise any person or body of persons, either on its own motion or on being referred to it by such person or body of persons, on matters relating to the customary law and adat of the natives, and shall in all such matters be the authority in Sarawak:

Provided that, the Majlis shall, before giving any advice under this subsection, consult the State Attorney General whose opinion on any legal issue that may be contained or raised in the advice shall be taken into consideration by the Majlis.

(4)

The Majlis shall be responsible to the Chief Minister and the Chief Minister may, from time to time, issue directives on any aspect of the functions of the Majlis and such directives shall be binding on the Majlis.

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Members of the Majlis