Malaysia legislation

Section 4

of Majlis Hal Ehwal Anak Negeri Sabah Enactment 1998

Section 4

(1)

The objects of the Council shall be—

(a)

generally to advise the State Government on all matters pertaining to the native system of personal law and adat in Sabah;

(b)

to examine the various adat of the natives and make recommendations for their application and enforcement;

(c)

to review from time to time the customary laws of the natives and make recommendations for their amendments;

(d)

to work towards the abolition of non-productive adat which is detrimental to the progress of the State;

(e)

to explain or elucidate the different forms of adat of the natives; and

(f)

to serve as a centre for the collection and dissemination of information and advice on the adat of the natives.

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(2)

The Council in carrying out its objects 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 State Government on the need to standardize and codify the adat;

(b)

to conduct study and research on such matters relating to the customary laws and adat of the natives as the Council may think fit;

(c)

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

(d)

to provide facilities for research and reference;

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(3)

Without prejudice to subsection (1) or (2), it shall also be the function of the

Council to advise any person or body of persons, either on its own motion or on being

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referred to it by such person or body of persons, on matters relating to the customary laws and adat of the natives, and shall in all such matters be the authority in the State.

(4)

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

Powers of the Council.

Section 4 — Majlis Hal Ehwal Anak Negeri Sabah Enactment 1998