Skip to content

Section 51

of Native Courts Native Customary Laws Rules 1995

State Subsidiary LegislationIn forceProvision 51 of 58

Section 51

(1)

Any person who, without reasonable excuse or lawful authority, removes, alters, defaces or cuts any communal dam or embankment, which is collectively built and used by the residents of any village, so as to render such dam or embankment less fit for the purpose for which it is built and used commits a breach of native customary law and shall be liable -

(i)

to pay sogit of 1 head of livestock or other things of equivalent value in accordance with adat fine; or

(ii)

in default thereof -

(a)

to a fine not exceeding 100 ringgit; or

(b)

to an imprisonment for a term not exceeding 1 week; or

(c)

to both fine and imprisonment.

(2)

Any payment of sogit under this rule shall be given to the Headman of the village who shall distribute such sogit in equal proportion to the head of every family normally residing in such village.

(3)

This rule shall not apply to any person who is bound to execute lawful warrant or order issued or made in the exercise of the jurisdiction conferred by this Enactment or any other written law.

29

Disturbance to customary signification of property.