Malaysia legislation

Section 11

of Native Courts Ordinance, 1992 ( Ord. No. 9/92 )

Section 11

⎯(1) Subject to section 23(4), the following penalties may be imposed by the courts specified respectively:

(a)

District Native Court

Imprisonment not exceeding two years and a fine not exceeding five thousand ringgit;

(b)

Chief’s Superior Court Imprisonment not exceeding one year and a fine not exceeding three thousand ringgit;

(c)

Chief’s Court

Imprisonment not exceeding six months and a fine not exceeding two thousand ringgit;

(d)

Headman’s Court

Fine not exceeding three hundred ringgit:

Provided that where jurisdiction is given to a Native Court to award compensation in excess of the fines prescribed herein, a Native

Court may, notwithstanding anything herein, award the full compensation authorized under the Adat Iban or any other customary law by whose custom the court is bound.

(2)

[Deleted by Cap. A87.].

(3)

Nothing in this section or section 5 shall empower a Native

Court to try a case which, under the Adat Iban or any other customary law by whose custom the court is bound, it is not empowered to try.

(4)

If the Yang di-Pertua Negeri is satisfied that the pecuniary penalties from time to time sanctioned by any native system of personal law for the appropriate Native Court are greater than those sanctioned by this Ordinance, or if he is satisfied that the imposition of increased pecuniary penalties approved or deemed approved under the Native Customs (Declaration) Ordinance, 1996 [Cap. 22], or any enactment replacing it may be entrusted to any Native Court, he may by order signified in the Gazette empower the appropriate Native

Court or such Native Court as he may deem appropriate to impose such greater pecuniary penalties, subject to such limitations as are imposed under the Native Courts (Criminal Jurisdiction) Act 1991

[Act 471].

[Am. Cap. A87; Am. Cap. 22.]

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