Rural Administration Ordinance Cap 132 Vol Iv

, (3), 14 (1), (2), (3),

28 (1)

1–1–1958

(G.N.S. 146/1957)

23/1959 2 (definition of

“local area”), 37 (1),

, 40 (1) (a), (c), (2),

, 47, 56 (1) (b)

17–12-1959 7/1960 15 (1) paras, (29),

, (31), (35), (36),

, (38), (39), (40)

1-1-1961

(G.N.S. 156/1960)

4

11/1961

Long title, 1, 2, 3,

4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16,

17, 18, 19, 20, 21, 22,

23, 24, 25, 26, 27, 28,

29, 30, 31, 32, 33, 34,

48, 49, 50, 51, 52, 56,

57, 58, 58, Sch.

1-1-1962

(G.N.S. 134/1961)

G.N.S. 87/1965 37 (2), 42 (f), 54 16-9-1963 19/1966 36, 40 (1), 55 (3)

28-12-1966 5/1968 35, 36 23-8-1968 20/1978 40 (1), 42 (c), 53, 54,

55 (1), (2), (3)

1-1-1979 10/1983

15/2023

40 (1), 42 (e), 43 (2),

53 (1), (2), 54, 55

New Part IIIA

1-1-1984

1-1-2024

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To make provisions for the administration of rural areas and the powers, duties and responsibilities of Native Chiefs and Headmen.

[6th December, 1951.]

The District Officer or Local Authority shall appoint the chairman of the committee established under this section.

A member of the committee shall hold office for such term as the District Officer of Local

Authority may specify in his letter of appointment.

The District Officer of Local Authority may, at any time, with the approval of the Minister, revoke the appointment of any member of a committee.

A member of the committee may resign by giving a notice in writing of not less than three months to the chairman of the committee and in the case of the chairman, to the District Officer or Local Authority.

The committee shall be subject to and act in accordance with any direction given by the

District Officer or Local Authority.

The committee shall meet at such times and places as the chairman of the committee may determine.

The members of the committee may be paid such allowances as the Minister may determine.

The committee shall cause minutes of all its meetings to be maintained and kept in proper form, and copies of the minutes shall be submitted by the committee to the District Officer or Local

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Authority as soon as practicable.

For the purposes of this section –

“District Officer” shall include Assistant District Officer where the committee is established in a sub-district; and

“Minister” means the Minister charged with the responsibility of rural development.

It shall be the duty of every native, when thereto required by any Native Chief or

Headman having jurisdiction over him, to assist in carrying out the duties imposed upon such

Native Chief or Headman by this or any other written law or native custom for the time being in force; and every native so required by a Native Chief or Headman shall be deemed to be empowered to do all that may be reasonably necessary to give effect to any lawful order given by such Native Chief or Headman.

In this section and in sections 38 and 40 the word “native” shall have the meaning assigned thereto in the Interpretation (Definition of Native) Ordinance [Cap. 64.] and shall further include any person within Sabah one at least of whose parents is or was a member of a people indigenous to Brunei, Sarawak, the States of Malaya, Singapore, the Cocos-keeling

Islands, Indonesia or the Sulu group of the Philippine Islands.

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Duty to attend before Government officers and others when so directed.

It shall be the duty of every native, when so directed by a Native Chief or Headman having jurisdiction over him, to attend before such Native Chief or Headman or before a

Government officer.

Any person who, when lawfully so directed to attend before any such Native Chief or Headman, shall, without reasonable excuse, neglect or refuse to attend as and when directed, may be arrested by or under the order of the Native Chief or Headman and taken before such Native Chief or Headman.

Powers of Native Chiefs and Headmen.

to search for, arrest and investigate the case of any person accused of any offence and to send him in custody to the District Officer together with any property concerned which may have been recovered;

to call upon any person who ordinarily resides within the area of his jurisdiction to assist him in the execution of his duties, due payment for the same being thereafter made.

Powers to give orders to prevent famine.

Whenever in the area of the jurisdiction of any Native Chief or Headman there is or is likely to be such shortage of food that in his opinion a famine exists or is likely to ensue, he may, subject to the directions of the Permanent Secretary to the Ministry of Social Services

(hereinafter referred to as the ''Permanent Secretary''), issue orders within the local limits of his jurisdiction-

If a Native Chief or Headman shall accompany any natives required under this section to move to a place where they can be more conveniently fed, such Native Chief or

Headman shall continue to exercise his authority over such natives.

(Repealed).

Arrival and departure of non-residents to be notified.

If any person shall come to stay in a village in which he is not a resident, he and the person in whose premises or boat he is living shall immediately on his so coming report to the Native Chief or Headman his arrival, name and occupation and the name of the place where he last resided, and the departure of such person whose arrival shall have been so reported shall also be reported, immediately upon such departure, to the Native Chief or

Headman by the person in whose house or boat he has been dwelling.

No person unless he be a resident of a village shall build any house, hut or enclosure or take up his residence in such village without the permission of the Native Chief or Headman and the approval of the Local Authority or, where no such Authority has been established, of the District Officer.

General duties of Native Chiefs and Headmen.

communicate forthwith to the District Officer any information which he may obtain respecting-

the presence of any person whom he may reasonably believe to be an escaped convict, proclaimed offender or notoriously bad character;

assist generally the officers of the Government and of the Local Authority in the execution of their duties, and in particular in the preservation of the peace, the prevention and punishment of crime, the detection and arrest of offenders, and the prevention and suppression of disease and vice;

aid in the collections of revenue and moneys due to the Government and to the

Local Authority as and when required by the District Officer or Local Authority;

generally assist all Government officers and all officers of the Local Authority in the execution of their duties;

keep such official records as may be directed by the District Officer or the Local

Authority;

perform any other duties imposed on him by the Yang di-Pertua Negeri* for the good government or defence of Sabah.

Subject to the provisions of subsection (3) any police officer. Native chief or Headman may arrest without warrant any person who commits any offence against the provisions of this

Ordinance or of any by-law made thereunder.

Subject to the provisions of subsection (3) any servant of a Local Authority in uniform, or wearing any visible badge of office and authorised in writing for the purpose by a

Magistrate of the area of jurisdiction of the Local Authority, may arrest without warrant any

* Throughout the Ordinance “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of

Enactment No. 17 of 1976.

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person who in his presence commits any such offence and may detain such person for such time as may be reasonably necessary to deliver him into the custody of a police officer, village constable, Native Chief or Headman or to take him before a court to be dealt with according to law.

The powers conferred by subsections (1) and (2) shall only be exercised if the person proposing to arrest or detain any such person has reasonable grounds for believing that such person will not attend a court in response to any process issued against him.

Offences.

Any person who wilfully obstructs any member, officer, or servant of a Local

Authority or any Native Chief or Headman in the execution of his duty as such;

any occupier of premises who prevents the owner of such premises from complying with any of the requirements of a Local Authority;

any occupier of premises who, on demand, refuses or wilfully omits to disclose or wilfully mis-states the name of the owner of such premises;

shall be guilty of an offence and shall be liable, on conviction therefor, to a fine of two hundred ringgit or to imprisonment for three months.

46-50. (Repealed).

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Whenever in the opinion of the Permanent Secretary any order should be issued which a Local Authority, Native Chief or Headman is empowered to issue by virtue of the provisions of section 40, the Permanent Secretary may direct the Local Authority, Native Chief or Headman to issue and enforce any such order, and if such Authority, Native Chief or

Headman shall neglect or refuse to issue the order when so directed, the Permanent Secretary may himself issue such order, and thereupon such order shall have the same force and effect as if it had been issued by such Authority, Native Chief or Headman.

Whenever the Permanent Secretary is of opinion that any order issued by a Local

Authority, Native Chief or Headman should not have been issued or should not be enforced, he may direct such Authority, Native Chief or Headman to revoke such order or to refrain from enforcing such order, or may himself revoke such order.

Power of District Officers and Local Authorities to impose fines for certain offences.

colluded with or harboured criminals;

suppressed or attempted to suppress evidence in any criminal case;

and may award a portion of any fine so imposed as compensation to any person shown to have suffered damage resulting therefrom.

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Powers to require certain persons to remove from place of residence.

When a District Officer or the Local Authority has reason to believe on the report of a Native Chief or Headman or otherwise that a person residing in any place is in the habit of harbouring, aiding or abetting criminals or has taken up his residence in any place for the purpose of such harbouring, aiding or abetting he may with the approval of the State Secretary require such person to leave that place within a reasonable time and prohibit him from returning thereto.

A District Officer or the Local Authority may order any person to leave any village or area of which he is not a resident and may prohibit him from returning to such village or area, without a permit in writing from the State Secretary.

(Deleted).

56-59. (Repealed).