SABAH NATIVE CUSTOMARY RIGHTS

ISBN 978-983-3519-33-0
Author: Nasser Hamid / Ram Singh
Binding: Softcover / 588 pages
The law is stated as of June 1, 2012

INTRODUCTION

Native Peoples Rights - Native Title 1

Principles of Native Titles 1

Rights Embodied in Native Title Rights to Property 2

Property- Meaning of Article 13 of the Federal Constitution 4

Native Customary Rights Right to Livelihood 4

Rights Embodied in Native Title Rights of Disposition 5

United Nations Declaration on the Right of Indigenous Peoples 5

Aboriginal Rights to Land Malaysia 7

Nature of Crowns Rights over Native Customary Rights 8

Native Customs & Land 9

Native Customary Laws 10

Customary Laws - Meaning of 10

Native Customs v Native Customary Laws 11

Customary Laws Affecting Natives 12

Administration of Native Law 13

Legal Status of Native Customary Rights 14

Native Customary Rights - Recognition of Occupation of Land by Assistant Collector of Land Revenue
Effect of 15

Native Customary Rights -Unalieanated State Land 15

Offence under Forest Enactment 15

Authority to Remain on Forest Reserve 16

Right to Possession of the Land - Interest in Land 16

Summary Procedure under Order 89 16

SABAH 17

Introduction 17

Claim to Land 17

Alienation of Land 17

Unlawful Occupation of State Land 18

Decision of the Director of Lands and Surveys 18

Registration - Section 88 of the Land Ordinance (Cap 68) 18

Doctrine of Indefeasibility of Title - Sabah 19

Application for State Land 19

Land Application 23

Consent or Licence to Occupy Land 23

Adverse Possession 23

Squatters 24

Application for Recovery of Land Order 89 Rule 1 of the RHC 24

Civil Proceedings against the Government 24

NATIVE CUSTOMARY RIGHTS 25

Development of Native Customary Rights: Source: Owen Rutter 26

State Acquisition of Radical or Ultimate Title 27

Native Meaning of 27

Who are the Natives of Sabah? 28

Native Certificates 29

Native Law or Custom 29

Protection of Native Rights to Land - Proclamation No. III of 1889 30

Native Land Tenure 31

Native Land Rights under the Land Ordinance (Sabah) (Cap.68) 33

Native Customary Rights 33

Customary Tenure - Indefeasible right of use and occupancy 33

Native Customary Laws - The Native Courts (Native Customary Laws) Rules 1995 34

Inherent jurisdiction of Native Court 35

Native Law or Custom 35

Breaches or Offences against Native Law or Custom 35

Claim Procedure for Native Customary Rights 36

Claims to Native Customary Rights 36

Native Reserve Permits to Occupy Native Reserve 37

Customary Tenure over Land Legal Effect 37

Forest Produce Natives Rights 37

Claimants of NCR Section 13 Notice - Duty of Collector Notice 38

Determination of Native Customary Rights Jurisdiction - Native Customary Rights Lack of Original
Jurisdiction 38

Appeal from Decision or Order of the Collector of Land Revenue 41

Native Courts Jurisdiction 42

Nature of Dispute between Parties Jurisdiction of High Court or Native Court 42

Jurisdiction of High Court to Grant Ownership of Land 42

Native Courts Appeals from Orders of Native Courts 44

Remedies 44

Penggunaan Tatacara/Procedure Jenayah Keatas Oral Asal Kususnya Dalam Pembelaan Hak Tanah
Adat 44