ABORIGINAL PEOPLES ACT 1954

Aboriginal Peoples LAWS OF MALAYSIA REPRINT Act 134 ABORIGINAL PEOPLES ACT 1954 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 ABORIGINAL PEOPLES ACT 1954 First enacted … ... ... ... ... … 1954 (Ordinance No. 3 of 1954) Revised 1974 (Act 134 w.e.f. 1 July 1974) … … … … … ... … PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1995 2000 3 LAWS OF MALAYSIA Act 134 ABORIGINAL PEOPLES ACT 1954 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Definition of aborigine 4. Administration of aborigines 5. Appointment of Director General and Deputy Director Generals 6. Aboriginal areas 7. Aboriginal reserves 8. Rights of occupancy 9. Dealings in land by aborigines 10. Aboriginal communities not obliged to leave areas declared Malay Reservations, etc. 11. Compensation on alienation of State land upon which fruit or rubber trees are growing 12. Compensation 13. Compulsory acquisition of land for aboriginal areas or reserves 14. Exclusion of persons from aboriginal areas and aboriginal reserves 15. Removal of undesirable persons 16. Headman 17. Aborigines not to be excluded from any school 18. Aboriginal children not to be adopted, etc. 19. Regulations SCHEDULE 4 Laws of Malaysia ACT 134 5 Aboriginal Peoples LAWS OF MALAYSIA Act 134 ABORIGINAL PEOPLES ACT 1954 An Act to provide for the protection, well-being and advancement of the aboriginal peoples of Peninsular Malaysia. [25 February 1954] Short title and application 1. (1) This Act may be cited as the Aboriginal Peoples Act 1954. (2) This Act shall apply only in Peninsular Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “aboriginal area” means an aboriginal area declared to be such under this Act; “aboriginal community” means the members of one aboriginal ethnic group living together in one place; “aboriginal ethnic group” means a distinct tribal division of aborigines as characterised by culture, language or social organization and includes any group which the State Authority may, by order, declare to be an aboriginal ethnic group; “aboriginal inhabited place” means any place inhabited by an aboriginal community but which has not been declared to be an aboriginal area or aboriginal reserve; “aboriginal language” includes any language and such dialectal modifications or archaic forms of the language as any aborigines habitually use; 6 Laws of Malaysia ACT 134 “aboriginal racial group” means one of the three main aboriginal groups in Peninsular Malaysia divided racially into Negrito, Senoi and Proto-Malay; “aboriginal reserve” means an aboriginal reserve declared to be such under this Act; “aboriginal way of life” includes living in settled communities in kampungs either inland or along the coast; “alienated” in relation to land has the meaning assigned to it in the written law relating to land in force in Peninsular Malaysia; “Director General” means the Director General for Orang Asli Affairs appointed under section 5; “Deputy Director General” means a Deputy Director General for Orang Asli Affairs appointed under section 5. Definition of aborigine 3. (1) In this Act an aborigine is— (a) any person whose male parent is or was, a member of an aboriginal ethnic group, who speaks an aboriginal language and habitually follows an aboriginal way of life and aboriginal customs and beliefs, and includes a descendant throught males of such persons; (b) any person of any race adopted when an infant by aborigines who has been brought up as an aborigine, habitually speaks an aboriginal language, habitually follows an aboriginal way of life and aboriginal customs and beliefs and is a member of an aboriginal community; or (c) the child of any union between an aboriginal female and a male of another race, provided that the child habitually speaks an aboriginal language, habitually follows an aboriginal way of life and aboriginal customs and beliefs and remains a member of an aboriginal community. (2) Any aborigine who by reason of conversion to any religion or for any other reason ceases to adhere to aboriginal beliefs but who continues to follow an aboriginal way of life and aboriginal Aboriginal Peoples 7 customs or speaks an aboriginal language shall not be deemed to have ceased to be an aborigine by reason only of practising that religion. (3) Any question whether any person is or is not an aborigine shall be decided by the Minister. Administration of aborigines 4. The Director General shall be responsible for the general administration, welfare and advancement of aborigines: Provided that nothing in this section shall be deemed to preclude any aboriginal headman from exercising his authority in matters of aboriginal custom and belief in any aboriginal community or any aboriginal ethnic group. Appointment of Director General and Deputy Director Generals 5. (1) The Yang di-Pertuan Agong may appoint a Director General for Orang Asli Affairs, and as many Deputy Director Generals for Orang Asli Affairs and other officers as he may consider necessary for the purposes of this Act. (2) It shall be lawful for the Director General to do all acts reasonably necessary and incidental to or connected with the performance of his functions under this Act including the conducting of research into any aspects of aboriginal life. (3) All the powers of the Director General under this Act shall be exercisable by the Deputy Director Generals. (4) Every person appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Aboriginal areas 6. (1) The State Authority may, by notification in the Gazette, declare any area predominantly or exclusively inhabited by aborigines, which has not been declared an aboriginal reserve under section 7, to be an aboriginal area and may declare the area to be divided into one or more aboriginal cantons: 8 Laws of Malaysia ACT 134 Provided that where there is more than one aboriginal ethnic group there shall be as many cantons as there are aboriginal ethnic groups. (2) Within an aboriginal area— (i) no land shall be declared a Malay Reservation under any written law relating to Malay Reservations; (ii) no land shall be declared a sanctuary or reserve under any written law relating to the protection of wild animals and birds; (iii) no land shall be alienated, granted, leased or otherwise disposed of to persons not being aborigines normally resident in that aboriginal area or to any commercial undertaking without consulting the Director General; and (iv) no licences for the collection of forest produce under any written law relating to forests shall be issued to persons not being aborigines normally resident in that aboriginal area or to any commercial undertaking without consulting the Director General and in granting any such licence it may be ordered that a specified proportion of aboriginal labour be employed. (3) The State Authority may in like manner revoke wholly or in part or vary any declaration of an aboriginal area made under subsection (1). Aboriginal reserves 7. (1) The State Authority may, by notification in the Gazette, declare any area exclusively inhabited by aborigines to be an aboriginal reserve: Provided— (i) when it appears unlikely that the aborigines will remain permanently in that place it shall not be declared an aboriginal reserve but shall form part of an aboriginal area; and (ii) an aboriginal reserve may be constituted within an aboriginal area. Aboriginal Peoples 9 (2) Within an aboriginal reserve— (i) no land shall be declared a Malay Reservation under any written law relating to Malay Reservations; (ii) no land shall be declared a sanctuary or reserve under any written law relating to the protection of wild animals and birds; (iii) no land shall be declared a reserved forest under any written law relating to forests; (iv) no land shall be alienated, granted, leased or otherwise disposed of except to aborigines of the aboriginal communities normally resident within the reserve; and (v) no temporary occupation of any land shall be permitted under any written law relating to land. (3) The State Authority may in like manner revoke wholly or in part or vary any declaration of an aboriginal reserve made under subsection (1). Rights of occupancy 8. (1) The State Authority may grant rights of occupancy of any land not being alienated land or land leased for any purpose within any aboriginal area or aboriginal reserve. (2) Rights of occupancy may be granted— (a) to— (i) any individual aborigine; (ii) members of any family of aborigines; or (iii) members of any aboriginal community; (b) free of rent or subject to such rents as may be imposed in the grant; and (c) subject to such conditions as may be imposed by the grant, and shall be deemed not to confer on any person any better title than that of a tenant at will. 10 Laws of Malaysia ACT 134 (3) Nothing in this section shall preclude the alienation or grant or lease of any land to any aborigine. Dealings in land by aborigines 9. No aborigine shall transfer, lease, charge, sell, convey, assign, mortgage or otherwise dispose of any land except with the consent of the Drector General and any such transaction effected without the Directors General’s consent shall be void and of no effect. Aboriginal communities not obliged to leave areas declared Malay Reservations, etc. 10. (1) An aboriginal community resident in any area declared to be a Malay Reservation, a reserved forest or a game reserve under any written law may, notwithstanding anything to the contrary contained in that written law, continue to reside therein upon such conditions as the State Authority may by rules prescribe. (2) Any rules made under this section may expressly provide that all or any of the provisions of such written law shall not have effect in respect of such aboriginal community or that any such written law shall be modified in their application to such manner as shall be specified. (3) The State Authority may be order require any aboriginal community to leave and remain out of any such area and may in the order make such consequential provisions, including the payment of compensation, as may be necessary. (4) Any compensation payable under subsection (3) may be paid in accordance with section 12. Compensation on alienation of State land upon which fruit or rubber trees are growing 11. (1) Where an aboriginal community establishes a claim to fruit or rubber trees an any State land which is alienated, granted, leased for any purpose, accupied temporarily under licence or otherwise disposed of, then such compensation shall be paid to that aboriginal community as shall appear to the State Authority to be just. Aboriginal Peoples 11 (2) Any compensation payable under subsection (1) may be paid in accordance with section 12. Compensation 12. If any land is excised from any aboriginal area or aboriginal reserve or if any land in any aboriginal area is alienated, granted, leased for any purpose or otherwise disposed of, or if any right or privilege in any aboriginal area or aboriginal reserve granted to any aborigine or aboriginal community is revoked wholly or in part, the State Authority may grant compensation therefor and may pay such compensation to the persons entitled in his opinion thereto or may, if he thinks fit, pay the same to the Director General to be held by him as a common fund for such persons or for such aboriginal community as shall be directed, and to be administered in such manner as may be prescribed by the Minister. Compulsory acquisition of land for aboriginal areas or reserves 13. When any immovable property, not being State land, is needed to be acqu