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Thursday, September 27, 2012

CLAIMS AFTER 1930 DON'T COME UNDER NCR?




KOTA KINABALU: Claims of customary land beyond the 1930 Land Ordinance will not be included under Native Customary Rights (NCR) but opened and treated as new land applications.

Land and Survey Department Director Datuk Osman Jamal said the limit of the NCR claim has been effected by Section 5, 6(1) and 88 of the Sabah Land Ordinance (SLO), whose meaning many parties have wrongly defined.
"In these three sections beginning December 13, 1930, Government land and reserves in this State will be handed its full rights to the government.

With this, any illegal settlement on government land (despite how long the tenure was) or settlement with temporary stay authorisation could not make any claim, grant, importance or shape any rights to demand ownership on the land from the government.

"Rights, grant interest or business on the land will only be legitimate after it is registered in line with this Ordinance, except for ownership of lands that are still under the native customary rights for generations," he said.

However, he added, the department would still receive claims and consider customary land based on a seven-tier method of definition. These are:

- Legitimate ownership of settlement or cultivation for three years in a row;

- Land planted with fruits with more than 50 and above in a hectare;

- Unplanned cultivation of fruits, sago, rattan and any plants which have economic value and is proven that its produce are treated as a personal belonging of the natives;

- Active grazing land for animals;

- Land that has been cultivated and developed in a three year period;

- Religious and graveyard areas; and

- Pathway made for humans and animals from rivers, roads, houses.

"Under Section 14 of the SLO, the natives can make claims in writing.

The officers in the Collector of Land Revenue Office can open an investigation docket and insert all the documents containing strong proof and forward it to the Land and Survey Office for a land hearing," he said, during a media dialogue here.

He added even with the application and strong proof it could still be rejected but that natives could still forward and appeal to him within 30 days along with a RM50 fee.

Furthermore, his decision could also be appealed through the High Court level, Court of Appeal and later to the Federal Court.

This however, will take a long process compared to the application of communal titles which takes six months to a year.

He said the application is not as complicated as NCR claims and it was made to protect the lands from being sold to outsiders.

Earlier Osman stated that the progress of regulations on NCR took 41 years from 1889 until 1930 and have seen five amendments.

The five are Proclamation III of 1889, Abolition of Poll-Tax Proclamation, 1902, Land Proclamation, 1903, Ordinance no. 7 of 1913 and finally The Land Ordinance, 1930.

21 comments:

  1. Mengenai masalah ini rasanya perlu diselesaikan sebaiknya. Kenapa pula selepas 1930 status NCR tidak ada lagi? Harap penjelasan dapat diberikan dengan lebih terperinci lagi.

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  2. Kita juga pernah diumumkan dahulu dengan cadangan geran komunal ini. Ini rasanya satu cadangan yang baik untuk penduduk kampung supaya dapat mengusahakan tanah itu bersama-sama.

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    Replies
    1. geran komunal memastikan tanah penduduk terlindung dari dijual.

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  3. The Land and Survey Department will launch a mobile NCR (native customary rights) unit in November to resolve the issue of native land rights among the people, especially in the interior.

    Its director Datuk Osman Jamal said 23 vehicles equipped with various facilities including Internet service would go to the villages to meet the residents.

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  4. Dompok:The Government is open to discussion on the native certification proposal in order to resolve problems affecting genuine natives in the State.

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  5. Sabah Land and Survey Director, Datuk Osman Jamal confirmed that the company which is developing land located in three villages in Kota Marudu had encroached into land outside their titled land area.

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  6. The State Government welcomes any initiative that complements efforts to improve the people's welfare and strengthens its land programme, said Musa.

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  7. The Sabah Government takes the issue of Native Customary Land Rights (NCR) seriously and will look for the best solution which results in a win-win situation for all.

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  8. The Sabah Law Association (SLA) is of the view that treating claims on customary land beyond the 1930 Land Ordinance as new land applications does not represent the state of Native Customary Rights (NCR) law.

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    1. Sikayun pointed out that this scenario can lead to a manifestly unjust result and can create conflicts and further undue hardships between competing claims by other applicants for the same piece of land.

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    2. Sikayun added if the director’s statement reflects the State policy, then we kindly urge the government to reconsider changing the policy. Meanwhile, SLA welcome and laud the director’s announcement that a Mobile NCR Unit will be launched in November to go into villages and deal with issues regarding Native Customary Rights.

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  9. SLA sub-committee on Native Laws Custom and Culture chairman Datuk John Sikayun said The director’s views clearly do not represent the state of NCR law established in cases like Rambilin and many others.

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  10. Sabah North Borneo Dusun Minamasok Association (Minamasok) on Wednesday expressed its disappointment over the Land and Survey Department's failure to explain to the people on the essence of Native Customary Rights (NCR) since it was formulated in 1889.

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  11. perjuangkan dan lindungi hak2 penduduk.

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  12. PBS would not subscribe to the mode of interpretation used by Land and Survey, seemingly to nullify the established legal provisions for the rights of the indigenous community to their native customary rights land after 1930.

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    1. PBS secretary general Datuk Henrynus Amin said PBS regretted the recent statement by Land and Survey director Datuk Osman Jamal on the NCR land which he said was made in haste without first consulting the Sabah State Cabinet and without considering the sensitivity of the issue at this time.

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    2. PBS would not allow the status of the NCR land after 1930 to be decided solely by government bureaucrats

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    3. There should be proper judicial hearings to establish the proper legal interpretations of the NCR land laws

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    4. PBS also called for more legal experts to come forward to give their views or even public debate to help the State interpret the original intention of the framers of the NCR land law.

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  13. A special unit, the first of its kind in the country, will be set up soon as part of the Sabah Land and Survey Department’s outreach programme for rural and interior folk in the state.

    Dubbed the ‘Unit Pantas NCR’, or Native Customary Rights Fast Unit, it is expected to be officially launched in November.

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  14. this move show that the government realise the problems faced by the rural and interior folk who have to come to state govt office to settle land matters..

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