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ABORIGINAL PEOPLES ACT 1954 - Act 134
ARRANGEMENT OF SECTIONS
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
An Act to provide for the protection, well-being and advancement of the aboriginal peoples of
West Malaysia.
PART I
PRELIMINARY
1. Short title and application
(1) This Act may be cited as the Aboriginal Peoples Act 1954.
(2) This Act shall apply only in West Malaysia.
2. Interpretation
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;
“aboriginal racial group” means one of the three main aboriginal groups in West 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 West 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.
3. Definition of aborigine
(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 through 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 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.
4. Administration of aborigines
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.
5. Appointment of Director General and Deputy Director Generals
(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].
6. Aboriginal areas
(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:
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).
7. Aboriginal reserves
(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.
(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).
8. Rights of occupancy
(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.
(3) Nothing in this section shall preclude the alienation or grant or lease of any land to any
aborigine.
9. Dealings in land by aborigines
No aborigine shall transfer, lease, charge, sell, convey, assign, mortgage or otherwise dispose of
any land except with the consent of the Director General and any such transaction effected
without the Director General’s consent shall be void and of no effect.
10. Aboriginal communities not obliged to leave areas declared Malay Reservations, etc.
(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 provisions of that written law shall be modified in their application to such
aboriginal community in such manner as shall be specified.
(3) The State Authority may by 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.
11. Compensation on alienation of State land upon which fruit or rubber trees are
growing
(1) Where an aboriginal community establishes a claim to fruit or rubber trees on any State
land which is alienated, granted, leased for any purpose, occupied 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.
(2) Any compensation payable under subsection (1) may be paid in accordance with section
12.
12. Compensation
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.
13. Compulsory acquisition of land for aboriginal areas or reserves
When any immovable property, not being State land, is needed to be acquired in order to declare
the same to be an aboriginal area or an aboriginal reserve, the property may be acquired in
accordance with the written law relating to the acquisition of land and any declaration required
by that law that the property is so needed shall have effect as if it were a declaration that the
property is needed for a public purpose in accordance with that written law.
14. Exclusion of persons from aboriginal areas and aboriginal reserves
(1) The Minister may, if he is satisfied that having regard to the proper administration of
the welfare of the aborigines in any aboriginal area or aboriginal reserve or aboriginal inhabited
place it is desirable that any person or class of person should be prohibited from entering or
remaining in the area, reserve or place, make an order to that effect in the form prescribed in the Schedule.
(2) (a) The order when addressed to an individual person, may be served on the person
named therein by a police officer or by any person whom the Minister may direct to serve the
same.
(b) The order shall if practicable be served personally on the person named therein by
showing him the original order and by tendering or delivering to him a copy
thereof signed by the Minister.
(c) If service cannot conveniently be effected as aforesaid the serving officer shall
affix a copy of the order to some conspicuous part of the house or other place
where the person named in the order ordinarily resides and thereupon the order
shall be deemed to have been duly served.
(d) A certificate signed by the Minister that an order has been duly served on the
person named therein shall be admissible in evidence in any judicial proceeding
and on the production of such a certificate the court shall presume until the
contrary is proved that the order was duly served.
(3) The order, when addressed to a class of persons, shall be published in the Gazette.
(4) Any person on whom an order has been served in accordance with this section who is
found within any aboriginal area, aboriginal reserve or aboriginal inhabited place mentioned in
the order and any person who is a member of any class of persons which has been prohibited
from entering or remaining in any aboriginal area, aboriginal reserve or aboriginal inhabited
place who is found within the area, reserve or place shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
(5) Any person found committing an offence under subsection (4) may be arrested without
warrant by the Director General or any police officer.
15. Removal of undesirable persons
(1) The Director General and any police officer may detain any person found in any
aboriginal area, aboriginal reserve or aboriginal inhabited place whose activities he has reason to
believe are detrimental to the welfare of any aborigine or any aboriginal community and shall
remove any such person from the area, reserve or place within seven days from the date of
detaining him.
(2) The Director General or any police officer who detains or removes any person in
accordance with subsection (1) shall as soon as possible report all the circumstances in writing to
the Minister.
16. Headman
(1) The hereditary headman of an aboriginal community shall be the headman thereof or, in
the case of an aboriginal community in which the office of the headman is not hereditary, a
person selected to be headman by the members of the community shall be headman thereof,
subject in each case to confirmation by the Minister.
(2) The Minister may remove any headman from his office.
17. Aborigines not to be excluded from any school
(1) No aboriginal child shall be precluded from attending any school by reason only of his
being an aborigine.
(2) No aboriginal child attending any school shall be obliged to attend any religious
instruction unless the prior consent of his father or of his mother if his father is dead, or of his
guardian should both parents be dead, is notified to the Director General, and is transmitted by
the Director General in writing to the headmaster of the school concerned.
(3) Any person who acts in contravention of this section shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding five hundred ringgit.
18. Aboriginal children not to be adopted, etc.
(1) No person who is not himself an aborigine of the same ethnic group shall adopt or
assume the care, custody or control of any aboriginal child except with the consent of the
Director General and in giving the consent the Director General may impose such conditions as
he thinks fit.
(2) Any person who acts in contravention of this or commits a breach of any condition
imposed by the Director General shall be guilty of an offence and shall, on conviction, be liable
to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six
months or to both.
19. Regulations
(1) The Minister may make regulations for carrying into effect the purposes of this Act and
in particular for the following purposes:
(a) the creation, nature and regulation of aboriginal settlements within aboriginal
areas and aboriginal reserves;
(b) prohibiting either absolutely or conditionally and controlling the entry into
aboriginal reserves, aboriginal areas, aboriginal inhabited places and aboriginal
settlements of any person or any class of persons;
(c) providing for the appointment of, and prescribing the qualifications of and the
method of appointing, any headman;
(d) providing for the registration of aborigines;
(e) the manner of evidencing and recording rights of occupancy granted to aborigines
under this Act;
(f) prohibiting the planting of any specified product on lands over which rights of
occupancy have been granted;
(g) permitting and regulating the felling of jungle within aboriginal areas and
aboriginal reserves;
(h) permitting aborigines to take forest produce in aboriginal areas;
(i) regulating the taking of wild birds and animals by aborigines;
(j) providing for the establishment of schools in aboriginal areas, aboriginal reserves
and aboriginal inhabited places and prescribing the curricula of the schools and
the qualifications of teachers in the schools;
(k) prescribing the terms and conditions upon which aborigines may be employed,
and the regulations may provide for the recovery by the Director General on
behalf of an aborigine of any wages or salary due to the aborigine in accordance
with the regulations;
(l) prohibiting either absolutely or conditionally the entry into or the circulation
within any aboriginal area, aboriginal reserve or aboriginal inhabited places of
any written or printed matter, any cinematograph film and everything whether of
a nature similar to written or printed matter or not containing any visible
representation or by its form, shape or in any other manner capable of suggesting
words or ideas and every copy and reproduction or substantial reproduction
thereof;
(m) prohibiting either absolutely or conditionally the sale or gift of any intoxicating
liquor as defined in any written law relating to excise to any specified aborigine
or aboriginal community or within any aboriginal area, aboriginal reserve or
aboriginal inhabited place; and
(n) prescribing the terminology by which aborigines, aboriginal communities and
aboriginal ethnic group shall be referred to.
(o) (Omitted).
(2) No regulations shall be made for the purposes of paragraph (1)(a), (e), (f), (g),(h), or
(i)unless the Government of the State in which the regulations shall have effect has first been
consulted.
Schedule
ABORIGINAL PEOPLES ACT 1954
[Subsection 14(1)]
To,
………………………………………
………………………………………
Whereas the Minister is satisfied that having regard to the proper
*(1)*administration/welfare/well being of the aboriginal peoples in *aboriginal area
……………………/aboriginal reserve …………………/aboriginal inhabited place
…………………… you should be prohibited from *entering/remaining therein;
Now therefore in exercise of the powers conferred upon me by subsection 14(1) of the
Act, I ………………………… Minister charged with the responsibility for the welfare of
aborigines, hereby order that you as from the date of this order are hereby prohibited from
*entering/remaining in the *area/reserve/place aforesaid.
Dated …………………………………………………19……………
………………………………
Minister
