Section 5 (3) 

Any native customary rights may be extinguished by direction issued by the Minister which shall be ;- 

a)  Published in the Gazette and one newspaper circulating in Sarawak 

b)  Exhibited  at the  notice  board of the  District Office  for the area  where the land, over  which such rights are to be 

extinguished is situated and on the date specified in the direction, the native customary rights shall be extinguished and the land held under such rights shall revert to the Government:  Provided that where such  rights are extinguished in pursuance of this section compensation shall be paid to any person who can establish his claims to such rights in accordance with paragraphs (b) and (c); or other land over which such rights may be exercised may be made available to him with or without the payment of additional compensation whether for disturbance, or for the costs of removal, or otherwise. 

 

Any person who desires to make any claims for compensation must submit his claim with evidence in support hereof to the Superintendent, in form to be prescribed by him, within such period as may be stipulated in the  direction issued by the Minister under paragraph  (a), provided that the period so stipulated shall not be less than sixty days from the date of publication or exhibition thereof. 

No claim for compensation for extinguishments of native customary rights shall be entertained by the Superintendent unless such claim is submitted within the period stipulated in paragraph (b). 

 

 

Section 5 (4) 

Any person who is dissatisfied with any decision made by the Superintendent under subsection (3) on the ground that - 

a. His claim to native customary rights has been rejected or not recognized by the Superintendent; 

b. The allocation of land over which such rights are to be exercised, is inadequate or inequitable; or 

c. The amount or apportionment of compensation is inadequate, unfair or unreasonable, 

Upon receipt of the notice of arbitration, the Superintendent shall direct that any compensation payable to the person who desires to have his claim or matter referred to arbitration, to be deposited in the High Court, pending the outcome of such arbitration proceedings.