44 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND 4.41 The Native Rights to Land Proclamation of 1889 was passed to deal specifically with “the protection of Native Rights to land”. Native rights was described in the Land Proclamation of 1889 as: a) land under cultivation or containing houses together with a Reserve of adjoining or neighbouring land; b) land planted with at least twenty fruit trees to each acre; c) isolated fruit trees; d) grazing land that the owner agreed to keep stocked; e) wet and dry paddy cultivated within three years; f) burial grounds; and g) usual right of way. 4.42 These descriptions have generally been retained in the existing law. Despite the acknowledgements of native rights, native claims could not be carried out because of the shortage of manpower.88 The 1889 Proclamation was followed by the Abolition of Poll Tax Proclamation IX, 1902, whose objective was to abolish Poll-Tax. Despite its title, the Proclamation IX set out to establish a system of Land Tenure by natives.89 They were encouraged to take up land for permanent cultivation. They could apply and were given a certificate of tenure in perpetuity, but it was not compulsory. 4.43 A certificate of tenure would confer upon the holder a permanent, heritable, and transferable right of use and occupancy but such rights were subject to regular payment of rent. It was necessary that there had to be continuous cultivation of land. Non -cultivation for three consecutive years might cause the land to be forfeited and revert back to the Government. Under the rules made under the Proclamation, a Register of native holdings was to be kept in each District, and a certified copy of the entry in the Register, which is called the Extract, shall be given to the native land holder. No claim to or interest in any land would be valid unless it had been registered with the Land Office. 4.44 In 1903 through Proclamation XXIII, the laws made in 1889, 1894 and 1901 were repealed and re-enacted. A native who held land under customary tenure might exchange his title for a lease in which case, it would not be subject to prohibition against dealings with foreigners. The 1903 proclamation defined customary tenure as: (a) land in possession of land by natives with the consent of native chiefs; (b) the land was occupied and cultivated; (c) customary lands cultivation must be commenced within six months; and (d) the land had not been abandoned for three consecutive years. 4.45 Then in 1913, a further consolidation of the laws and amendments were made where repealed provisions of earlier legislation were re-enacted with amendments, together with inclusion of new provisions.90 Notably there were amendments on native rights and a new definition of “native “was introduced. The Land Proclamation 1913 introduced a new part to deal with native lands. Titles granted under that part were called native titles. A native could apply 88 Doolittle, n 87 above, noted that with fewer than thirty Company administrators and 30,000 pounds for annual expenses … the administration found itself unable to settle native claims adequately. 89 An earlier statute called the Poll Tax Proclamation was passed 1886. This was abolished by the 1902 Proclamation. This was initiated by Governor Birch and modelled on the Selangor Land Code, 1891 for customary lands. 90 This was the Land Proclamation (Amendment 1913). chapter 4_a4.indd 44 7/5/13 6:46 PM