Enakmen Taman Negara Pahang 1939
Enakmen Taman Negara Pahang 1939
Enakmen Taman Negara Pahang 1939
2/39
PAHANG
No. 2 OF 1939.
1. This Enactment may be cited as the Taman Negara National Short title.
Park ( Pahang ) Enactment 1939.
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Establishment 3. (i) The State Park is hereby dedicated set aside and reserved
of State Park. in perpetuity in trust for the purposes of the propagation,
protection and preservation of the indigenous fauna and flora of
Malaya and of the preservation of objects and places of aesthetic
historical or scientific interest and shall together with any
contiguous lands dedicated set aside or reserved for similar
purpose within the State of Kelantan and Trengganu constitute
the Taman Negara National Park.
(ii) The State Park shall vest from time to time jointly in such
persons as shall be fulfilling the duties and exercising the powers
of the Sultan Pahang and the High Commissioner of the
Federated Malay States respectively who shall hold and
administer the said lands as Trustees for the purposes referred to
in sub-section (i).
(iii) No modification of the area or boundaries of or of the title
to the State Park shall be made save by an Enactment of the
Ruler of Pahang in State Councilor as is in section 4 provided
and no dealings in or dispositions of the lands constituting the
State Park shall take place or be recognized registered or
enforceable save as in section 5 provided.
(iv) For the purposes only of the provisions of section 250,
251, 252 and 255 of the Land Code the State Park shall be
deemed to be land reserved for a public purpose:
Provided however that any warrant issued under section 251 of
the Land Code in respect of any land within the State Park shall
require any police officer to whom it is addressed to take
possession of such land on behalf of the Trustees.
Amendment 4. (i) The State Councilor the application of the Trustees may
of schedule by Resolution amend the First Schedule in respect of the
boundaries of the State Park as therein set out and described
provided that such amendment is in the opinion of the Trustees
necessary or desirable in order to secure greater case of
description or demarcation of the said boundaries or greater case
in the administration of the State Park and provided that such
amendment does not result in any substantial decrease in the
total area of the State Park.
(ii) Any amendment made under sub-section (i) shall take
effect (unless the Resolution otherwise declares) on the date of
the Resolution and shall be published in the Gazette.
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5. (i) The Trustees may lease or permit the leasing use or Occupation of
land within
occupation of any land within the State Park subject to such State Park.
conditions and restrictions as they think fit to impose and for
the following purposes only:
(a) the construction and maintenance of roads;
(b) the construction and maintenance of railways and
railway buildings;
(c) the construction and maintenance of aerodromes;
(d) the construction and maintenance of dams and
reservoir;
(e) the construction and maintenance of hotels rest
houses dwelling houses buildings and works of
public utility where the Trustees consider these to be
necessary and in the interests of the development of
the State Park in accordance with the purposes
referred to in sub-section (i) of section 3;
(f) mining in accordance with the provisions of section 7
(ii) Any land leased by the Trustees or in respect of which
any lease use or occupation has been permitted by the Trustees
under sub-section (i) shall continue to form part of the State
Park and to be subject to the provisions of this Enactment and
of any Rules made there under save in so far as may be set out
in any condition or restriction imposed by the Trustees under
the said sub-section.
(iii) Save by virtue of any right conferred by or acquired
under or in respect of any lease or permission under sub-
section (i) or as otherwise in this Enactment provided no
person other than a Park official may reside on enter use or
occupy any land within and forming part of the State Park
without the permission of the Trustees so to do.
6. (i) The Trustees shall have full powers to administer the Trustees of
administer
State Park and may for that purpose employ and appoint either State Park.
by name or office an officer to be known as the Officer in
charge of the Park and such other officers servants and Park
officials as they may consider necessary.
(ii) The appointment as a Park official of any person
employed by Trustees shall be notified in the Gazette.
(iii) Every officer servant or official employed by the
Trustees shall for the purpose of the Panel Code be deemed to
be a public servant and shall within the State Park have all the
power of a police constable as defined in the Criminal
Procedure Code or any other written law force.
7. (i) The State Park shall not for the purpose of the Mining General
prohibition of
Enactment or of the Land Code or of any other Enactment be mining within
deemed to be State land nor shall any mining or prospecting State Park.
operations be normally carried on within the State Park.
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Phg. 2/39
(b) convey into the State Park or within the confines of the
State Park be in possession of any implement or tool
intended or calculated for the provisions of this
Enactment or of any Rule made thereunder ;
(c) introduce any animal into the State Park or permit any
domestic animal to stray into the State Park;
(d) within the State Park disturb or take the nest of any animal
or kill injure capture or molest any animal:
Provided that any dangerous animal may be killed in
defense of human life or prevent the infliction of personal
injury;
(e) remove from the State Park any live animal or any part of
any dead animal other than an animal lawfully introduced
into the State Park;
(f) within the State Park cut destroy or damage any tree or
plant or clear break up dig or cultivate any land;
(g) remove from the State Park any tree or plant or any part of
any tree or plant.
10. (i) The trustees may make Rules for the better carrying into Rules.
effect of the purpose of this Enactment.
(ii) In particular and without prejudice to the generality of the
foregoing power such Rules may.
(iii) Such Rules shall not take effect and come into force until
they have been confirmed or amended by Resolution of the State
Council and have thereafter been published in the Gazette.
13. (i) Any member of the police force or any Park official
Arrest.
generally or specially authorized by the Trustees so to do may
within the State Park or within two miles from the nearest point
on any boundary thereof arrest any person found committing any
offence against this Enactment or against any Rule made there
under or whom he may reasonably suspect to have committed
such an offence and shall as soon after such arrest as is
practicable take or send such person before a magistrate or to a
police station there to be deal with according to law:
Provide that at the request of any person so arrested such
person may in the first instance be taken before any Park official
to whom under section 12 power to compound offences
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that such person does not leave the public road or the
railway line or the precincts of any railway station or
(except while being conveyed by any air craft) the
precincts of any aerodrome within the State Park; or
(c) the use of the State Park subject to any conditions that
may be imposed by the Officer in charge of the Park
by any member of any of the aboriginal tribes
specified in the Second Schedule to this Enactment.