MUSLIM MOSQUES AND CHARITABLE
TRUSTS OR WAKFS act

Arrangement of Sections

1.        Short title.

PART I

The Staff, the Board and the Tribunal

2.        Appointment of officers and servants.

3.        Repealed.

4.        Deputy Directors may exercise and perform Director’s powers and duties.

5.        The Board.

6.        Disqualifications.

7.        Term of office of members.

8.        Vacation of office by members appointed by the Minister.

9.        Meetings of and dissolution of Board.

9A.     Delegation of powers, duties or functions of the Board to the Director.

9B.     Power of Board to summon witnesses.

9C.     Application to the Board.

9D.     Wakfs Tribunal.

9E.     General power of the Tribunal.

9F.      Power of Tribunal to summon witnesses.

9G.     Proceedings before Tribunal.

9H.     Appeals to Tribunal from orders of Board.

9J.      Tribunal to have exclusive jurisdiction to inquire into matters relating to Muslim charitable trusts or wakfs.

PART II

REGISTRATION OF Shrines and places of religious resort

10.      Application for registration of shrines and places of religious resort.

11.      Board’s power to call for information and documents as to shrines and places of religious resort.

12.      Register of shrines and places of religious resort.

13.      Registration of shrines and places of religious resort.

13A.   Registration of shrines and places of religious resort on applications made after period specified in section 10.

13B.   Power of Board to register a mosque when no application for registration is made.

13C.   Power of Board to cancel the registration of a mosque which had been registered by reason of a mistake of law or of fact.

PART III

APPOINTMENT, POWERS AND DUTIES OF TRUSTEES OF REGISTERED Shrines and places of religious resort.

14.      Appointment of trustees of shrines and places of religious resort.

15.      Vacation of office by trustee and appointment of successor.

15A.   Duty of person or persons in charge of any property belonging to a shrines and places of religious resort to hand over or deliver possession of such property to the duly appointed trustee or trustees of that shrines and places of religious resort.

15B.   Powers of trustees to appoint, exercise disciplinary control over, and dismiss Katheebs.

16.      Vesting of property in the trustees of a registered shrines and places of religious resort.

17.      Deposit of money in an approved bank.

18.      The application of the income of a registered shrines and places of religious resort.

19.      Investment of money of shrines and places of religious resort.

20.      Restriction on mortgage or other alienation of immovable property of a registered shrines and places of religious resort.

20A.   Authorised officers and their functions.

21.      Recovery of immovable property improperly alienated.

22.      Power to lease immovable property of registered shrines and places of religious resort and cancellation of invalid leases.

22A.   Duty of trustee or trustees of a registered shrines and places of religious resort to maintain tills in accordance with directions of the Board.

23.      Repealed.

24.      Repealed.

25.      Authorised officer, or trustee or trustees of registered shrines and places of religious resort, may sue.

26.      Duty of trustees to keep accounts and maintain inventories.

27.      Half-yearly statements of accounts to be sent to the Board.

28.      Audit of accounts.

29.      Suspension and removal of trustee of shrines and places of religious resort.

30.      Effect of Part.

PART IV

APPLICATION OF PROVISIONS RELATING TO MOSQUES, TO MUSLIM
SHRINES AND PLACES OF RELIGIOUS RESORT

31.      Application of Parts II and III to Muslim shrines and religious resort.

PART V

MUSLIM CHARITABLE TRUSTS OR “WAKFS”

32.      Application of Part V.

33.      Duty of trustees to furnish statements relating to the trusts or wakfs.

34.      The contents of the statements to be furnished under section 33.

35.      Duty of trustees to furnish statements of accounts.

36.      Audit of accounts of trustees.

37.      Inspection of certain documents.

38.      Power of Board to call for information or documents for verifying statements and accounts.

39.      Director or interested persons to have the power to institute action for enforcing the provisions of a Muslim charitable trust or wakfs.

40.      Tribunal’s powers in settling on schemes for the management of Muslim charitable trusts or wakfs.

41.      Application of religious law.

42.      De facto Muslim charitable trusts or wakfs.

PART VI

THE MUSLIM CHARITIES FUND

43.      Muslim Charities Fund.

44.      Investment of money in the fund.

45.      Expenditure of money in the fund.

PART VII

GENERAL

46.      Duty of trustees to furnish statements of income.

47.      Additional powers of Tribunal in regard to applications under section 29.

48.      Repealed.

49.      Repealed.

50.      Actions not to bar, or be suspended by, criminal proceedings.

51.      Repealed.

52.      Director’s statement decision to be conclusive evidence thereof.

53.      Offences.

54.      Regulations.

55.      Non-application of sections 100 to 109 of Ordinance.

55A.   Appeals.

55B.   Contempt proceedings.

56.      Repealed.

57.      Repealed.

57A.   No action against Board for things done in good faith under the Act.

57B.   Application of the Act.

57C.   Procedure for the recovery of penalties and fines.

58.      Interpretation.

SCHEDULES

51 of 1956,

21 of 1962,

33 of 1982.

AN ACT to provide for the registration of mosques, Muslim shrines and places of religious resort, whether incorporated or not, to prescribe the powers, duties and functions of the trustees of registered mosques, Muslim shrines, places of religious resort and Muslim charitable trusts or “Wakfs”, to establish a Muslim charities fund, to repeal Chapter II of the Muslim intestate succession and “Wakfs” ordinance and to provide for matters connected therewith or incidental thereto.

[Subs by s 2 of Act 33 of 1982]

[Date of Commencement: 1st May, 1957]

1. Short title.

This Act may be cited as the Muslim Mosques and Charitable Trusts or Wakfs Act.

PART I

The Staff, the Board and the Tribunal

[Subs by s 3 of Act 33 of 1982.]

2. Appointment of officers and servants.

(1) There may be appointed for the purposes of this Act a Director for Mosques and Muslim Charitable Trusts or Wakfs and such number of Deputy Directors for Mosques and Muslim Charitable Trusts or Wakfs and other officers and servants as may be necessary. Such Director, Deputy Directors and other officers and servants shall be public officers.

(2) A person who is not a Muslim shall not be appointed as the Director or as a Deputy Director.

[S 2 am by s 4 of Act 33 of 1982.]

3. …

[S 3 rep by s 5 of Act 33 of 1982.]

4. Deputy Directors may exercise and perform Director’s powers and duties.

A Deputy Director may, subject to the direction and control of the Director, exercise any of the Director’s powers and perform any of the Director’s duties.

[S 4 subs by s 6 of Act 33 of 1982.]

5. The Board.

(1) There shall be established for the purposes of this Act a Board which shall be called the Mosques and Muslim Charitable Trusts or Wakfs Board and which shall consist of the Director and seven other members appointed by the Minister.

(2) Every member who vacates his office by effluxion of time shall be eligible for reappointment.

(3) The Minister may appoint one of the members, other than the Director, to be the Chairman of the Board.

[S 5(3) subs by s 7 of Act 33 of 1982.]

(4) The Minister may remove any member of the Board from office if he is satisfied that such member is not discharging his duties in a competent manner. The removal of any member of the Board from office by the Minister shall not be called in question in any court.

[S 5(4) subs by s 7 of Act 33 of 1982.]

6. Disqualifications.

A person shall be disqualified for appointment as a member of the Board or if so appointed, shall vacate his office as such if he—

(a)  is not a Muslim; or

(b)  is, or becomes, a Member of Parliament; or

(c)  is or becomes a trustee of a registered mosque, a Muslim shrine or place of religious resort or a Muslim charitable trust or wakf.

7. Term of office of members.

Every member appointed by the Minister shall, unless he earlier vacates his office, hold office for a period of three years from the date of his appointment:

Provided, however, that every member appointed to fill a vacancy occurring otherwise than by effluxion of time shall hold office for the unexpired portion of the term of office of the member in whose place he is appointed.

8. Vacation of office by members appointed by the Minister.

A member appointed by the Minister shall vacate his office—

(a)  if he is convicted by a competent court of an offence involving moral turpitude; or

(b)  if he is adjudged by a competent court to be of unsound mind; or

(c)  if, having been adjudged an insolvent or a bankrupt, he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly by unavoidable losses or misfortunes; or

(d)  if he absents himself without leave of the Board from three consecutive meetings of the Board; or

(e)  if he is removed from office by the Minister under section 5(4); or

[S 8(e) subs by s 8 of Act 33 of 1982.]

(f)   if he resigns office by writing under his hand addressed to the Minister.

[S 8(f) ins by s 8 of Act 33 of 1982.]

9. Meetings of and dissolution of Board.

(1) The Chairman shall preside at every meeting of the Board at which he is present. If the Chairman is absent from any meeting of the Board, the members present at the meeting shall elect one from among themselves to preside at the meeting.

[S 9(1) subs by s 9 of Act 33 of 1982.]

(2) The quorum for a meeting of the Board shall be three members.

(3) Where the votes of the members present and voting at any meeting of the Board are equally divided in regard to any question, the Chairman or other member presiding at such meeting shall, in addition to his vote as a member, have a casting vote.

[S 9(3) subs by s 9 of Act 33 of 1982.]

(4) Meetings of the Board shall be held at least once in every three months and in addition as frequently as is necessary for the exercise and discharge of its powers and duties under this Act.

(5) No act or proceeding of the Board shall be invalid by reason of any vacancy among its members or any defect in the appointment of any member.

(6) Regulations may be made providing for the procedure to be followed at meetings of the Board. Subject to the provisions of any such regulation, the Board may regulate its own procedure.

(7) If at three consecutive meetings of the Board there is not a sufficient number of members present to form a quorum for the transaction of business, the Minister may dissolve the existing Board—

(a)  a new Board shall be constituted in accordance with the provisions of sections 5 and 6; and

(b)  the Director shall, until such time as a new Board is so constituted, exercise the powers and discharge the duties of the Board under this Act.

9A. Delegation, of powers duties or functions of the Board to the Commissioner.

The Board may by resolution delegate to the Director any of the powers, duties or functions conferred or imposed upon, or vested in, the Board by or under this Act. Any act done by the Director in pursuance of any power, duty or function delegated to him under this section shall be reported by the Director to the Board.

[9A am by s 2 of Act 21 of 1962.]

9B. Power of Board to summon witnesses.

The Chairman of the Board and if the Chairman is not presiding at any meeting of the Board, the Chairman of that meeting shall, for the purpose of the consideration and determination of any matter, have the power—

(a)  to summon and compel the attendance to witnesses;

(b)  to compel the production of documents; and

(c)  to administer any oath or affirmation to witnesses.

[S 9B ins by s 10 of Act 33 of 1982.]

9C. Application to the Board.

An application to the Board under this Act shall be in the manner prescribed.

[S 9C ins by s 10 of Act 33 of 1982.]

9D. Wakfs Tribunal.

(1) There shall be appointed by the Judicial Service Commission for the purposes of this Act a Wakfs Tribunal or such number of Tribunals as may be determined by the Minister from time to time, each of which shall consist of three persons who are Muslims.

(2) The Commission shall appoint one of the members to be the Chairman of the Tribunal.

(3) Two members of the Tribunal shall form a quorum. No matter shall be heard by the Tribunal unless a quorum is present.

(4) The decision of a majority of the members of the Tribunal who are present at the hearing of any matter shall for all purposes be deemed to be the decision of the Tribunal.

[S 9D ins by s 10 of Act 33 of 1982.]

9E. General power of the Tribunal.

(1) The powers of the Tribunal under this Act shall include the power to hear and determine any application made in respect of a Muslim charitable trust or wakfs for ah order providing for all or any of the following purposes—

(a)  removing from office any trustee of the trust or wakfs;

(b)  appointing where necessary, a trustee or trustees for the trust or wakfs;

(c)  directing the submission of statements of accounts to the Tribunal or the Board;

(d)  declaring what proportion of the property of the trust or wakfs or of the interest therein shall be allocated to any specified object of the trust or wakfs;

(e)  settling a scheme for the management of the trust or wakfs;

(f)   directing the specific performance of any act by the trustee or trustees of the trust of wakfs;

(g)  declaring any trustee of the trust or wakfs guilty of any misfeasance, breach of trust or neglect of duty;

(h)  ordering the payment by any trustee of the trust or wakfs of any sum to the funds of the trust or wakfs by way of damages in respect of any misfeasance, breach of trust or neglect of duty; and

(i)   granting such further or other relief arising from the matters specified in paragraphs (a) to (h).

(2) Subject to the provisions of subsection (3), every application in respect of a Muslim charitable trust or wakfs shall be made by the Director upon a direction given by the Board in that behalf, or any five or more persons interested in that trust or wakfs.

(3) No application, other than an application made by the Director, shall be entertained by the Tribunal under this section unless the application is accompanied by a certificate under the hand of the Director that the application has been approved by the Board.

(4) Where five or more persons interested in a Muslim charitable trust or wakfs have made an application under subsection (1), the withdrawal of one or more than one such person from the application shall not prevent the Tribunal from hearing and determining the application so long as at least one person who made the application continues to be a party.

[S 9E ins by s 10 of Act 33 of 1982.]

9F. Power of Tribunal to summon witnesses.

The Chairman of the Tribunal and if the Chairman is not presiding at any meeting of the Tribunal, the Chairman of that meeting shall for the purposes of the consideration and determination of any matter, have all the powers of a District Court—

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