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MUSLM
311
CHARTABL
O
WAKFS
Publica:
Department of M
리 CLI litura
 

MOSQUE
d
E TRUSTS
ACT
ti CD :
uslim Religious
Affairs

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MUSLM MOSOUE
and
CHARITABLE TRUSTS
Or
WAKFS ACT.
Publication
Department of Muslim Religilouso and Cultural Affairs

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FIRST EDITION: September 1987
Publication :
Department of Muslim Religious and Cultural Affairs
Printed at:
. , RuHu Nu PRINTERs
No. 44, Maligawatte Road, Colombo - 10.

FOREWORD
I have great pleasure in presenting this consolidated Wakf Act. onsisting of -
(1) Main Act No. 51 of 1956 (2) Amended Act No. 21 of 1962, and (3) Amended Act No. 33 of 1982
This consolidated Wakf Act will be of vital importance to the
Muslims, specially in the administration of all Mosques and Charitable rusts in Sri Lanka.
This consolidated Act F only for guidance, and not for any tatutory purpose. V
A. C. M. Zeirideen Director
Department of Muslim Religious & Cultural Affairs
1st September, 1987.

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CONTENTS
Page 1. The Staff, the Board and Tribunal 1
2. Registration of Mosques 7
3. Appointment, Powers Duties of Trustees S LSL 0 SY LLS LL 0SLL LL 0SL LSL LSL LS SS SL L L S SL SS 1 O
4. Application of Provisions...... ... ... . 23
5. Muslim Charitable Trusts or Wakfs 23
6. The Muslim Charities Fund 29
7. General 32
8. First Schedule and Second Schedule 38
A For Regulation, please refer to the Gazette of the Democratic Socialist Republic of Sri Lanka (Extra Ordinary) No. 34218 of 29 - 3 - 85.

MUSLIM MOSQUES AND CHARTABLE
Short ; i te and date of operation.
Appoinnest of offic:rs and
S.si: Wa X tS.
Deputy Directors may exereise and per form director's powers and duties
The Board.
TRUSTS OR WAKFS
Act No. 33 of 1982
An Aet to provide for the registration of Mosques, Muslim Shrines and Places of Religious Resort, whether incorporated or mot, 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 there with or incidential thereto.
PART The Staff, the Board and Tribunal
2. (i) There may be appointed for the purpose 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 Wakf and other officers and servants as may be necessary Such Director, Deputy Directors and other officers and servants shall be servants of the Crown in respect of the Government of Ceylon.
(2) A person who is not a Muslim shall not be appointed as the Director or as a Deputy Director,
4. A Deputy Director may subject to the direc ion and control of the Director, exercise any of the Director's powers and perform any of the Director's duties.
5. (1) There shall be established for the purposes of this Act a board which shall be called the Mosques

Page 5
Disqualifications.
Term of office of members,
Vacation of office by members appointed by the Minister.
( 2)
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
(4) The Minister may remove any member of the board from office if he is satisfied that such mem
ber 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.
6. A person și itali be disqualified for appoint mert 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 or a Member of Pariiament, 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. 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. 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

Meetings of, and dissolution of board
( 3 )
(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 Ministef
under section 5(4); or
(f) if he resigns office by writing under his hand
addressed to the Minister.
9. (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
themeselves to preside at the meeting.
(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.
(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 proceedings 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.

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( 4 )
(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.
(8). In the event of a dissolution of the 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 powcrs and discharge the duties of the board under this Act.
Delegation of 9A. The board may by resolution delegate to the powers, duties Director any of the powers, duties or functions conor functions of ferred or imposed upon, or vested in, the board by the board to or under this Act. the Director.
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,
Powers of board 9B. The Chairman of the board and if the Chairman to SimO is not presidig at any meeting of the board, the witnesses & c. 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 of wit
neSSes;
(b) to compel; the production of documents; and
(c) to administer any oath or affirmation to witnesses
Application 9C. An application to the board under the Act to the board. shall be in the manner prescribed.
Wakfs 9D. (1) There shall be appointed by the Judicial Tribunal. Service Commission for the purpose of this Act a Wakfs
Tribunal or such number of Tribunals as may be

General powers )f the Tribunal.
(5)
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 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,
9E. (1) The powers of the Tribunal ninder this Act shall include the power to hear and determine any application made in respect of a Muslim charitable trust or wakf for an order providing for all or any of the following purposes:-
(a) removing from office any trustee of the trust or wakf
(b) appointing where necessary, a trustee or trustees
for the trust or wakf;
(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 wakf or of the interest therein shall be allocated to any specified object of the trust or wakf;
(e) settling a scheme for the management of the
trust or wakf;
(f) directing the specific performance of any act by the trustee or trustees of the trust or wakf;
(g) declaring any trustee of the trust or wakf guilty of any misfeasance, breach of trust or neglect of duty;
(h) ordering the payment by any trustee of the trust
or wakf of any sum to the fundss of the trust or wakf

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Powers of the Tribunal to Sufi On
witnesses etc.
Proccedings before Tribunal
(6)
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 wakf 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 wakf,
(3) No application, other than an applicatton 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 wakf have made an application under subsection (1), the withdrawal of one or more than one such person 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.
9F. The Chairman of the Tribunal and if the Chairman is not presiding at any meeting of the Tribunal, the Chairman of that meeting shal for the purpose of the consideration and determination of any matter have all the powers of the District Court
(a) to summon and compel the attendance of witnesses;
(b) to compel the production of documents and (c) to administer any oath or affirmation to witnesses
9G. In any propeedings under this Act, the Trtbunal shall follow the procedure of a District Court, and in the executin of orders and jndgments, shall have all the powers of a District Court and the provisions of the Civil Procedure Code, relating to the procedures and powers of execution of a District Court, shall mutatis mutandis, apply to and in relation of the procedures and powers of excution of the tribunal.

Appeals to tribunals rom orders of board.
; 7)
9H. (1) Any person aggrieved by any order or decision made by the board may within thirty days of such order or decision appeal in writing to the Tribunal against such order or decision
(2) For the perpose of hearing and determining any appeal made under subsection (l) the Tribunal shall have the follwing powers:
(a) to call for the reccord of any proceedings before the board any documents in the possession of the board;
(b) to make such inquiries as may be necessary for the purpose of the appeal and, if it thinks fit, to admit
or call for any evidence, whether oral or documentary
Tribunals have xclusion juris liction to nquire into matters relating
o Muslim charitable
Austs or wakfs.
(3) After the hearing of an appeal, the Tribunal
shall make order confirming, setting aside or varying
the order or decision of the board, or make such other order thereon as it may think it.
9.J. The Jurisdiction exerctsable by the Tribunal in respect of matters relating to Muslim charitable trusts or wakfs shall be exclusive and any matter falling within thut jurisdiction shall not be tried or inquired into by any court or tribunal of first instance.
PART II
Registration of Mosques
Application for egistration of mosques
10. (1) The trustee for the time being of a mosque, and if there is no such trustee, the person for the time being in charge of a mosque, opened for public worship before the appointed date shall, within six months after that date, make a written application to the board for registration of that mosque.
(2) The trustee for the time being of a mosque, or if there is no such trustee, the person for the time being in charge of a mosque, opened for public worship on or after the

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Board's power to call for
information and documents
as to mosques
Register of mosques
Registration of mosques
(8)
appointed date shall, within six months after the date on which that mosque is so opened, make a written application to the board for registration of that mosque.
11. (1) Upone receipt of an application under section 10, the board may, by notice served in the prescribed manner, require the applicaticant to furnish to the board. within such time as may be specified in the notice. all such information and documents regardihg the mosque to which that application relates as the board may consider necessary.
(2) Every applicant required by notice under subsection (1) to furnish any information and documents to the board shall furnish such information and documents to the board within the time specified in that notice.
12. (I) The board shall causc a register of mos
ques to be maintained.
(2) The register of mosques shall, on payment of the prescribed fee. be open for inspection by any person at any time during which the office of the Director is open for the transaction of business.
13. Upon application made to the board for the registration of a mosque under section 10. the board, after making such inquiries as it may deem necessary for verifying
(a) thc particulars contained tn such application and,
(b) if any information and documents had been received by it in accordance with any notice served under section 11 on the applicant for registration, such information and the particulars contained in such documents,
shall cause that mosque to be registered in the register of mosques by the entry therein of the prescribed particulars relating to that mosque.
is

Registration f mosques on pplication hade after eriod speci ied in
ection 10.
'ower of board o register a hosque when no pplication for egistration s made.
(9)
13A. Notwithstanding anything in section 0, where an application. for the registration of a mosque is made at any time after the expiry of the period specified in that section, such application shall be received by the board and the provisions of section 11 and 13 shall apply in relation to such application
as if such application were made within the period specified in section 10.
13B. (1) Where the board determines that a mosque in respcct of which no applieation for registration had been made should be registered, the board shall for the purposes of such registration collect all such
information as it may eonsidcr necessary regarding that mosque, and publish a notice of such determi
nation in the Sinhala, Tamil and English languages
in the Gazette and in one or more newspapers circulating in the area in which such mosque is situated.
(2) Every notice under subsection (1) shall specify a date (such date being not later than cine month after the date of that notice) on
or before which objections to the proposed registration will be received by the board.
(3) Every objection preferred in consequence of a notice under subsection (2) shall be in writing and shall contain a statement of the
grounds upon which the objection is made.
(4) After the expiry of the date referred to in subsection (2), the board shall, if it is of the opinion that the mosque should be registered after considering the objections, if any, to the registration of the mosque, cause the mosque to be registred in the registcr of mosques by the entry therein of such particulars relating to the mosques as are available to the board.

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(10)
Power of board to 13C. If at any time the board is satisfied that it has cancel the regis caused a mosque to be registered by reason ot a mistration of a take of law or of fact, it shall be lawful for the board to mosque which had cause the entry relating to that mosque to be deleted been registered from the register of mosque, and such mosque shall
by reason of a be deemed to be not registered with effect from the mistake of law date of such deletion. or of fact.
PART II
Appointment, Powers and Duties of Trustees of Registered Mosques, &c.
Appointment of 14, (1) As soon as may be, after a mosque has
trustees of been registered under section 13, the boardmosues, &c
(a) shall confirm and appoint a person or persons to be a trustee or trustees who is or have been
selected or nominated according to the practices, rules, regulations or other a raingements on force
for the administration of the mosque;
(b) no trustee or trustee is or are appointed under paragraph (a), the board may appoint a person or persons to be a trustee or trustee's from
among registered members of the Jam'ath of the mosque;
(c) may appoint a special trustee or trustees for a particular pariod if the board considers necess ary for the proper administration of the mosque
(1A) The board may at any time after the appoiintment of a person as trustee of a mosque revoke his appointmrnt if it is satisfied that such appointment was made by reason of auistake of law or of fact.
Where the board decides to revoke the appointment of any person as a trustee it shall by notice in writing addressed to such person
(i) inform him of the revocation of his appointinent
as trustee, and

( 11 )
ii. require him to return to the board the instru
ment of appointment issued to him,
and upon receipt of such notice pch person shall comply with such requirement.
2. Every person appointed as a trustee by the board shall
(a) officiate as trustee for such period as provided for by the practices, rules, regulations or other arrangements in force for the administration of the mosque; or
(b) officiate as such trustee for such period as may be specified in the instrument of appointment unless he vacates his office u oder section 15 or his appointment as trustee is revoked by the board; or Tribunal.
3. Until the board makes an appointment or appointments uit der the preceding previsions of this section, the trustee or trustees for the time being of that mosque or, if there is no such trustee, the person for the time being in charge of the mosque shall be respensible for the exercise of all powers and the performance of all duties in connecxion with that mosque.
3A. It shall be the duty of the trustee or trustees of a mosque... to submit to the Director
(a) a duly certified copy of the practices, rules, regulations or other arrangements in force for the time being for the administration of the mosque; and
(b) a copy of the list of registered members for
the time being of the Jana'ath of the mosque.
15. (1) Every trustee of a registered mosque shall vacate his office
(a) on death; or
(b) if he is couvicted by a competent court of
an offence involving moral turpitude; or

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Duty of person or persons in charge of any
property belong
(ο)
(d)
(e)
(f)
(g)
( 12 )
if he is adjudged by a competent court to be of unsound mind; or
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 mis-fortunes; or
if he resigns office by writing under his hand addressed to the Director; or
if whilst he is a trustee of a Jumma mosque, holds office as a trustee of another Jumma mosque;
Provided. however, that where more than one Jumma mosque is admimistered by a common Board of Trustees according to long usage or custom in a particular area, a trustee of a Jumma mosque may hold the office of trustee of another Jumma mosque; or
if the board removes him from office under Section 29.
(2) Where a trustee of a registered mosque
vacates officc, the board may, taking into account the matters specified in section 14 (1), appoint in his place a new trustee for such period not exceeding five years, as may be specified in his instru
ment
of appointment.
(3) When a trustee vacates office the other
trustees shall, during the continunce of the vacancy. exercise the powers vested in, and perform the duties imposed on, trustees by or under this Act.
15A.
(1) Upon the appointment of a trustee or
trustees of a mosques by the Board. the person or persons who immediately prior to the date of such appointment had in any capacity whatsoever the posse
ing to a mosque ssion, custody or control of any property which

to hand over or deliver possession of such pro - perty to the duly appointed trustee or trustees of that mosque.
( 13 ) (a) belonged to that mosque; or
(b) in any way appertained to that mosque, or
(c) was appropriated to the use of that mosque,
shall, upon a request being made in writing therefor by such trustee or trustees; hand over or deliver possession of, such property, together witn any documents relating to such property, to sueh trustee or trustees.
(2) Where any person fails to comply with the requiramens of a request made under subection (1) within thirty days of the date of receipt of such request, the board may, if it decides so to do, cause a nolice in writing to be served on such person. Every such notice shail direct such per son, Every such notice shall direct such person to hand over, or deliver possession of, within a period not exceeding one month as may be specified in such notice, such property as may be specified in the notice, together with any documenets relating there to, to the taustee or trustees of the mosque, appointed by the board.
(3) Where any person fails to deliver possession of, or to hand over, to the trustee or trustees of a mosque any propc,ty other than money specified in a notice served on him under subsection (2) within the period specified in that notice, the Director, if directed so to do by ihe board shall, on making an application in, that behalf to the Magistrate's Court having jurisdiction over the place where the land is situated, if suoh property is land, or where such person resides, if snch property is property other than land, be enhitled to an order of that court directing the Fiscol to delivey possession of or hand over such property to the
trustee or trusees of the mosque.
(4) Where any person fails to hand over to the trustee or trustees of a mosque any sum of money specified in a notice serviced on him under subsection (2) within the period specified in that notice, the

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( 14 )
Director may issue a certificate setting out the sum of money and the name and last known place of abode of such person to a Magis rate having jurisdictiton over the place in which such person resides and such sum may be recovered in like manner as a fine imposed by that court, notwithstanding that the amoun of the money may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.
Nothing in the preceding provisions of this subsection shall authorize or require the Magis rate in any proceeding thereunder, to conside, examine or decide the correctness of any statement in the certificate of the Director.
(5) a. Where in order under subsection (3) is issued to the Fiscal by a Magistrate's Courts. he shall forth with executee that order and shall in writing report to that court the manner in which that orper was executed.
(b) For the purposc of execa tiang an order relating to land issued by a Magistrate's Court under subsection (3), the Fiscal or any person acting under his directions may use such force as may be necessary to enter the land to which that order relates and to eject any person in occupation thereof and to deliver possesion of that land to the trustee or trustees of the mosque.
(c) Notwithstanding the provisions of any other law, the execution of an order made by a Magistrate's Court under subsection (3) shall not be stayed in any manner by means of any appeal or other step taken or proposed to be taken in any court with a view to varying or setting aside such order.
(6) a. A request referred to in subsection (1). or a notice referred to in subsection (2), to any person, shall be made or given by letter despatched to him by registered post and addressed to his last known place of abode.
Pow
tees
eXel plir
OVe mis

ters of trusto appoint, 'cise disciary control ', and dis
Katheebs,
( 15 )
(b. A request or notice made or givan to any person by letter as provided in this subeection shall be deemed to have been made to, or served on. him at the time at which the letter would have been delive led in the ordjuary course of post
(7) A decision of the board under subsection (2) shall be finai and conclusive and shall not be called in question in any court.
Provided, however, that any person who claims to have any interest in any property which has been handed over, or the possession of which has bcen delivered to, the trurtee or trustees of a registered mosque under the preceding provisions of this section may, not later than six months after the date on which such property has been handed over or posshssion
thereof has been delivered to such trustee or trustess,
institute an acion a could of competent jurisdiction to recover possession of such property, and the decision in such action shall be binding on such trustee or
trustees and the board, but so however that no costs or damages shall be award against the board or any member thereof or such trustee or trustees.
15B. The trustee or trustees of a registered mosque shall have the power to appoint any person as a Katheeb, Pesh Imam, Lebbe, Muezzin, teacher in Arabic, Iabourer, or other employee in that mosque, and to exercise disciplinary control over and dismiss, any person carrying on the duties of a Katheeb Pesh Imam, Lebbe, Muezzin, teacher in Arabic or labourer, or carrying on duties in any other capacity whatsoever in that mosque.
6. (1) There shall vest in the trustee or trustees of a registered mosque.
(a) any mevable or immovable property which
(i) belong to, or in any wise appertains to. or in approperiated to the use of that mosque, or

Page 12
The application of the income of a registered mosque.
( 16 )
(ii) is held in trust by, or in the name of any person exclusively for the benefit of that mosque,
(b) the rents and profits of such property, and
(c) the offerings and contributions made for the use of, or to the funds of. or for the performance of religious ceremonies at, that mosque,
subject to any lease, charge or encuin brance already affecting that property and to the terms of any trust to which that property may be subject.
(2) All moneys which, order subsection (1), vest in the trustee or trustees of a registrered mosque are in this Act referred to as the income of that mosque.
N(1) It shall be the duty of the trustee or trusteesoofia registered mosque on a direction issued by the board and subject to the provisions of subsection (3), to deposit the income of that mosque in a separate account with a bank approved by the board.
(2) The bank pass books relating to any account referred to in subsection (1) shall be open Ior inspection by the auditor or other person referred to in section 28 at all reasonabie time: during the day,
(3) Where a direction is issued by the board for the deposit of the income of a registered mosque in a bank, the trustee or trustees of that mosque shall
not retain in his or their possession at any time any sum in excess of one hundred rupees.
*8. The income of a registered mosque may, with the previous sanction of the Director, or a Deputy Director or an authorized officer, be appropriated by the trustee or trustees of the mosque for all or any of the following purposes:-
(a) the repair and maintenance of the mosque and
the premises belonging thereto:

Investment of
moneys of mosque.
Restriction on
mortgage or oth
er alienation of immovable property of a registered mosque.
( 17 )
(b) the remuneration of the persons employed for
the purposes of the mosque;
(c) the performance of religious worship and of all customary religious observances ordinarily performed in the mosque;
(d) the promotion of religious or secular education at any school maintained in connection with the mosque and the relief of poor students at any such school;
(e) the relief of the poor, the giving of alms in accordance with custom and the burial of poor Muslims;
(f) the remuneration, as determined by the board, of the trustee or trustees of the mosque and the payment of all expenses incurred by such trustee or trustees in the exercise of the powers and the performance of the duties of such trustee or trustees'
(g) the payment of compensation awarded under section 21 and the payment of all fees due under this Act in respect of the mosque; and
(h) any other purposes which may be deemed nece
ssary by the Jama'ath.
19. (1) No moneys of a mosque shall be invested in such manner as may earn interest,
(2) Subject to the provisions of subsection (1), the trustee of a mosque may, with the approval of the board
(a) purchase movable or immovable property
out of the moneys of the mosque, and
(b) invest such moneys in any other manner. 20. No immovable property which by section 16 is vested in the trustee or trustees of a registered
mosque shall be mortgaged sold or otherwise alienated except with the approval of the board.

Page 13
Authorized officers and
their functions.
Recovery of immovable property improperly alienated.
( 18)
20A. (1) The Director may in writing authorize such number of officers as may be necessary to be authorized officers for the purposes of this Act.
21.
(а)
(b)
(2)
(a)
(b)
(c)
(d)
Upon being instructed by the Director in
- that behalf, an authorized officer shall
ascertain whether any person has contravened any provisions of this Act, or any regulation made thereunder;
make application to the board, under section 21, section 22, section 25, and section 29;
institute and defend any action or proceeding as may be necessary in the board, the Tribunal or in any Court;
investigate and report or bring to the notice of the board, the Director or and Deputy Director any allagation of fraud or misuse of property by any trustee or trustees of a registered mosque.
Where the board is satisfied
that any immovable property belonging to, or held in trust for, any mosque has been mortgaged, sold or alienated prior to the appointed date to the detriment of that mosque' or
that any immovable property which is vested by section 16 in the trustee or trustees of a registered mosque has been mortgaged, sold or alienated contrary to the provisions of this Act,
it shall be the duty of the board to direct an authorized officer to institute Legal proceedings in a competent court to set aside such mortgage, sale or alienation and to recover possession of the property:
Provided, however, that in the absence of collusion or knowledge between the parties, the court, in setting aside such mortgage, sale or alienation, shall award compenset on to the mortgagee, vendee, or alienee for
any permanent improvements made by him to, or upon, such property.

Power to lease immovable property of registered mosque
and cancellation of invalid leases.
Duty of trustee
or trustees of a
registered mosque to maintain tills in accordance with direc
tions of the Board.
Authorized officer or tr Stee. Or trustees of registered mosque may SC.
( 19 )
22. (1) The trustee or trustees of a registered mosque may from time to time lease all or any of the immovable
property vested in such trustee or trustees by section 16 for such rent, and upon such conditions, as such trustee or trustees may deem reasonable:
Provided. however, that
(a) no trustee shall lease any such immovable property without the previous approval of the board; or
no lease shall be granted in favour of any trustee of such mosque or in favour of any person in whom any such trustee is directly or indirectiy interested.
(b)
(2) Any lease granted in contravention of the provisions of subsection (1) shall be null and void and of no effect in law.
(3) Where the board is satisfied that any immovable property has been leased in contravention of the preceding provisions of this section, it shall be the duty
of the board to direct an authorized officer to institute
legal proceedings in a competent court to declare such lease null and void and to recover possession of the
property.
22A. It shall be the duty of a trustee or trustees of a registered mosque to maintain in the mosque such number of tills, and in such manner, as the board may direct for the reception of contributions in money made by worshipper and others who desire to make a contribution to that mosque.
23. Repealed. 24. Repealed.
25. (1) An authorized officer or the trustee or trustees of a registered mosque may with the approval of the board sue for the recovery of any property vested in such trustee or trustees under section 6, or for any other purpose connected with, or incidental to, the exercise and performance of the powers and duties of such trustee or trustees.

Page 14
Duty of trust
ees to keep accounts and maintain
inventories.
Half-yearly statements of accounts to be sent to the
board.
25.
( 20 )
(2) The trustee of a registered mosque or an
authorized officer, whether he is the plaintiff or defendant in an action, shall not be personally liable in costs for any act bona fide done by such trustee or authorized officer in the exercise of the powers or the performance of the duties of such trustee or authorized officer.
26.
It shall be the duty of the trustee or trustees
of a registered mosque
(a)
to keep in such form as the board may direct
full and detailed accounts of the income of that
(b)
(c)
27.
mosque and of all expenditure incurred by such trustee or trustees;
to keep in such form as the board may direct an inventory of all property for the time bcing vested in such trustee or trustees; and
to make such accounts and inventory available for inspection by any member of the board or by any person authorized by the board or by an authorized officer at all reasonable times during the day.
(1) It shall be the duty of the trustee or
trustees of a registered mosque
(a)
(b)
(ο)
to prepare a statement of the accounts, in such form as may be prescribed, relating to all the moneys recerved and expended in respect of that mosque for each half-year ending on the thirtieth day of June and the thirty-first day of December and to sign a declaration at the end of that statement to the effect that those accounts are true and correct;
to furnish that statement to the board within a period of thirty days after the eud of the half-year to which that statement relates; ard
to exhibit a copy of that statement for a peried of thirty days in a censpicuous position in the premises of that mosque.

Audit of
aCCOS.
Suspension and removal of trustee of
nosque.
( 21 )
(2) Every statement of accounts prepared under
subsection (1) shall be in the language in which the
accounts of the mosque are usually kept.
28. The board may cause any accounts specified in a statement furnished to the board under section 27 to be audited by an auditor, or by any other person, approved by the board.
29. (1) The board may, of its own motion or upon a complaint made by any five members of the jama'ath of any registered mosque, either inquire, or direct the Director or any person authorized in that behalf by the board to hold an inquiry, into any alleged misfeasance, breach of trust or neglect of duty committed by a trustee of that mosque in respect of any property vasted in that trustee or into any failure on the part of a trustee of that mospue to comply with the provisions of this Act, or into the inability of a trustee of that mosque to perform the duties imposed by or under this Act or to administer efficiently the general affairs of that mosque.
(2) Where an inquiry under subsection (1) has been held by the board, the board may, if it is satisfied that the allegations against the trustee have been proved, remove such trustee from office.
(3) Where an inquiry under subsection (1) has been held by the Director, the Director may if he is satisfied that the allegations against the trustee have been proved, suspend such trustee and appoint an interin trustee and thereupon shall submit a report in writing on the inquiry held by him to the board who shall after considering such report remove the trustee, in respect of whom such inquiry was held, from office or reinstate such trustee.
(4) Where an inquiry under subsection (1) has been held by a person other than the Director, such person shall submit a report on the inquiry held by him to the board who may if it is satisfied that the allegations against the trustee have been proved, remove
the trustee from office.

Page 15
( 22 ).
(5) Where any person has been appointed as an interim trustee of a registered mosque under subsection (3) such person shall hold office until the board either reinstates the trustee who was suspended or appoints a new trustee, and shall exercise, perform and discharge the powers, duties or functions conferred or imposed upon, or vested in, a trustee of a mosque by or under this Act.
(6) Subject to the provisions of subsection (7), the Director upon direction issued by the board in that behalf in respect of a registered mosque, or any five persons interested in that mosque may as against a trustee of that mosque, make an application to the Tribunal for an order providing for all or any of the following purposes:-
(a) directing the specific performance of any
act by the trustee,
(b) declaring that trustee guilty of any misfeasanc
breach of trust, or neglect of duty;
(c) ordering the payment by that trustee of any
sum to the funes of the mosque by way
of damage in respect of any such misfeasance, breach of trust, or neglect of duty; and
(d) granting such further of other relief as the
circumntances of the case may require.
(7) No application, other than an application made by the Director, shall be entertainad 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 approvel by the board.
(8) For the purposes of this section, any member of the jama'ath of a registered mosque shall be deemed to be a person interested in that mosque.
(9) Where five or more persons interested in a mosque have made an application under subsection (6), the withdrawal of one or more than one such person from the application shall not prevent the Tribunal from

( 23 )
hearing and determining the application so long as at least one person who made the application continues to be a party.
Effect of . 30. The provision, of this Part shall, save as expressly Part III provided in this Act, have effect notwithstanding any
thing contained in any deed or other instrument
(a) relating to the constitution of the office of trustee of any mosque, or the period during
which any much trustee shall hold office or the powers and duties of any such trustee or
(b) prescribing the purposes for which and the manner in which the income from any property held in trust for the benefit of any mosque may be applied.
PART V
Application of Provisions Relating to Mosques to Muslims Shrines and Places of Religious Resort.
Application of 31. The provisions of Parts II and III shall apply Parts II and III to Muslim shrines and places of religious resort in to Muslim shri like manner as they apply to mosques subject to the nes and places of amendments specified in the Second Scheduls hereto. religious resort.
PART V
Muslim Charitable Trustes or Wakfs
32. (1) The provisions of this Part shall apply to every Muslim charitable trust or wakf created for all or any of the following purposes other than a Muslim charitable trust or wakf which is solely for the benefit of a registered mosque
(a) the relief of poverty among Muslims or any
section thereof;

Page 16
Duty of trustees to furnish statements relating to the trusts or wakfs.
The contents of the statements to be furnished under section 33.
( 24 )
(b) the advancement of the education of Muslims
or any section thereof;
(c) the advancement of Islam generally;
(d) the management of any mosque or Muslim shrine or place of religious resort or the performance of religious riten or practices at such mosque, shrine or place or in any other place whatsoever;
(e) any purpose beneficial to Muslim or any section
thereof; and
(f) any other purpose recognized by Muslim law as
religious, pious or charitable,
(2) Repealed.
33. (1) The trustee or trustees of a Muslim chritable trust or Wakf created before the appointed date shall furnish to the board, within six months after that date a statement setting out the particulars specified in section 34 in respact of that trust or wakf.
(2) The trustee or trustees of a Muslim charitable trust or wakf created or after the appointed date shall furnish to the board, within six months after the date of creation of that trust a statement setting out the particulars specified in section 34 in respect of that trust or wakf.
(3) Notwith atanding the preceding provisions of this section, the board may where the board is satisfied that the trustee or trustees of a Muslim charitable trust
or wakf will be unable to furnish the statement required
to be furnished under those provisions within the time allowed by those provisions, allow such trustee or trustees further time for the purpose of furnishing such statement.
34. (1) Every statement required to be furnished under section 33 in respect of a Muslim charitable trust or wakf shall contain the following particulars:-
(a) the name of every person who is a trustee of that trust or wakf and the title under which each such person is entitled to be a trustee;

( 25 )
(b) a description of all the properties subject to
that trust or wakf;
(c) the gross amount of the income from such properties for the period of twelve months ending on the date on which the statement is furnished, or where that trust or wakf was created within that period, the gross amount of the income from such properties after the creation of that trust or wakf;
(d) the amount of all texes and rates annually payable to the Crown or to any local authority in respect of such properties;
(e) an estimate of the average annual expenditure necessary for the realization of the income from such properties;
(f) the amount or amounts, if any, set apart under that trust or wakf for each of the following purposes;
(i) the remuneration of every trustee of, and the remuneration of every person employed for the purposes of, that trust or wakf,
(ii) contributions to mosques:
(iii) other religious and charitable purposes, and (iv) other purposes; and (g) such other particulars as may be prescribad.
(2) Every statement of particulars required to be furnished under section 33 in respect of any Muslim charitable trust or wakfshall be accompanied by a copy, certified as a true copy under the hand of the person furnishing that statement, of every deed or other instrument, if any, by which that trust or wakf was created;
Provided, however, that where no such deed or instrument has been cxecuted, or no such copy can be procured, the statement of particulars shall contain all such information as may be within the kuowledge of

Page 17
Duty of trustees to furnish state
ments of accounts.
Audit of accounts of trustees.
( 26 )
the person or persons furnishing such statement relating to thc origin, nature and objects of such trust or wakf.
(3) Every statement of particulars required to be furnished under section 33 shall be signed by the person or persons by whom the statement is furnished and shall contain a declaration that the particulars contained
therein are true and accurate. Such declaration shall
be free of stamp duty.
35. (1) It shall be the duty of the trustee or trustees of a Muslim charitable trust or wakf to furnish to the board before the first day of June in each year a statement of accounts in such form as may be prescribed relating to all moneys received and expended in respect of that trust or wakf during the period of twelve months ending on the thirty-first day of March of that year.
Provided, however, that where the board is satisfied that such trustee or trustees will be unable to furnish such statement before the first day of June in that year, the board may allow such trustee or trustees further time for the purpose of furnishing such statement.
(2) Every statement of accounts furnished under this section shall be signed by the trustee or trustees by whom the statement is furnished and shall contain
a declaration that the particulars set out therein are true and accurate. Such declaration shall be free of stamp duty.
(3) Every statement of accounts furnished under this section shall be in the language in which the accounts of the trust or wakf are usually kept.
36. All accounts specified in a statement furnished to the board under section 35 shall be audited by an auditor, or by any other person, approved by the board, and shall be accompanied by a report of the person auditing such accounts.

Inspection of certain documents
Power of board to call for information or documents for
verifying statements and accounts.
Director or interested persons to have the power to institute action for enforeing the provisions ofa Muslim charitable trust or wakf, &c.
( 27 )
37. Every statement of particulars furnished under section 33, every statement of accounts furnished under section 35 and every auditor's report referred to in section 36 shall be open for inspection by any person authorized in writing by the board or by any Authorized Officer at any reasonable time of the day during the prescribed period.
38. Where any statement of particulars or accounts is furnished to the board under section 33 or section 35, the board may, by notice, require the person or persons by whom that statement was furnished to furnish such further information or such documents
as the board may requirc for the purpose of verifying any matter specified in that statement within such period as may be specified in the notice. The person or persons
required to furnish information or doucments under the preceding provisions of this section shall furnish such information or documents before the expiry, of the period specified in the notice.
39. (1) Subject to the provisions of subsection (2), the Director upon a directive given by the board in that behalf in respect of a Muslim charitable trust or wakf or any five persons interested in that trust or wakf may, without joining as plaintiff any other person so interested, institute an action in the District Court of the district in which the whole or any part of the subject matter of that trust or wakf is situated for both or either of the following purposes:-
(a) enumerating the properties comprised in the trust
or wakf; and
(b) granting such furthcr or other relief as the cireu
mstances of the case may require
(2) No action other than an action instituted by the Director shall be entertained by the District Court under this section unless the plaint in the action is accompanied by a certificate under the hand of the Director that the action has been approved by the board.

Page 18
Tribunal's pow
ers in setting schemes for the management of
Muslim charita
( 28 )
(3) The interest required in order to entitle
any person to be one of the plaintiffs in any action instituted under this section need not be a pecuniary
or immediate interest or such an interest as would entitle the person to take any part in the management or superintendance of the trust or wakf.
(4) For the purposes of any action to be instituted on any date under this section, any person who
(a) is the doner of any property subject to any Muslim charitable trust or wakf or is a direct made descendant of the donor, or
(b) in the case of any Muslim charitable trust or wakf created partly for the benefit of a registerd mosque, is a member of the Jama'ath of that mosque, or
(c) has, during a period of twelve months preceding that date, reccived any aims distributed by any trustee of a Muslim charitable trust or wakf or otherwise enjoyed the benefits of that trust or wakf,
shall be deemed to be a person interested in that trust or wakf.
(5) Where five or more persons interested in a Muslim charitable trust or wakf have instituted an action under subsection (1), thc withdrawal of one or more than one such person from the action shall not
prevent the District Court from continuing and conclu
ding that action, so long as at least one person who instituted thc action continues to be a party.
40. In setting a scheme for the management of any Muslim charitable trust or wakf under subsection (1) of section 39, the Tribunal may
(a) order the inspection of any institution maintained
ble trust or wakfs. for the purposes of, or in connection with, that
trust or wakf by persons authorized by the Tribunal; -

Application of Feligious law, &c.
De facto Muslim charitable trusts or wakfs.
( 29 )
(b) fix as the amount of annual remuneration of
any trustee of that trust or wakf any amount not exceeding ten per centum of the gross annual income of that trust or wakf; and
(c) direct that any surplus remaining out of the income of that trust or wakf after reasonable provision has been made for carrying out the objects of that trust or wakf shall be applied to such purposes as the Tribunal may considerfit.
4. In setting a scheme for the management of any Muslim charitable trust or wakf under subsection (1) of section 39 or in determining any question relating
to the constitution or existence of any such trust or
wakf or the devolution of the trusteeship or the administration of such trust or wakf, the Tribunal shall have regard to the instrument, if any, by which such trust or wakf has been created, the religious law and custom of the sect of the Muslim community concerned, the local custom with reference to such trust or wakf and the practices and other arrangements in force for the administration of such trust or wakf.
42. In dealing which any property alleged to be subject to a Muslim charitable trust or wakf, the Tribunal shall not be debarred from exercasing any of its powers by the absence of evidence of the formal constitution of such trust or wakf if the Tribunal is of opinion from all the circumstances of the case that such trust or wakf infact exists or ought to be deemed to exist.
PART VI
THE MUSLIM CHARITIES FUND
vuslim Uhrities Fund.
43. (1) There shall be a Muslim Charities Fund (hereinafter referred to as the 'fund'), and the fund shall be administered by the board.
(2) Subject as hereinafter provided, it shall be the duty of the trustee or trustees of each mosque referred to in Part II or Part III, Muslim shrine or

Page 19
( 30 )
place of religious rsort referred to in Part IV, or Muslim charitable trust or wakfreferred to in Part V, in respect of that mosque, shrine. place, trust or wakf, to pay
to the Director in each year to be credited to the fund, within twenty-one days after the date on which the
statement referred to in section 46 is required to be furnished, a contribution on the total income of that mosque, shrine, place, trust or wakf, less, any sums paid out of such income as rates and taxes, during the period of twelve months immediately preceding the thirty-first day of March of that year, calculated at such of the rates specified in the First Schedule to this Act as is appropriate to the case, and, where such trustee or trustees has or have failed to furnish such statement, a contribution out of such amount as is deter
mined by the board to be income of that mosque, shrine, place, trust or wakf less any sums paid out of such income as rates or taxes, during thc peried of twelve months immediately preceding the thirty-first day of March in the year in which such failure has occurred, calulated at such of the rates specified in that Scheduls as is appropriate to the case :
Provided, however, that the board may by Order
published in the Gazette exempt any such trustee or
trustees from the obligation to pay such contribution.
(3) In addition to the contribution referred to in subsection (2), there shall be credited to the fund all such sums as may from time to time be paid or bequathed to the Director as donations to the fund.
(4) Any contribution payable to the Director under subsection (2) shall be recoverable in such manner as may be prescribed. ==
(5) Subject to and in accordance with the provisions of this Part and of any regulations referred to in subsection (7), the Director shall be responsible for the management of the fund and for the due applicat
ion of the moncys and income thereof for such purposes as may be approved by the board.
Inv
ΥΠΟΙ func
Exp
O fun

esment of
eys in the
.
enditure of eys in the
( 31 )
(6) All actions and other preceedings in respect of the fund shall be by or against the Director; and all contracts and other transactions with respect of the fund shall be entered into by the Director or some officer authorized by the Director for the purpose.
(7) Regulations may be made providing for the manner in which the conditions subject to which the powers, duties and functions assigned to the Director by subsection (5) shall be exercised and performed.
(8) The accounts of the fund shall be maintained by or under the director of the Director and audited by an auditor, or by any other person, approved by the board and shall be accompenied by a report of the person auditing the accounts.
(9) For the purposes of this section, section 46,
and the First Schedule hereto, the total income in
respect of a Muslim charitable trust or wakf shall not include income from a mosque or Muslim shrine or place of religious resort.
44. The boart may invest the moneys in the fund
in such manner as may be prescribed:
Provided, however, that the board shall not invest much moneys so as to earn interest.
45. The board may expend thc moneys in the fund for all or any of the following purposes:-
(a) the building, restoration and mainternance of mosques; •
(b) the relief of poverty among Muslims or any
section thereof;
(c) the advancement of the education of the Muslims
or any section thereof;
(d) the advancement of Islam generally;
(e) any other purpose beneficial to Muslims or any
section thereof; and
(f) the payment of expenditure incurred in the management and administration of the fund.

Page 20
Duty of trustees to furnish statements of income.
Additional powers of Tribunal in regard to applications under section 29.
( 32 )
PART VIII
GENERAL
46. (1) It shall be the duty of the trustee or trustees of each mosque referred to in Part II or Part III Muslim shrine or place of religious resort referred to in Part IV or Muslim charitable trust or wakf referred to in Part V to furnish on or before the first day of June in each year, in addition to any other statement of accounts which is required to be furnished
under this Act, a statement specifying the income referred to in section 43;
Provided, however, that where the board is satisfied that such trustee or trustees will be unable to furnish such statement before the first day of June in such year, the board may allow such trustee or trustees further time for the purpose of furnishing such statement.
(2) Every statement furnished under this section shall be signed by the trustee or trustees by whom the statement in furnished and shall contain a declaration that the particulars set out therein are true and accurate.
Such declaration shall be free of stamp duty.
(3) Every statement furnished under this section shall be in the language in which the accounts of the trust or wakf are usually kept.
47. Where any application is made to the Tribunal under section 29, the Tribunal may provide in its order, in addition to the matters which may be provided for in such order under section 29, for all or winy of the
following purposes:-
(a) thc submission of accounts by a trustee or trustees in respect of any period not exceeding three years prior to the date on which such decree is made;
(b) the payment by a trustee or trustees of any sum paid by him or them wrongly to any otherperson or appropriated by him or them dishonestly to his or their own use;

Offences.
Director's statement of board’s decision to be conclusive evidnce thereof.
Offences.
*Section 53 (2) repealed
Regulations.
( 33 )
(c) the payment by a trustee or trustees of any sum representing a loss to the funds of a registered mosque for a Muslim charitable trust or wakf, such loss being caused by any neglect or omission of such trustee or trustees;
(d) the deposit by a trustee or trustees of security.
48. Repealed.
49. Repealed.
50. No action instituted under section 29 or section 39 shall be a bar to, or be suspended by, any criminal proceedings in any court.
51. Repealed.
52. A written statement under the hand of the Director embodying a decision of the board shall for the purposes of this Act, be conclusibe evidence of such decision.
53. (1) Every person who
(a) contravenes any of the provisions of this Act or of any regulation made thereunder, or
(b) makes to the Director, board, any arbitrator or
committee for the purposes of this Act any oral or written statement which is to his knowledge false in any material particular,
shall be guilty of an offence undero this Act.
(3) Every person guilty of an offence under this Act shall on conviction after summery trial before a Magistrate, be liable to a fine not exceeding two thousand rupees, or to imprisonment of either description
for a term not exceeding three months or to both such fine and imprisonment.
54. (1) The Minister may, with the advice of the board, make regulations for the purpose of carrying out or giving effect to the principle and provisions of this Act.

Page 21
Non-application of sections 100
to 109 of Trusts Ordinance
( 34 )
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1),
the Minister may, with the advice of the board, make
regulations in respect of all or any of the following matters:-
(a) all matters authorized or required by this
Act to be prescribed;
(b) the payment of allowances to members of the board and fees to auditors or other
persons auditing accounts for the purposes
of this Act, and the rates according to which such allowances or fees are to be calculated; and
(c) the procedure to be observed at meetings of the board or the Tribunal or of trustees of a mosque.
(3) Every regulation made by the Minister shall be published in the Gezetee a, d shall come into opera
tion on the date of such publication or on such later date
as may be specified in the regulation.
(4) Every regulation shall as soon as convenient after publication in the Gazette be brought before
Parliament for approval and upon such approval, shall have the same force and effect as a provision on this Act. Any regulation which is not approved shall be deemed to be rescinded from the date of its disapproval
but without prejudice to anything previously done thereunder.
i (5) Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.
A. 55. Section 100 to 109 (both sections inclusive) of the Trusts Ordinance shall not apply to any Muslim
charitable trust or wakf or any property subject to such trust or wakf.

Appeals.
Contempt proceedings.
Repeals.
No action against board &c. for things done in good faith under the Act.
Procedure for the recovery of penalties and fines.
( 35)
55A, Every order made by the Tribunal shali be deemed to be an order made by a District Court and the provisions of the Civili Procedure Code governing appeals from orders and judgments of a District Court shall, mutatis mutandis, apply as though the references therein to a District Court were references to the Tribunal.
55B. For the purposes of dealing with offences of contempt against the authority of the Tribunal, the Tribunal shall have the powers of a District Court, and accordingly the provisions of section 55 of the Judicature Act, No. 2 of 1978, shall mutatis mutandis, apply as though the references therein to a District Court were references to the Tribunal,
56. Sections 5 to 24* (both sections inclusive) of the Muslim Intestate Succession and Wakfs Ordinance, No 10 of 1931, are hereby repealed.
57. Repealed,
57A. No action or other legal proceeding shall lie against the board or any member thereof, or the Director or any other person duly appointed or authorized under this Act, in respect of anything which is in good faith done or purported to be done under this Act.
P
57B. The provisions of this Act shall apply to every mosque, Muslim shrine and place of religius resort, whether incorporated or not, notwithstanding anything in any other written law or any order made by a court of law as regards the administration of any mosque; Muslim shrine or place of religious resort, and where there is a conflict between this Act and any other writteu llaw, the provisions of this Act shall p1 ev til
57C. Any fine or penalty imposed by the Tribunal or Court of Appeal may in case of default be recovered on an application made by an authorized officer to the Magistrate having jurisdiction in the area where the person liable to pay such penalty or fine is for the time being resident notwithstanding any limits deposed by any other law.

Page 22
س م ) .
Interpretation. 58. In this Act, unless the context otherwise require
“authorized officer' means an officer authorized
to act as such for the purposes of this Act;
“board' means the Mosques and Muslim Charitable
trusts or Wakfs Board cstablished under this Act
“Director” means the Director for Mosques and Muslim Charitable Trusts or Wakfs appointcd under this Act;
''Deputy Direetor' means any Deputy Director for Mosques and Muslim Charitable Trusts or Wakfs appointed under this Act;
"Jama'ath" in relation to a mosque means the persons who ordinarily worship at, or purticipate in the religious or customary rites and ceremonies of, that mosque and whose names appear on the register of membcrs of the mosque for the time being;
"member" means a member of the board or the
Tribunal an the case may be;
“Minister" means the Minister in charge of the
subject of Muslim Affairs;
“Mosque' means any place of exclusibe Muslim worship whether of or for any sect or Jama' ath and whether incorporated or not, and includes any thakiya or zavia whether affiliated or unaffilaited to any mosque;
“Muslim shrines and places of religious resort' include a Muslim shrine or a place of religious resort situated in land which is wakf or in land in private ownership.
'person or persons who immediately prior to the date of such appointment had in any capacity whatsoever the possession, custody or control' means any person who, contrary to the provisions of any trust, deed, or document, possesses, occupies, alienates, acquires or commite trespass

(37)
upon, in any manner whatsoever notwithstanding any other law, any property, movable or immovable belonging to, or in any way apportaining to or appropriated to the use of that mosque;
"prescribed' means prescribed by regulation made
under; this Act; and
“Tribunal' means the Wakft Tribunal, establishcd
under this Act,
In this Act, except in Parts II and V and in subsection (3) of section 14, unless the context otherwise requires, “trustee', in relation to a mosque, Muslim
sharine or place of religious resort, shatl mean a trustee appointed by the board under this Act.
18. (1) Where, by reason of the repeal of subsection (2) of section 32 of the principal Act, by Act No. 21 of 1962, the provisions of Part V of the principal Act become applicable to any Muslim chritable
trust or wakf of the description specified in that subsection, the trustee or trustees of any such trust or wakf shall, notwithstanding anything in the principal Act, furnish to the board within six months after 16th June, 1962, a statement setting out the particulars
specified in section 34 of the principal Act in respect of such trust or wakf.
(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under the principal Act and shall, on conviction after summary trial before a Magistrate, be liable to the same penalty as is specified in section 53 (3) of that Act.' See Section 18 of the Muslim Mosques
and Charitable Trusts or wakfs (Amendment) Act. No. 2 of 1962.
w

Page 23
Rates of contribution to the Muslim Charitable Fund
Section 43 (2)
(Section 31)
(38)
FIRST SCHEDULE
l. The rate of contribution for any year in respect of a registered mosque, Muslim charitable trust or wakf to the Muslim Charitable Fund, shall be six per centum of the net income in that year;
2. The rate of contribution for any year in respect of a Muslim shrine on place of religious resort to the Muslim Charities Fund shall be 10 per centum of the income referred to in section 43 of that shrine or place in that year.
SECOND SCHEDULE
1. In Parts II and IIJ, there shall be substituted for the word “mosque', wherever that word occurs in those Parts, the words “shrine or place of religious resort''
2. In section 10
(a) in subsection (1), there shall be substituted for the words “opened for public worship', the words “which case into existence as such' and
(b) in subsection (2)-
(i) there shall be substituted for the words “opened for public worship', the words “which come into existence as such', and \
9 (ii) there shall be substituted for the words “is so opened' the words, “comes into
existence' R
3. In sectione 12 and 13, there shall substituted for the word “mosque' the words, "shrines and places
of religious resort'.
3A. In subsection (1) of section 13B and section 13C there shall be substitiuted for the word “mosque', the words 'Shrines and places of religious resort'.

( 39 )
4. In section 18 (h), there shall be substituted, for the word “jama'ath”, the word “board”.
S. In section 29
(a) in subrection (1), there shall be subsetituted for
the words 'members of the jama'ath of', the words “persnins interested in';
(b) there shall be substituted for subsection (8) the following new subsection:-
“(8) The intcrest required in order to entitle any person to be one of the plaintif in any action instituted under this section need not be a pecuniary or an immediate interest or such an interest as would entitle the person to take part in the management
or superintendence of the shrine or place of religious resort.'; and
(c) there shall be inserted immediately after subsection (9), the following subsection:-
'' (10). For the purposes of this section, any person who
(a) is the donor or any property to the shrine or place of religious resort or is the direct male descendent of the donor, or
(b) has during the period of twelve months immediately preceding that date been in the habit of
(i) attending such shrine or place, or
(ii) contributing to the payment of any expenditure incurred in connection with such shrine or place, or
(iii) receiving any alms distributed by any trustee of such shrine or place or otherwise lenjoying the benefit thereof,
shall be deemed to be a person interested in the shrine or place.'

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Transitional provision.
( 40 )
All matters, suits and proceedings pendings on the day preceding the date of commencement of this Act in any court...... in respect of any matter which by the principal enactment. as amended by this Act, is within the exclusive jurisdictions of the Wakfs Tribunal, have and except any appeal pending in the court of appeal or Supreme Court from any Judgment or order in respect of any such matter, shall stand removed with effect from the date of commencement of this Act to the Wakfs Tribunal to be heard and determined or . continued and completed.

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