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For Regulation, please refer to the Gazette of the Democratic Socialist Republic of Sri Lanka (Extra Ordinary) No.342/8, 29-3-85.
MUSLIM MOSQUES AND CHARITABLE
TRUSTS OR WAKFS
Act No. 33 of 1982
An Act to provide for the registration of Mosques, Muslim Shrines and Places 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.
PART - I
The Staff, the Board and Tribunal
2. (1) There may be appointed for the purpose of this Act 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 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 direction and control of the Director, exercise any of the Director’s powers and perform 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 and Muslim Charitable Trusts or Wakfs Board which shall consist of the Director and seven other members appointed by the Minister.
(2) Every member who vacates his office by effluxion of the 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 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.
6. 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 or 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. 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; o
(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 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
(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 themselves 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.
(7) If at three consecutive meetings of the board there are 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 powers and discharge the duties of the board under this Act.
9A 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.
9B 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 of witnesses;
(b) To compel; the production of documents; and
(c) To administer any oath or affirmation to witnesses
9C An application to the board under the Act shall be in the manner prescribed.
9D (1) There shall be appointed by the judicial Service Commission for the purpose 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 Commissions 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 beard 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 under 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 purpose: -
(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 trusts 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 or trust on neglect of duty;
(h) Ordering the payment by any trustee of the trust or wakf of any sum to the funds of the trust or wakf 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 provision 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, pr any five or more persons interested in that trust or wakf,
(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 wakf have make 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 shall 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 proceedings under this Act, the Tribunal shall follow the procedure of a District Court, and in the executing of orders and judgments, 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 execution of the tribunal.
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 purpose of hearing and determining any appeal made under subsection (1) the Tribunal shall have the following powers:
(a) To call for the record 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
(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
9J 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 that jurisdiction shall not be tried or inquired into by any court or tribunal of first instance.
PART - II
Registration of Mosque
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 oif 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 mosque, opened for public worship on or after the 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) Upon receipt of an application under section 10, the board may, by notice served in the prescribed manner, require the application to furnish to the board. Within such time as may be specified in the notice. All such information and documents regarding 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. (1) The board shall cause a register of mosques 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) The particulars contained to 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.
13A Notwithstanding anything in section 10, where and 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 respect of which no application for registration had been made should be registered, the board shall for the purposes of such registration collect all such information as it may consider necessary regarding that mosque, and publish a notice of such determination 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 one 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 any, to the registration of the mosque, cause the mosque to be registered in the register of mosques by the entry therein of such particulars relating to the mosques as are available to the board.
13.C If at any time the board is satisfied that it has caused a mosque to be registered by reason of a mistake of law or of fact, it shall be lawful for the board to cause the entry relating to that mosque to be deleted from the register of mosque, and such mosque shall be deemed to be not registered with effect from the date of such delectation.
PART III
Appointment, Powers and Duties of Trustees of Registered Mosques, &c.
14. (1) As soon as may be, after a mosque has been registered under section 13, the board-
(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, regulation or other arrangements 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 period if the board considers necessary of the proper administration of the mosque.
(1A) The board may at any time after the appointment of a person as trustee of a mosque revoke his appointment if it is satisfied that such appointment was made by reason of a mistake of law or of fact.
Where the boar 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 appointment as trustee and
II. Require him to return to the board the instrument of appointment issued to him,
And upon receipt of such notice such 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 provide for by the practices, rules, regulations or other arrangements in force for he 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 under section 15 or his appointment as trustee is revoked by the board; or Tribunal.
(3) Until the board makes an appointment or appointments under 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 responsible for the exercise of all powers and the performance of all duties in connection 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 Jama’ath of the mosque.
15. (1) Every trustee of a registered mosque shall vacate his office-
(a) On death; or
(b) If he is convicted by a competent court of an offence involving moral turpitude; or
(c) If he is adjudged by a competent court to be of unsound min; or
(d) If, having been adjudged and 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
(e) If he resigns office by writing under his hand addressed to the Director; or
(f) If whilst he is a trustee of a Jumma mosque, holds office as a trustee of another Jumma Mosque;
Provide, however that where more than one Jumma mosque is administered by a common Board of Trustees according to long usage or custom in a particular area, a trustee of another Jumma mosque; or
(g) If the board removes him from office under section29.
(2) Where a trustee of a registered mosque vacates office, 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 instrument of appointment,
(3) When a trustee vacates office the other trustees shall, during the continuance 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 possession, custody or control of any property which-
(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 there for by such trustee or trustees; hand over or deliver possession of, such property, together with any documents relating to such property, to such trustee or trustees.
(2) Where any person fails t comply with the requirements of a request made under subsection (1) within thirty days of the date of receipt of such request, the board may. If it decides so to do, cause a notice in writing to be served on such person. Every such notice shall direct such person, 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, together with any documents relating there to, to the trustee 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 property 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 the 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 such property is land, or where such person resides, if such property is property other than land, be entitled to an order of that court directing the Fiscal to delivery possession of or hand over such property to the trustee or trustees of the mosque.
(4) Where any person fails to hand over to he trustee or trustees of a mosque any sum of money specified in a notice serviced on him under subsection (2) with in the period specified in that notice, the 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 Magistrate having jurisdiction 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 amount of the money may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.
(5) (a) Where in order under subsection (3) is issued to the Fiscal by a Magistrate’s Courts. He shall forthwith execute that order and shall in writing report to that court the manner in which that order was executed.
(b) For the purpose of executing 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 possession of that land to the trustee or trustees of the mosque.
(c) Notwithstanding the provision 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 taker 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 dispatched to him by registered post and addressed to his last known place of abode.
(b) A request or notice made or given to any person by letter as provided in this subsection shall be deemed to have been made to, or served on him at the time at which the letter would have been delivered in the ordinary course of post.
(7) A decision of the board under subsection (2) shall be final and conclusive and shall not be called in question in any court.
Provided, however, that any person who claims have any interest in any property which has been handed over, or the possession of which has been delivered to, the trustee 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 possession thereof has been delivered to such trustee or trustees, institute an action a could of competent jurisdiction to recover possession of such property, and 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, labourer, 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, Lebbbe, Muezzin, teacher in Arabic or labourer, or carrying on duties in any other capacity whatsoever in that mosque.
16. (1) There shall vest in the trustee or trustees of a registered mosque.
(a) any movable or immovable property which-
(i) belong to, or in any wise appertains to or in appropriated to the use of, that mosque, or
(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 encumbrance 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 registered mosque are in this Act referred to as the income of that mosque.
17. (1) It shall be the duty of the trustee or trustees of a 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 for inspection by the auditor or other parson referred to in section 28 at all reasonable 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 and sum in excess of on hundred rupees.
18. 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) If he is convicted by a competent court of an offence involving moral turpitude; or
(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; |
