Singapore legislation

Section 64

of Administration of Muslim Law Act 1966

Section 64

Registration of wakafs

(1)

Every wakaf, whether created before or after 1 July 1968, must be registered at the office of the Majlis.

(2)

Application for registration must be made by the mutawalli of the wakaf.

(3)

An application for registration must be made in such form and manner as the Majlis may require and must contain the following particulars:

(a)

a description of the wakaf properties sufficient for the identification of the properties;

(b)

the gross annual income from the wakaf properties;

(c)

the amount of rates and taxes annually payable in respect of the wakaf properties;

(d)

an estimate of the expenses annually incurred in the realisation to the income of the wakaf properties;

(e)

the amount set apart under the wakaf for —

(i)

the salary of the mutawalli and allowances to the individuals;

(ii)

purely religious purposes;

(iii)

charitable purposes; and

(iv)

pious and any other purposes; (f)any other particulars required by the Majlis.

(4)

Every application must be accompanied by a copy of the wakaf deed, or if no such deed has been executed or a copy thereof cannot be obtained, must contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the wakaf.

(5)

The Majlis may require the applicant to supply any further particulars or information that the Majlis may consider necessary.

(6)

On receipt of an application for registration, the Majlis may, before the registration of the wakaf, make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars in the application.

(7)

When an application is made by any person other than the person managing the wakaf property, the Majlis must, before registering the wakaf, give notice of the application to the person managing the wakaf property and must hear the person managing the wakaf property if the person managing the wakaf property desires to be heard.

(8)

In the case of wakafs created before 1 August 1999, every application for registration must be made within 6 months from that date; and in the case of wakafs created after that date, within 6 months from the date of the creation of the wakaf.

(9)

The Majlis must maintain a register of wakafs in such manner as the Majlis may think fit, including in electronic form in a computer, in which must be entered such particulars as the Majlis may determine.

(10)

The Majlis may itself cause a wakaf to be registered or may at any time amend the register of wakafs.

(11)

Any mutawalli of a wakaf who fails to —

(a)

apply for the registration of the wakaf;

(b)

furnish statements of particulars as required under this section;

(c)

supply information or particulars as required by the Majlis;

(d)

allow inspection of wakaf properties, accounts, records or deeds and documents relating to the wakaf;

(e)

deliver possession of any wakaf property, if ordered by the Majlis;

(f)

carry out the directions of the Majlis; or

(g)

do any other act which the mutawalli is lawfully required to do by or under this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.

(12)

The Majlis may, with the approval of the Minister, make rules to provide —

(a)

for the preparation of annual statements of accounts, reports and returns by the mutawallis of wakafs and for their submission to the Majlis;

(b)

for the payment of fees for the inspection of, and extraction from, the register of wakafs; and

(c)

generally for giving full effect to or for carrying out the purposes of this section.

Read in full context — Administration of Muslim Law Act 1966 →