Singapore legislation

Clause 11

of Administration of Muslim Law (Amendment) Bill

Clause 11

Repeal and re-enactment of section 53 and new sections 53A and 53B

Section 53 of the principal Act is repealed and the following sections substituted therefor:“Enforcement of orders53.—

(1)

The Court may, for every breach of an order made under section 51 or 52, direct the amount or the value of the property due to be levied in the manner provided for levying fines imposed by a Magistrate's Court.(2) For the purposes of enforcement of any order made under this Part, any party interested may apply for the order to be registered in a District Court in accordance with the Rules of Court and the District Court shall register the order in accordance with the Rules of Court.(3) From the date of registration of an order under subsection (2), the order shall be of the same force and effect, and all proceedings may be taken on the order, for the purposes of enforcement as if it had been an order originally obtained in the District Court which shall have power to enforce it accordingly.(4) A District Court shall have jurisdiction to enforce any order in accordance with subsection (3) regardless of the monetary amount involved.(5) In enforcing a custody order registered under subsection (2), a District Court may exercise the powers conferred on the High Court by section 14 of the Guardianship of Infants Act (Cap. 122) except that the reference to the sheriff in that section shall be read as a reference to a bailiff for the purposes of this subsection.Execution of deed or indorsement of negotiable instrument53A.—

(1)

If a judgment or order of the Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, document or indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the Court for execution upon the proper stamp, if any is required by law.(2) The signature thereof by any president of the Court shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute.(3) Nothing in this section shall be taken to abridge the powers of a court under section 53.(4) This section and sections 51(4) and (5), 52(7) and (8) and 53 shall also apply to any judgment or order of the Court made before the commencement of the Administration of Muslim Law (Amendment) Act 1998.Costs53B. The Court may, in its discretion, order any party to pay any costs of any proceedings under this Part, including travelling and subsistence expenses of the parties and witnesses, and shall itself assess the amount of any costs so ordered to be paid.”.