Clause 16

by inserting, immediately after subsection (3), the following subsection:“(3A) The appointment, on or after the date of commencement of section 16(a) of the Administration of Muslim Law (Amendment) Act 2017, of a trustee of a wakaf or nazar am, under an instrument or declaration creating, governing or affecting the wakaf or nazar am, is void unless the trustee was appointed with the prior approval in writing of the Majlis.”;

by deleting subsection (4) and substituting the following subsections:“(4) The trustees of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, and any mutawalli appointed under subsection (4A), (4B) or (5) for a wakaf or nazar am, must —

manage the wakaf or nazar am subject to the provisions of this Act;

comply with the provisions of any rules made under section 145(1) for the purposes of this section and, in the case of the trustees of a wakaf or a mutawalli appointed for a wakaf, any rules made under section 64(12); and

comply with all the terms and conditions imposed by the Majlis on the trustees concerning the trustees’ appointments, or on the mutawalli concerning the mutawalli’s appointment, as the case may be.(4A) The Majlis has power to remove, and to appoint a mutawalli in the place of or in addition to, an existing trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, if it appears to the Majlis that —

the wakaf or nazar am has been mismanaged;

the trustee —

has been convicted, on or after the date of commencement of section 16(b) of the Administration of Muslim Law (Amendment) Act 2017, of any offence under section 64(11);

has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a trustee of a wakaf, any rules made under section 64(12); or

has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or

it would be to the advantage of the wakaf or nazar am to appoint a mutawalli.(4B) The Majlis has power to appoint a mutawalli for a wakaf or nazar am if it appears to the Majlis that there is no trustee appointed for the management of the wakaf or nazar am.”; and

by inserting, immediately after subsection (5), the following subsections:“(6) Without affecting the generality of subsection (5), the Majlis has power to remove any mutawalli appointed by the Majlis for a wakaf or nazar am, if it appears to the Majlis that —

the wakaf or nazar am has been mismanaged;

the mutawalli —

has been convicted, on or after the date of commencement of section 16(c) of the Administration of Muslim Law (Amendment) Act 2017, of any offence under section 64(11);

has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a mutawalli appointed for a wakaf, any rules made under section 64(12); or

has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or

it would be to the advantage of the wakaf or nazar am to appoint another mutawalli.(7) A court must not entertain or proceed with any proceedings relating to the appointment or removal of either of the following:

a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am;

a mutawalli appointed by the Majlis.(8) Subsections (3A), (4), (4A) and (7)(a) apply to a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, regardless whether the instrument or declaration was made before, on or after the date of commencement of section 16(c) of the Administration of Muslim Law (Amendment) Act 2017.”.