Singapore legislation

Clause 17

of Administration of Muslim Law (Amendment) Bill

Clause 17

New section 62A

In the principal Act, after section 62, insert —“Property and assets of wakaf created by Majlis62A.—

(1)

The Majlis may, with the written approval of the Minister, transfer any moneys or movable or immovable property from the General Endowment Fund to any wakaf created by the Majlis under section 58(3A) (called in this section a Majlis wakaf).(2) All moneys and movable and immovable property contributed or dedicated to any Majlis wakaf are to be vested in the Majlis, whether received from individuals, entities, mosques, madrasahs or the General Endowment Fund, and are to be used for the purposes specified in the instrument creating the Majlis wakaf.(3) The Majlis may invest any moneys or property in a Majlis wakaf in accordance with both the Muslim law and the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.(4) The income derived from the investments mentioned in subsection (3) may be used for the payment of —

(a)

the reasonable remuneration and expenses of any mutawalli appointed to administer or manage the Majlis wakaf; and

(b)

other expenses incurred in maintaining and administering the Majlis wakaf.(5) Where the income mentioned in subsection (4) is insufficient for the payments to be made under that subsection, the Majlis may provide for any shortfall to be paid out of the capital of the Majlis wakaf.(6) This Act applies with the modifications prescribed in rules made under subsection (7) to a Majlis wakaf as it applies to a wakaf that is not created by the Majlis.(7) The Majlis may, with the approval of the Minister, make any rules that are necessary or expedient for the purpose of carrying out the provisions of this Act relating to any Majlis wakaf and those rules may —

(a)

provide for the manner of payment and collection of contributions to a Majlis wakaf and any incidental matters;

(b)

provide for the return of contributions or any part of such contributions paid in error;

(c)

prescribe the procedure to be followed when contributions are paid to a Majlis wakaf;

(d)

provide for the keeping of books, accounts or records of contributions to a Majlis wakaf;

(e)

prescribe the manner in which the moneys or property in a Majlis wakaf may be applied for or in respect of the purposes specified in the instrument creating the wakaf, and generally for the administration of such moneys or property; and

(f)

prescribe anything which may be prescribed with respect to a Majlis wakaf.”.