Kenya Act or statute

Parliament of Kenya

Waqf Act

Jurisdiction: Kenya
Structure: 33 provisions
Citation: Cap. 109
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“The Act may be cited as the Waqf Act.”

The Act may be cited as the Waqf Act. This section provides definitions of terms used in the Act, including roles (alim, Director-General), bodies (Commission), accounts, categories of waqf, trustee, waaqif, Muslim, and zakat. The Act applies to the making and administration of all awqaf in Kenya. Sets conditions for validity of a waaqf, including that the waaqf must be made in accordance with Islamic law, the waaqif must have attained eighteen years and be of sound mind, and that it must be for religious purposes for the poor and vulnerable within the Muslim community; also provides that a waqf is not invalid merely because certain benefits take effect after the extinction of the waaqif's family. Members of the Commission are to be paid allowances, which the Commission may determine in consultation with the Salaries and Remuneration Commission.

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PRELIMINARY - 1. Short title

The Act may be cited as the Waqf Act.

Section 1

Part II –WAQFCOMMISSION - 5. Establishment of theWaqfCommission

Establishes the Waqf Commission and lists its corporate capacities (e.g., suing and being sued; acquiring and disposing of property; borrowing money; entering into contracts; performing acts for its functions) and rules about authentica…

Section 5

MANAGEMENT OFAWQAF - 17. Production of documents by trustees

The Commission may at any time require a waqf trustee to produce books or documents; a trustee who fails to comply commits an offence and on conviction faces a fine up to two million shillings or imprisonment up to one year.

Section 17

FINANCIAL PROVISIONS - 25. Accounts and audit

The Commission must keep proper books of accounts recording its income, expenditure, assets and liabilities.

Section 25

MISCELLANEOUS - 34. Transitional provisions

Transitional provisions: existing Wakf Commissioners and Secretary continue to serve their remaining terms; the Commission must review existing Wakf leases within one year; staff of the former Wakf Commissioners are deemed appointed und…

Section 34

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Showing 33 of 33 provisions

Provision 25Offence 4Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Waqf Act.

Section 1. Short title Section This Act may be cited as the Waqf Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act, including roles (alim, Director-General), bodies (Commission), accounts, categories of waqf, trustee, waaqif, Muslim, and zakat.

Section 2. Interpretation Section In this Act, except where the context otherwise requires— " alim " means a Muslim scholar; "Commission" means the Waqf Commission established under section 5 ; "Director-General" means the Director-General appointed under section 11 (1); "general administration account" means an account whose funds are used for the general administration and management of the Commission; "maintenance and reserve account" means an account whose funds are used for preservation and maintenance of waqf property; "Muslim" means a person who professes the Islamic faith; "surplus account" means the account established under section 24 ; "trustee" means a person, whether alone or jointly with another, administering any waqf property; " waaqif " means a person who endows his property or cash as the subject of a waqf ; " waqf " means a religious, charitable or benevolent endowment or dedication of any property in accordance with Islamic law, and " awqaf " means more than one waqf ; " waqf ahli " means a waqf made for the benefit of an individual or a family, or for the performance of a rite or ceremony that is recognised by Islamic law; " waqf khairi " means a waqf , other than a waqf ahli , made for a public purpose recognised by Islamic law; " waqf mushtaraq " means a waqf which is made in part for the benefit of an individual or a family and in part for a public purpose that is recognised by Islamic law; and " zakat " means payment made annually under Islamic law on certain kinds of property and used for charitable and religious purposes as a third pillar of Islam.

Section 2Verify source

§ 3PRELIMINARY - 3. ApplicationProvision

The Act applies to the making and administration of all awqaf in Kenya.

Section 3. Application Section This Act shall apply to the making and administration of all awqaf in Kenya.

Section 3Verify source

§ 4PRELIMINARY - 4. Validity of awaqfProvision

Sets conditions for validity of a waaqf, including that the waaqf must be made in accordance with Islamic law, the waaqif must have attained eighteen years and be of sound mind, and that it must be for religious purposes for the poor and vulnerable within the Muslim community; also provides that a waqf is not invalid merely because certain benefits take effect after the extinction of the waaqif's family.

Section 4. Validity of awaqf Section 4(1)(a) it is made in accordance with Islamic law; Section 4(1)(b) the waaqif has attained eighteen years; Section 4(1)(c) the waaqif is of sound mind; and Section 4(1)(d) it is made for religious purposes for the poor and vulnerable within the Muslim community. Section 4(2) A waqf shall not be invalid merely because the benefit of the waqf that shall be reserved for the poor or any other purpose shall not take effect until after the extinction of the family of the waaqif .

Section 4Verify source

Part II

Part II –WAQFCOMMISSION

§ 10Part II –WAQFCOMMISSION - 10. Remuneration of members of the CommissionProvision

Members of the Commission are to be paid allowances, which the Commission may determine in consultation with the Salaries and Remuneration Commission.

Section 10. Remuneration of members of the Commission Section There shall be paid to the members of the Commission such allowances as the Commission may, in consultation with the Salaries and Remuneration Commission, determine.

Section 10Verify source

§ 11Part II –WAQFCOMMISSION - 11. The Director-GeneralProvision

The Commission must recruit and appoint a Director-General through a competitive process; the Director-General must serve as chief executive, handle day-to-day management, be Secretary to the Commission, and oversee income, assets, liabilities and proper implementation of the Act; the Commission may determine terms and conditions in consultation with the Salaries and Remuneration Commission.

Section 11. The Director-General Section 11(1) There shall be a Director-General of the Commission who shall be recruited and appointed by the Commission through a competitive process on such terms and conditions as the Commission may in consultation with the Salaries and Remuneration Commission determine. Section 11(2)(a) is a Muslim; Section 11(2)(b) is a citizen of Kenya; Section 11(2)(c) holds a degree from a university recognized in Kenya; Section 11(2)(d) has at least five years' experience at senior management level in a public institution or a reputable private institution; Section 11(2)(e) administration; Section 11(2)(e)(i) administration; Section 11(2)(e)(ii) accounting; Section 11(2)(e)(iii) certified public secretarial work; Section 11(2)(e)(iv) law; Section 11(2)(e)(v) land economics; Section 11(2)(e)(vi) social work; Section 11(2)(e)(vii) architecture; Section 11(2)(e)(viii) construction management; or Section 11(2)(e)(ix) civil engineering; and Section 11(2)(f) meets the requirements of Chapter Six of the Constitution. Section 11(3) The Director-General shall be the chief executive officer of the Commission and responsible for the day-to- day management of the affairs of the Commission. Section 11(4)(a) all income and expenditure of the Commission; Section 11(4)(b) the assets and the discharge of all liabilities of the Commission; and Section 11(4)(c) the proper implementation of this Act. Section 11(5) The Director-General shall be the Secretary to the Commission.

Section 11Verify source

§ 12Part II –WAQFCOMMISSION - 12. Staff of the CommissionProvision

The Commission may appoint officers and staff; those appointed shall serve on terms and conditions determined by the Commission in consultation with the Salaries and Remuneration Commission.

Section 12. Staff of the Commission Section 12(1) The Commission may appoint such other officers and staff as may be necessary for the proper discharge of its functions under this Act. Section 12(2) The persons appointed under subsection (1) shall serve on such terms and conditions as the Commission may, in consultation with the Salaries and Remuneration Commission, determine.

Section 12Verify source

§ 13Part II –WAQFCOMMISSION - 13. Removal of a trusteeProvision

Section 13 lists grounds on which a trustee may be removed, including misappropriation, neglect where funds exist, intentional damage or loss, breach of trust, or other reasons under Islamic law; subsection (2) allows the waaqif to remove a trustee if that right is reserved in the waqf deed.

Section 13. Removal of a trustee Section 13(1)(a) misappropriation of a waaqif 's property; Section 13(1)(b) allowing the waqf property to fall into disrepair when the trustee has funds to maintain the property; Section 13(1)(c) knowingly or intentionally causing damage or loss to waqf property; Section 13(1)(d) breach of trust in relation to the waqf property; or Section 13(1)(e) any other sufficient reason permitted by Islamic law. Section 13(2) Despite subsection (1), a trustee may be removed from office by the waaqif , if the right to remove the trustee is reserved in the waqf deed.

Section 13Verify source

§ 5Part II –WAQFCOMMISSION - 5. Establishment of theWaqfCommissionProvision

Section 5. Establishment of theWaqfCommission Section 5(1) There is established a commission to be known as the Waqf Commission. Section 5(2)(a) suing and being sued; Section 5(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 5(2)(c) borrowing money; Section 5(2)(d) entering into contracts; and Section 5(2)(e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. Section 5(3) The seal of the Commission shall be authenticated by the signature of the chairperson, or a member authorised by the Commission to act in that behalf in the absence of the chairperson and the Director-General. Section 5(4) The seal of the Commission, when authenticated under subsection (3), shall be officially and judicially noticed. Section 5(5) All documents, other than those required by law to be under seal, made by, and all decisions of the Commission, may be signed by the chairperson, any commissioner authorised to do so in the absence of the chairperson, or the Director-General.

Section 5Verify source

§ 6Part II –WAQFCOMMISSION - 6. Composition of the CommissionProvision

The Commission includes one alim who shall be well-versed in Islamic jurisprudence.

Section 6. Composition of the Commission Section one alim who shall be well-versed in Islamic jurisprudence;

Section 6Verify source

§ 7Part II –WAQFCOMMISSION - 7. Selection panelProvision

The Attorney-General must appoint a selection panel within 14 days of a vacancy; the panel must solicit and shortlist applicants, interview them, seek Muslim views on shortlisted candidates, and recommend candidates to the Attorney-General. The Government bears the panel's expenses. Commission members serve five years and may be reappointed once.

Section 7. Selection panel Section 7(1) The Attorney-General shall, within fourteen days after the occurrence of a vacancy in the Commission, appoint a selection panel for the purpose of nominating suitable candidates for appointment as a member of the Commission under section 6 (a), (b) or (c). Section 7(2)(a) no Kadhi shall be appointed as a member of the selection panel; Section 7(2)(b) a person having a conflict of interest whether directly in person or indirectly as a family member or a beneficiary or lessee of a waqf shall not be appointed as a member of the selection panel; Section 7(2)(c) no state officer or public officer shall be appointed as a member of the selection panel; and Section 7(2)(d) the selection panel shall be dissolved on the appointment of the Commissioners. Section 7(3)(a) invite applications from qualified persons by notice in the Gazette and advertisement in at least two newspapers of national circulation; Section 7(3)(b) prepare a shortlist of qualified applicants; Section 7(3)(c) conduct interviews of shortlisted applicants to assess their qualifications as specified in section 6 and their compliance with Chapter Six of the Constitution; and Section 7(3)(d) recommend the names of successful candidates to the Attorney-General for appointment as members of the Commission. Section 7(4) The selection panel shall invite views from Muslims in respect of the shortlisted candidates before making its recommendations to the Attorney-General under paragraph (3)(d). Section 7(5)(a) not more than two-thirds of the members of the Commission are of the same gender; Section 7(5)(b) one member of the Commission shall represent the youth; and Section 7(5)(c) one member of the Commission shall represent persons with disabilities. Section 7(6) The expenses and liabilities of the selection panel shall be borne by the Government. Section 7(7) Members of the Commission shall hold office for a period of five years and shall be eligible for reappointment for one further term of five years. Section 7(8)(a) dies; Section 7(8)(b) is absent from three successive meetings of the Commission without the permission of the chairperson; Section 7(8)(c) resigns by notice in writing addressed to the Attorney-General; or Section 7(8)(d) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution. Section 7(9) A vacancy in the Commission shall be filled in accordance with the procedure set out in this section.

Section 7Verify source

§ 8Part II –WAQFCOMMISSION - 8. Functions of the CommissionProvision

The Commission must register all awqaf.

Section 8. Functions of the Commission Section register all awqaf ;

Section 8Verify source

§ 9Part II –WAQFCOMMISSION - 9. Chairperson and quorumProvision

Members must elect one member as chairperson at the first meeting each year; the chairperson shall preside at meetings; quorum is five members; if quorum fails at two successive meetings three members may hold a meeting; members serve part-time; the Commission may regulate its own procedure.

Section 9. Chairperson and quorum Section 9(1) At the first meeting of the Commission in each year, the members shall elect one person from among their number to be the chairperson during the year. Section 9(2) The chairperson shall preside over all meetings of the Commission, and in the absence of the chairperson from any meeting, the members present shall elect one person from those present to preside over the meeting. Section 9(3) The quorum of the Commission shall be five members. Section 9(4) Notwithstanding subsection (3), where quorum is not achieved in two successive meetings, three members of the Commission may hold a meeting. Section 9(5) The members of the Commission shall serve on a part-time basis. Section 9(6) Except as provided under this section the Commission may regulate its own procedure.

Section 9Verify source

Part III

MANAGEMENT OFAWQAF

§ 14MANAGEMENT OFAWQAF - 14. Register ofawqafOffence

Awqaf must be registered with the Commission; trustees must apply within three months and pay prescribed fees; failure to register is an offence punishable by fine or imprisonment.

Section 14. Register ofawqaf Section 14(1) All awqaf shall be registered with the Commission in such manner as the Commission may specify. Section 14(2) The Commission shall establish and maintain a register of registered awqaf in such form and containing such particulars as it may determine. Section 14(3) Every trustee of a waqf shall, within three months from the date of the establishment of the waqf , apply to the Commission for its registration in the prescribed manner. Section 14(4) An application under subsection (3) shall be accompanied by such fees as may be prescribed. Section 14(5) A trustee who fails to comply with the provisions of subsection (3) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.

Section 14Verify source

§ 15MANAGEMENT OFAWQAF - 15. Administration ofawqafby the CommissionProvision

The Commission may, on trustees' application and subject to waaqif-imposed conditions, take over administration of certain waqf; property of such waqf shall vest in the Commission. For waqf ahli or waqf mushtaraq the trustees' application must be accompanied by consent of a majority of beneficiaries.

Section 15. Administration ofawqafby the Commission Section 15(1) The Commission may, on the application of the trustees of a waqf khairi and subject to such conditions as may be imposed by the waaqif , take over the administration of such waqf , and any property that is the object of the waqf shall vest in the Commission. Section 15(2) The Commission may, on the application by the trustees and with the consent of the majority of the beneficiaries of a waqf ahli or waqf mushtaraq and subject to such conditions as may be imposed by the waaqif , take over the administration of such waqf , and any property that is the object of the waqf shall vest in the Commission.

Section 15Verify source

§ 16MANAGEMENT OFAWQAF - 16. Inquiry by the CommissionCommencement

Trustees must give the Commission the beneficiaries' names and addresses within thirty days when an inquiry is started by a motion; the Commission must notify interested persons and may administer the waqf or appoint trustees; the Attorney-General may make regulations for inquiries.

Section 16. Inquiry by the Commission Section 16(1)(a) there is no properly constituted body of trustees; or Section 16(1)(b) in the case of a waqf khairi , on its own motion; or Section 16(1)(b)(i) in the case of a waqf khairi , on its own motion; or Section 16(1)(b)(ii) in the case of a waqf ahli , on the motion of the trustees or a beneficiary or any person who has an interest in the waqf , with the consent of the majority of the beneficiaries. Section 16(2) Where an inquiry is commenced by a motion filed by the trustees of a waqf a beneficiary or any person who has an interest in the waqf , the trustees shall furnish the Commission, within thirty days of the filing of the motion, with the names and addresses of the beneficiaries of the waqf and any other person who has an interest in the waqf . Section 16(3) The Commission shall issue a written notice of an inquiry to all persons having any interest in the waqf inviting them to appear and give representations before the Commission. Section 16(4)(a) declaring that the property that is the subject of the waqf shall be administered by the Commission; or Section 16(4)(b) appointing some other person to be a trustee of the waqf : Section 16(5) The Attorney-General may make regulations prescribing the procedure for the holding of inquiries under this section.

Section 16Verify source

§ 17MANAGEMENT OFAWQAF - 17. Production of documents by trusteesOffence

Section 17. Production of documents by trustees Section 17(1) The Commission may, at any time, call upon a trustee of a waqf to produce any books or documents in his or her possession or control, including books of accounts, relating to the waqf in order to satisfy itself regarding the management of the waqf . Section 17(2) A trustee who fails to comply when called upon to do so under subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding one year.

Section 17Verify source

§ 18MANAGEMENT OFAWQAF - 18. Agreements relating towaqfpropertyOffence

Leases or other alienations of waqf property for more than one year are valid only if authorised in writing by the Commission; a person wanting to sell immovable waqf property must apply to the Environment and Land Court, which may grant or make other orders; a trustee who contravenes this section commits an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to one year.

Section 18. Agreements relating towaqfproperty Section 18(1) An agreement purporting to lease or otherwise alienate waqf property for any period exceeding one year shall be valid only if it is authorised in writing by the Commission. Section 18(2) A person who intends to sell immovable waqf property shall make an application to the Environment and Land Court and the Environment and Land Court may allow the application or issue any other order it deems appropriate. Section 18(3) A trustee who enters into an agreement contrary to the provisions of this section commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.

Section 18Verify source

§ 19MANAGEMENT OFAWQAF - 19. Title towaqfpropertyProvision

No person may acquire title to any waqf property by adverse possession or by reason of the law of prescription.

Section 19. Title towaqfproperty Section Notwithstanding anything to the contrary in any written law for the time being in force, no title to any waqf property shall be acquired by any person by adverse possession or by reason of the law of prescription.

Section 19Verify source

§ 20MANAGEMENT OFAWQAF - 20. Administration of aWaqfProvision

The Commission must apply any surplus revenue remaining after fulfilling the waaqif's intentions as set out in paragraphs (2)(a) and (b).

Section 20. Administration of aWaqf Section 20(1)(a) are lawful; Section 20(1)(b) accord with Islamic law; Section 20(1)(c) are capable of being carried into effect, and Section 20(1)(d) are ascertainable by reference to tradition or by reference to any other evidence lawfully obtainable. Section 20(2)(a) in the case of a waqf khairi , for such benevolent or charitable purposes on behalf of Muslims as the Commission may deem proper; or Section 20(2)(b) in the case of a waqf ahli , in such manner as the Commission may deem fit for the benefit of the beneficiaries of the waqf . Section 20(3) The Commission shall apply any surplus revenue which remains after fulfilling the intentions of a waaqif in the manner set out in paragraphs (2)(a) and (b). Section 20(4)(a) if they so desire; and Section 20(4)(a)(i) if they so desire; and Section 20(4)(a)(ii) if they demonstrate a capacity to manage the waqf property themselves; or Section 20(4)(b) that the property be dealt with in accordance with section 16 (4).

Section 20Verify source

§ 21MANAGEMENT OFAWQAF - 21. Disposal ofwaqfpropertyProvision

The funds in the surplus account must be utilised by the Commission for benevolent or charitable purposes for the benefit of Muslims as the Commission considers appropriate.

Section 21. Disposal ofwaqfproperty Section 21(1)(a) the intentions of the waaqif cannot reasonably be carried into effect; and Section 21(1)(b) it is expedient that the waqf property should be sold, Section 21(2) The funds in the surplus account shall be utilised by the Commission for such benevolent or charitable purposes for the benefit of Muslims as the Commission may consider appropriate.

Section 21Verify source

§ 22MANAGEMENT OFAWQAF - 22. Limitation on the use ofwaqfproperty by the CommissionProvision

The Commission must not use waqf property or its revenue for another waqf if that other waqf still has property or revenue; however, the Commission may use revenue from other waqfs to assist a waqf khairi in urgent need, subject to conditions and repayment rules.

Section 22. Limitation on the use ofwaqfproperty by the Commission Section 22(1) The Commission shall not utilize waqf property or any revenue therefrom for any purpose connected with another waqf if there still exists waqf property or revenue from the latter waqf. Section 22(2) Notwithstanding subsection (1), if the Commission determines that a waqf khairi is urgently in need of any funds for repairs or for any other purpose, it may, notwithstanding that there exists waqf property in that waqf khairi , utilize the revenue arising from any other waqf property or another waqf khairi for that purpose. Section 22(3)(a) that revenue is not then required in relation to the latter waqf khairi; and Section 22(3)(b) the amount of the revenue so utilised shall, without prejudice to the purposes of the waqf relating to which it is used, be repaid out of the property of that waqf within one year from the date of being so utilised.

Section 22Verify source

§ 23MANAGEMENT OFAWQAF - 23. Maintenance and reserve accountProvision

The Commission must ensure that for each waqf a sum necessary to maintain and preserve the waqf property is paid into a maintenance and reserve account before any payment is made to carry out the waaqif's intentions.

Section 23. Maintenance and reserve account Section The Commission shall ensure that, in respect of each waqf a sum which in the opinion of the Commission is necessary to maintain and preserve the waqf property is paid into a maintenance and reserve account before any payment is made for the purpose of carrying out the intentions of the waaqif .

Section 23Verify source

§ 24MANAGEMENT OFAWQAF - 24. Surplus accountProvision

If beneficiaries are unascertainable or provisions are unlawful or cannot be carried into effect, the surplus may be deposited in a sharia compliant bank or invested in investments allowed by Islamic law, and the income shall be utilised in the general administration of the Commission.

Section 24. Surplus account Section 24(1)(a) are unlawful or unascertainable; or Section 24(1)(a)(i) are unlawful or unascertainable; or Section 24(1)(a)(ii) are incapable of being carried into effect; or Section 24(1)(a)(iii) cannot reasonably be carried into effect; or Section 24(1)(b) the beneficiaries are unascertainable, Section 24(2)(a) depositing them in a sharia compliant bank; or Section 24(2)(b) investing them in such investments and securities as are allowed by Islamic law for the investment of trust funds, and the income derived therefrom shall be utilised in the general administration of the Commission.

Section 24Verify source

Part IV

FINANCIAL PROVISIONS

§ 25FINANCIAL PROVISIONS - 25. Accounts and auditProvision

The Commission must keep proper books of accounts recording its income, expenditure, assets and liabilities.

Section 25. Accounts and audit Section The Commission shall keep proper books of accounts of the income, expenditure, assets and liabilities of the Commission, and such accouns shall be audited in accordance with the Public Audit Act (Cap. 412B).

Section 25Verify source

§ 26FINANCIAL PROVISIONS - 26. Bank accountsProvision

The Commission may open and maintain sharia-compliant bank accounts; those accounts shall be operated by the Director-General or any other officer of the Commission authorized in that behalf by the Commission.

Section 26. Bank accounts Section 26(1) The Commission may open and maintain such sharia -compliant bank accounts as may be required for the performance of the functions of the Commission. Section 26(2) The bank accounts referred to in subsection (1) shall be operated by the Director-General and any other officer of the Commission authorized in that behalf by the Commission.

Section 26Verify source

§ 27FINANCIAL PROVISIONS - 27. Annual ReportProvision

The Commission must prepare an annual report for the preceding financial year by 30 September each year and submit it to the Attorney-General by 30 November of that year.

Section 27. Annual Report Section 27(1) The Commission shall, before the thirtieth of September in each year, prepare an annual report for the immediately preceding financial year and submit it to the Attorney-General before the thirtieth November in that year. Section 27(2)(a) the activities of the Commission in the previous financial year; Section 27(2)(b) the status of the awqaf under the management of the respective waqf trustees; Section 27(2)(c) the status of awqaf vested in the Commission; and Section 27(2)(d) the income, expenditure, assets and liabilities of the awqaf .

Section 27Verify source

§ 28FINANCIAL PROVISIONS - 28. Right to access informationProvision

A beneficiary of a waqf is entitled to information about the waqf, including inspecting accounts and receiving copies of deeds or documents on payment of the prescribed fees; confidential correspondence is excluded.

Section 28. Right to access information Section 28(1) A beneficiary of a waqf shall, at all reasonable times, be entitled to information about the waqf including the inspection of accounts and shall upon payment of the prescribed fees be supplied with copies of any deeds or documents thereof. Section 28(2) The information under subsection (1) does not include correspondence and any other confidential information.

Section 28Verify source

§ 29FINANCIAL PROVISIONS - 29. Disputes resolutionProvision

Any matter or dispute relating to a waqf must in the first instance be referred to a Kadhis' court.

Section 29. Disputes resolution Section Any matter or dispute relating to a waqf shall in the first instance be referred to a Kadhis' court.

Section 29Verify source

§ 30FINANCIAL PROVISIONS - 30. Exemption from taxation or penaltiesOffence

The income of the Commission is exempt from income tax and any other tax or penalty.

Section 30. Exemption from taxation or penalties Section Despite the provisions of any other written law, the income of the Commission shall not be subjected to income tax or any other tax or penalty.

Section 30Verify source

Part V

MISCELLANEOUS

§ 31MISCELLANEOUS - 31. FeesProvision

The Commission may determine charitable uses of surplus awqaf revenue; a majority of Commission members at a convened meeting may vary the fees in subsection (1) by resolution which must be published in the Gazette.

Section 31. Fees Section 31(1)(a) at the rate of five per centum per annum of the revenue of the waqf property of a waqf khairi ; or Section 31(1)(b) ten per centum per annum of the revenue of the waqf property of a waqf ahli , Section 31(2)(a) first in defraying the expenses of the management of the awqaf , and Section 31(2)(b) the surplus shall be used for such charitable purposes as the Commission may determine. Section 31(3) The fees prescribed under subsection (1) may be varied by a resolution for that purpose made by a majority of the members of the Commission present at a meeting of the Commission convened for that purpose and published in the Gazette .

Section 31Verify source

§ 32MISCELLANEOUS - 32. RulesProvision

The Attorney-General may make rules to carry out the provisions of this Act.

Section 32. Rules Section The Attorney-General may make rules for the better carrying out of the provisions of this Act.

Section 32Verify source

§ 34MISCELLANEOUS - 34. Transitional provisionsCommencement

Section 34. Transitional provisions Section 34(1) A person who, immediately before the commencement of this Act, was appointed the Secretary or a Commissioner of the Wakf Commissioners under the Wakf Commissioners Act (repealed), shall remain in office so as to serve the remaining period of such Commissioner's term of office, after which a new Commissioner shall be appointed in accordance with the provisions of this Act. Section 34(2) Any proceedings, instruments or rights of appeal subsisting immediately before the commencement of this Act shall be deemed to be proceedings, instruments or rights under this Act. Section 34(3) All immovable and movable property and assets which immediately before the commencement of this Act were vested in, or in the possession of the Wakf Commissioners under the Wakf Commissioners Act (repealed) shall, by virtue of this section, vest in the Commission without further conveyance, transfer or assignment: Provided that the Commission shall, within one year after the commencement of this Act, review the terms and conditions of all leases to property entered into by the Wakf Commissioners under the Wakf Commissioners Act (repealed) and subsisting before such commencement. Section 34(4) All rights, obligations and liabilities which immediately before the commencement of this Act were vested in or imposed on the Wakf Commissioners under the Wakf Commissioners Act (repealed) shall be deemed to be the rights, obligations and liabilities of the Commission under this Act. Section 34(5) All references to the Wakf Commissioners appointed under the Wakf Commissioners Act (repealed) in any agreement or instrument relating to any property, assets, rights, obligations or liabilities transferred under subsections (3) or (4) and subsisting immediately before the commencement of this Act, shall, unless the context otherwise requires, be read as references to Commission established under this Act. Section 34(6) Any person who was a member of the staff of the Wakf Commissioners appointed under the Wakf Commissioners Act (repealed), shall be deemed to have been appointed under this Act on the terms and conditions of service applicable to them immediately before the commencement of this Act.

Section 34Verify source

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Wakf Commissioners under the Wakf Commissioners Act
Section 34

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31 Dec 2022 · currentEnglish

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