CHAPTER 41
MAJLIS ISLAM SARAWAK ORDINANCE 2001

PART VI - ESTABLISHMENT OF LEMBAGA HAL-EHWAL ISLAM DAN ADAT MELAYU, LEMBAGA MASJID-MASJID, ETC.
General



Section 58. Trusteeship of mosques, land, etc.

(1) Without prejudice to any written law for the time being in force in the State relating to companies, co-operative societies or societies-

(2) Where the Majlis is satisfied, after such enquiry as it may deem necessary, that any such Islamic religious society, body, chantable organization, institution or school or any person has failed to comply with any direction issued under subsection (1), the Majlis may, by Order published in the Gazette, declare that the activities of such Islamic religious society, body, charitable organization, institution or school or person are prejudicial and opposed to the interest of the Muslim community.

(3) Upon such declaration-

(4) Any Islamic religious society, body, charitable organization, institution or school or person aggrieved with the Order made by the Majlis may, within fourteen days of the receipt or he Order, appeal to the Yang di-Pertua Negeri. Upon considering such appeal, the Yang di-Pertua Negeri may either affirm, annul, vary or amend the Order.

(5) Until and unless annulled, varied or amended by the Yang di-Pertua Negeri, the Order shall remain in full force and effect and shall be obeyed failing which such Islamic religious society, body, charitable organization, institution or school or person affected thereby shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit and imprisonment not exceeding two years.

(6) (a) Notwithstanding any written law or the terms of any lease, in any case where any alienated land has been vested in the Majlis for the purpose of this Ordinance pursuant to subsection (1) (a) (i), the Majlis shall, with the approval of the Yang di-Pertua Negeri, acquire such land by compulsory acquisition in accordance with Part IV of the Land Code.
(7) The Majlis may exempt any Islamic religious institution or school from the provisions of this section.

(8) For the purpose of this section, subject to any exemption granted under subsection (7), "Islamic religious institution or school" means any educational institution or school or establishment or place in the State where persons are enlisted to learn or to be taught any subject relating to the religion of Islam.




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