ENACTMENT NO. 3 OF 1964 ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963
FIRST SCHEDULE
(Section 4)
1. (1) The following persons shall be disqualified from being appointed or being members of the Majlis-
(a) a person who is of unsound mind or is otherwise incapable of performing his duties;
(b) a person under twenty-one years of age;
(c) a person not professing the Muslim Religion Ahli Sunnah Wal-jama'ah;
(d) a person who by his conduct is in the opinion of the Ruler likely to bring discredit upon the Majlis;
(e) a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year.
(2) A member of the Majlis shall vacate his office if he fails to attend three consecutive meetings of the Majlis without the permission in writing of the President or if he becomes disqualified under sub-section (1).
2. (1) The President or, in his absence, any member elected by the members present, shall preside at a meeting of the Majlis.
(2) The President may invite to any meeting any person who is not a member of the Majlis, if the business before the meeting renders the presence of such person desirable, and any person so invited shall be entitled to take part in the discussion but not to vote.
(3) Subject to the provisions of this Enactment, the Majlis may determine its own procedure.
3. The quorum of the Majlis shalI be five.
4. (1) The seal of the Majlis shall be authenticated by the President and two other members of the Majlis and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall, until the contrary is shown, be deemed to have been validly executed.
(2) The following documents shall be sealed under the seal of the Majlis-
(a) documents requiring registration in any Land Office;
(b) Ietters of authority to a pegawai masjid of any mosque (other than an Imam) and to religious teachers, other than teachers of Government schools;
(c) documents authorising any person to act for any particular purpose on behalf of the Majlis.
5. (1) All meetings of the Majlis shall be summoned by the Secretary and such meetings shall be held at such regular intervals as may be decided by the Majlis.
(2) The Secretary may in addition to the meeting specified in paragraph (1) summon the Majlis to meet-
(a) if directed by the President so to do; or
(b) on a requisition in writing by one third of the members of the Majlis.
(3) In the case of a meeting convened pursuant to sub-paragraph (2) the Secretary shall, within fourteen days of receiving the direction or requisition aforesaid send a notice of the meeting to all members of the Majlis and shall in such notice specify a date (not less than seven days from the date of the notice) on which the meeting will be held:
Provided that in the case of any emergency, the sending of notices under this sub-paragraph may be dispensed with.
(4) No notice under sub-paragraph (3) shall be required to be sent to a member of the Majlis who is for the time being out of the State.
6. (1) The President or the person presiding shall determine the order of business at any meeting and the order in which members may address the meeting.
(2) The President or the person presiding may require a member addressing a meeting to cease so addressing, if for any reason the President deems it desirable so to do.
(3) The President or person presiding shall not be entitled to vote except where there is an equality of votes in which case the President or the said person presiding shall have a casting vote.
7. (1) The Majlis shall determine any question discussed before it at its meetings by a resolution of the majority of the members present and entitled to vote.
(2) A resolution in writing shall, unless in a special case or class of cases the Ruler otherwise directs, have the same effect as a resolution passed under sub-paragraph (1).
8. (1) Subject to any directions of the President and to this Enactment, the Secretary shall have charge of all documents of the Majlis (including title deeds and securities) and shall be responsible for collecting, accounting and disposing of the funds of the Majlis.
(2) The Secretary shall keep minutes (including full verbatim records of every resolution) of all meetings of the Majlis.
(3) The minutes of a meeting shall, subject to any amendments required, be read and confirmed at the meeting next held after the first-mentioned meeting.
(4) As soon as may be after a meeting, the draft minutes thereof shall be submitted to the Ruler. If subsequent thereto any amendment is made to the said minutes, such amendment shall also be submitted to the Ruler.
9. (1) In any case of emergency, the President may with the approval of the Ruler do or cause to be done on behalf of the Majlis any act which may lawfully be done by a resolution of the Majlis.
(2) Within one week of the doing of the act aforesaid, there shall be convened a meeting of the Majlis for the purpose of ratifying and confirming by resolution the act so done.
(3) If at the meeting convened under sub-paragraph (2) the Majlis declined to ratify and confirm the act so done the President of the Majlis shall refer the matter to the Ruler who may give such directions thereon as he deems fit.
10. (1) The proceedings of the Majlis shall be secret, and no member or servant of the Majlis shall, unless authorised by the Majlis so to do, disclose to any person, other than the Ruler or any other member of the Majlis, any matter discussed before the Majlis.
(2) The provisions of sub-paragraph (1) shall not apply to any matter which has received the approval of the Ruler.
(3) Any person contravening the provisions of sub-paragraph (1) shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred and fifty dollars.