Establishment Wakaf Management Board State Sabah Order 2018

This Order may be cited as the Establishment of Wakaf Board (State of Sabah)

Order 2018.

This Order comes into operation on 1 January 2019.

Interpretation

moveable property, immoveable property or intellectual property;

any benefit, profit or interest in any moveable property, immoveable property or intellectual property;

any right, interest, title or otherwise in connection with moveable property, immovable property or intellectual property; and

expertise and services having value in accordance with Hukum Syarak;

“Wakaf Enactment” means Wakaf (State of Sabah) Enactment 2018.

Establishment of the Board

For the purpose of carrying out the duties of the Majlis under subsection 7(1) of the

Enactment, a Board by the name of “Wakaf Management Board (State of Sabah)” is established with perpetual succession and a common seal.

The Board may sue or be sued in its Board name.

Subject to and for the purposes of this Order, the Board may, upon such terms as it deems fit –

The Board shall consist of the following members –

The members under subparagraphs 5(1)(a), (g) and (h) shall be appointed after obtaining consent of the Minister.

In the event that the members under subparagraph 5(1)(c), (d) or (e) are non-Muslim, that members shall appoint Muslim representatives to be members of the Board.

The board shall pay to the members or any persons determined by Majlis, any salary, fee or allowance from any fund which have been or will be created by the Majlis for the said purpose that may be permitted from time to time.

The provisions of the Schedule shall apply to the Board and its members.

Duty of the Board

to provide advice to the Majlis as to the policies, methods and measures to be taken to promote and facilitate the development of wakaf property and product;

to implement and give effect to any policies, directives or order of Majlis regarding wakaf property development and product;

to develop, use and implement policies, methods and measures on the property development and product of wakaf;

to act as coordinating agency to accelerate implementation on property development and product of wakaf;

to plan, develop, implement and promote the development and implementation of wakaf property and product;

to manage and undertake the operation maintenance of wakaf property including the facilities, infrastructure, places and equipment in wakaf property areas;

to promote, co-ordinate and implement research and development in all aspect of wakaf property and product; and

to Istibdal any wakaf property with the consent of the Majlis and subject to the terms of such consent.

Power of the Board

to determine, adopt and implement guidelines and other measures to ensure the quality of development of wakaf property and product;

to collect all proceeds resulting from wakaf property development and product on behalf of Majlis and to deposit it into any fund which have been or will be created by the Majlis for the said purpose;

subject to any written law, to formulate and implement maintenance charges and fees and other payments which relate to the development of wakaf property and product and the usage of facilities in any wakaf property;

to formulate and implement measures to ensure that management and maintenance of any wakaf property development is being carried out in accordance with the order of Majlis or any law for the time being in force;

to construct, maintain, repair, restore, rehabilitate and use any structure, building or works within any property development plan;

to appoint or employ agents, technical advisers, consultants, contractors, other persons or body to manage any business or enter into contracts for the carrying out of any of its functions or duties or for sharing of profits or joint venture with any persons or group of persons;

to adopt and implement policies and guidelines for premises in any wakaf property;

and

to exercise all functions and powers and perform all duties which under or by virtue of any other written law as may be vested or delegated to it.

Power to borrow

The Board with the consent of Majlis may appoint committees for any purpose arising out of or connected with any of its functions and powers; any committee so appointed shall include at least one member of the Board and there may be appointed to such committee such other persons as the Board thinks fit.

The committee so appointed shall regulate its own procedure.

Any committee so appointed shall conform to any instructions from time to time given to it by the Board and the Board may at any time discontinue or alter the constitution of any committee so appointed.

The committee may invite any person who, in its opinion, who possesses special knowledge of advantage to it, to attend any meeting of the committee and the person so invited shall not be entitled to vote at any such meeting.

The committee shall report its recommendations to the Board.

Power of the Board to delegate

The Board may, subject to such terms and conditions, limitations or restrictions, as it thinks fit to impose, delegate to any committee, or to the Chairman, or to the Chief Executive

Officer, or to any other person, the power and authority to exercise or perform on its behalf such powers or functions vested in or imposed on the Board under this Order as the Board may determine, except the power to borrow money or make regulations; and any power or function so delegated may be exercised or performed by such committee, or the Chairman, or the Chief

Executive Officer or any other person, as the case may be, in the name and on behalf of the

Board.

Without prejudice to the generality of subparagraph (1) and to the other provisions of this

Order, the Board may delegate to either the Chairman or to the Chief Executive Officer authority to sanction expenditure from any fund which have been or will be created by Majlis for the said purpose or any other monies vested in or under the control of the Board up to such limit as the

Board shall specify.

Power of Chairman to delegate

Subject to the provisions of this Order, the Chairman may in writing delegate to any member of the Board or to the Chief Executive Officer the power and authority to carry out on his behalf his duties, powers or functions as he may determine.

The Chairman may at the time of delegating any power or authority under subparagraph (1)

or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke or modify such delegation.

Appointment of the Chief Executive Officer

The Board may, with the approval of Majlis after obtaining consent of the Minister, appoint a Chief Executive Officer of the Board and vest him with such powers and impose upon him such duties as may be determined or delegated to him by the Board.

The appointment of the Chief Executive Officer shall be on such terms and conditions as the

Board may with the approval of Majlis, determine.

Duties of the Chief Executive Officer

The Chief Executive Officer shall be responsible for –

The Chief Executive Officer shall have general control of the other officers and servants of the Board.

The Chief Executive Officer shall perform such further duties as the Board may from time to time direct.

If the Chief Executive Officer is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason, from the performance of his duties, the Board, with the approval of Majlis, may direct any other officer to perform his duties during such temporary absence or in capacity.

Appointment of Secretary and Deputy Secretary

The Chief Executive Officer of the Board shall be the Secretary.

The Board may appoint a Deputy Secretary who shall be responsible to the Secretary to implement particular duties and responsibilities of the Board as the Board may deem necessary.

The Secretary is entitled to attend all meetings of the Board and take part in the discussion, but may not vote.

Appoinment of officers and servants of the Board

Subject to subparagraph (2), paragraph 15 and 16, the Board may appoint from time to time on such terms and conditions, such number of officers and servants as it may think desirable and necessary for carrying out the purposes of this Order.

Notwithstanding subparagraph (1), the Board shall not establish or modify any post or scheme of service for officers and servants of the Board, including the terms and conditions of service and the salaries, without the approval of Majlis.

Discipline of officers and servants of the Board

There shall be a Disciplinary Board which shall consist of –

The Disciplinary Authority in respect of every officer and servant of the Board, other than the

Chief Executive Officer, shall be the Disciplinary Board established under subparagraph (1).

The Disciplinary Board in respect of the Chief Executive Officer shall consist of three (3)

members to be elected by and from members of the Board one of whom shall be appointed as

Chairman.

The Chief Executive Officer shall not be a member of the Disciplinary Board or Disciplinary

Committee established under subparagraph (6) in any proceedings before them in which he is the complainant; his place shall be taken by a member to be elected by and from members of the

Board.

In the exercise of its disciplinary functions and powers, the Disciplinary Board shall have the power to impose such disciplinary punishment.

The Disciplinary Board may, subject to subparagraph (7), delegate any of its disciplinary functions and powers to any committee of officers or servants of the Board to be known as the

Disciplinary Committee, in respect of any particular officer or servant of the Board, or in respect of any class or category of officers or servants of the Board, and the Disciplinary Committee delegated with such functions, and powers shall carry out, exercise or discharge them under the direction and control of the Disciplinary Board which shall have the power to review, rescind or vary any decision or finding of such Committee.

No delegation shall be made under subparagraph (6) so as to enable an officer or servant of the Board to be a member of any Disciplinary Committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

Disciplinary Appeal Board

There shall be a disciplinary Board which shall consist of –

Any officer or servant of the Board who is dissatisfied with the decision of the Disciplinary

Board or of any Disciplinary Committee delegated with functions and powers under paragraph 18

may, within fourteen (14) days, appeal in writing against such decision to the Disciplinary Appeal

Board which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper.

When the Disciplinary Appeal Board considers any appeal under subparagraph (2), no member of the Disciplinary Board or of the Disciplinary Committee, as the case may be, against whose decision the appeal is made, shall be present in any proceedings relating to that appeal.

The decision of the Disciplinary Appeal Board upon such appeal shall be final and conclusive.

Public Authorities Protection Act 1948

The Board shall keep or caused to be kept proper accounts and other records of its activities in accordance with accepted accounting principles and shall cause to be prepared a statement of its account for every financial year.

The account of the Board shall be audited annually by the auditors appointed by the Board with the approval of Majlis.

The Board shall within three (3) months after the end of each financial year have its account audited and transmitted to the Chairman of Majlis together with a copy of any observation made by the auditor appointed under subparagraph (2), as the case may be, on any account of the

Board.

The Chairman of Majlis shall cause a copy of every such account together with any observation made by the auditor appointed under subparagraph (2) on any statement or accounts of the Board to be laid on the meeting of the Majlis.

Returns, reports, accounts and information

The Board shall furnish to Majlis such returns, reports, accounts and information with respect to its property and activities of the Board as the Majlis may from time to time require or direct.

Without prejudice to the generality of subparagraph (1), the Board shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to Majlis a report dealing with the activities of the Board during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and the policies of the Board as the Majlis may from time to time specify.

Improper use of information

in good faith;

in the reasonable belief that it was necessary for the purpose intended to be served thereby; or

for carrying into effect the provisions of this Order.

Right of access

The Chief Executive Officer and all officers and servants of the Board shall, at any reasonable time, have free access to all lands for the purpose of implementing the provisions of this Order.

Any person who in any way obstructs, hinders, prevents, delays or interferes with the Chief

Executive Officer or any officer or servant of the Board in the lawful exercise of any of his powers or the performance of his functions or duties under this Order or who fails to afford such assistance as is reasonably required by the Chief Executive Officer or any officer or servant of the

Board commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Relationship between Board and Majlis

Majlis may give to the Board such directions of a general nature, not inconsistent with the provisions of this Order, as to the discharge of the functions and exercise of the powers of the Board and the Board shall give effect to such directions.

Notwithstanding any subparagraph (1), Majlis shall have power to inspect or direct an inspection to be made on the Board at anytime considered reasonable by the Majlis.