Section 3
of Wakaf State Sabah Enactment 2018
Section 3
(1)
Notwithstanding any inconsistent provisions provided in any instrument or declaration which creates, governs or affects any wakaf –
(a)
Majlis shall be the sole trustee of all mawquf situated in the State of Sabah;
(b)
Majlis, as the sole trustee of any mawquf situated in the State of Sabah, may be made a mawquf ‘alaih for any such mawquf;
(c)
the Majlis may be made a mawquf ‘alaih for any mawquf situated elsewhere than in the State of Sabah, and for this purpose, the Majlis may make any arrangement with the trustee of such mawquf;
(d)
Majlis may establish a corporation or a company under the Companies Act 2016
[Act 777] to carry out any activity by the Majlis in the execution of its duties and powers under this Enactment;
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(e)
Majlis may appoint or give written permission to any party to manage, administer and hold any mawquf on its behalf;
(f)
Majlis may declare the appointment of any administrator or manager in situation where waqif has appointed his own administrator or manager subject to the terms and conditions prescribed by the Majlis;
(g)
Majlis may establish any wakaf scheme or approve any institution to establish any scheme related to wakaf; and
(h)
Majlis shall be responsible to take any necessary action against any act of trespass of any mawquf.
(2)
It shall be the duties and responsibilities of the Majlis to ensure that all wakaf vested in it under this
Enactment be registered, administered, managed, supervised and developed accordingly.
(3)
The Majlis shall have all the powers to do all matters expedient or reasonably necessary for or incidental to the performance of its duties and responsibilities under this Enactment.