Malaysia legislation
Section 40
Section 40
(a)
cause to be kept a proper account and other records in respect of the administration of Wakaf Fund;
(b)
cause to be prepared a statement of accounts of Wakaf Fund for each financial year;
(c)
cause the statement of accounts of Wakaf Fund to be audited at the end of each financial year by an auditor; and
(d)
immediately upon receipt of the statement of accounts of Wakaf Fund which have been audited under paragraph (c), submit the statement of accounts to the
Majlis for approval.
(2)
Notwithstanding paragraph (1)(d), the Majlis may direct the Board to submit the financial
(a)
occupies any wakaf land or wakaf building;
(b)
constructs any building or structures on any wakaf land or wakaf building;
(c)
clears, ploughs, digs, close off or plant on any wakaf land or cultivates on any wakaf land; or
24
(d)
cuts, takes, removes or extracts any proceed from any wakaf land, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, to a further fine not exceeding five hundred ringgit for everyday during which the offence continues after the conviction.
(2)
The Court may, on the application of the prosecuting officer, order the person convicted of an offence under subsection (1) to demolish, destroy and clear all constructions, structures, obstructions or crops on the wakaf land or wakaf building, as the case may be, at the cost of such person convicted.
(3)
If the person referred to in subsection (2) fails to obey the order of the Court, the Majlis or Board may cause to execute the order by expending monies from the Wakaf Fund or other financial resources, and the Majlis or Board may claim any expenses incurred from such person.
(4)
If the claim referred to in subsection (3) is not paid, it may be recovered by civil action as a debt due to the Majlis or Board.
(5)
Where no order of the Court is made under subsection (2), any construction, structure, obstruction or crop on the wakaf land or wakaf building, as the case may be, shall vest in the Majlis and no person shall make any claim against the Majlis or Board relating to such construction, structure, obstruction or crop.
Administering or managing of wakaf am or wakaf khas without permission of the Majlis or the Board