Section 54
Declaration
of Wakaf State Sabah Enactment 2018
(1)
Prior to the making of an application to the Court for an order to register mawquf, the
Majlis shall make a declaration with respect to it by –
a.
a notification published in a Gazette and a local newspaper;
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b.
in the case of an immovable property, a notification posted at a conspicuous place at the mawquf and at the mukim masjid in which the mawquf is situated; and c.
a notification sent to the waqif or any person who has the interest in the mawquf, or to both.
(2)
The notification under paragraph 1(c) shall –
(a)
be served personally on the waqif or any person who has an interest in the mawquf; or
(b)
be sent through A.R. registered post to the waqif or any person who has interest in the mawquf.
(3)
If the notification in paragraph (1)(c) is served by A.R. registered post, the notification shall be deemed to have been served on the day succeeding the day on which the notification would have been received in the ordinary course of post if the notification is addressed –
(a)
in the case of an individual, to the usual or last known address of the waqif or any person who has an interest in the mawquf; and
(b)
in the case of body corporate, partnership or society, to its registered address.
(4)
If any person or body corporate, partnership or society to whom there has been addressed an A.R.
registered post containing notification under paragraph (1)(c) is informed of the fact that there is a registered letter awaiting him at the post office, and any person or body corporate, partnership or society who refuses or neglects to take delivery of such notification, such notification shall be deemed to have been served upon that person or body corporate, partnership or society on the date on which he or it was informed.
(5)
Any person having any objections against the application referred to in the declaration made under subsection (1) may submit their objections to the Majlis within the time specified in the declaration.
(6)
The Majlis shall take into consideration any objection submitted under subsection (5) before the
Majlis makes any application to the Court.
(7)
The Syariah Court Civil Procedure Enactment 2004 [No. 10 of 2004] shall apply to any application made to the Court for the purpose of this section.
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(2)
All declarations, orders, notifications, notices, forms, approval letters and appointments issued or made under the Majlis Ugama Islam Negeri Sabah Enactment 2004 [No. 5 of 2004] in relation to matters provided for in this Enactment shall remain in force, in so far as they are not inconsistent with this
Enactment, until revoked or replaced by declarations, orders, notifications, notices, forms, approval letters or appointments issued or made under this Enactment.