On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 02/01/2011.
PART V
MOSQUES AND RELIGIOUS SCHOOLS
74.
—(1) Notwithstanding any provision to the contrary in any written instrument, the Majlis shall administer all mosques in Singapore.
(2) Every mosque, together with any immovable property on which it stands or which is appurtenant thereto and used for the purposes thereof, other than State land, shall without any conveyance, assignment or transfer whatever vest in the Majlis for the purposes of this Act.
(3) The trustees of any mosque under any written instrument shall, subject to the provisions of this Act, manage the mosque, but the Majlis shall have power to appoint a mutawalli and for such purpose to remove any existing trustee where it appears to the Majlis that —
(a)
the mosque has been mismanaged;
(b)
there is no trustee appointed for the management of the mosque; or
(c)
it would be otherwise to the advantage of the mosque to appoint a mutawalli.
(4) The Majlis may at any time remove any mutawalli appointed by it and appoint another in his place.
75.
—(1) No person shall erect any mosque, or dedicate or otherwise apply any existing building as or for the purposes of a mosque, without the permission in writing of the Majlis.
(2) Such permission shall in no case be given unless the site of the proposed new mosque has been or will, prior to the erection or dedication thereof, be made a wakaf.
76.
—(1) There shall be established a fund to be called the Mosque Building and Mendaki Fund into which shall be paid all contributions authorised under this Act.
[31/75; 31/84]
(2) All moneys in the Mosque Building and Mendaki Fund shall be vested in the Majlis which shall administer such moneys in accordance with the provisions of this Act and any rules made under section 81.
[31/75; 31/84; 29/2008]
(3) The Majlis may appoint such agents and officers as may be necessary for the collection of contributions to the Mosque Building and Mendaki Fund.
[31/75; 31/84]
77.
—(1) The moneys in the Mosque Building and Mendaki Fund shall be used —
(a)
for the purpose of building mosques in Singapore and for purposes connected therewith, including such extension, alteration, reconstruction or restoration of any existing mosque or any part thereof and such other building works as the Majlis may approve;
(b)
for the payment of contributions to Yayasan Mendaki;
(c)
for the funding of religious education in Singapore, subject to such directions as the Minister may specify from time to time; and
(d)
for the payment of expenses incurred in maintaining and administering that Fund.
[31/75; 31/84; 29/2008]
(2) The Majlis shall as soon as practicable pay to Yayasan Mendaki the net amount of the contributions received for the purpose of Yayasan Mendaki, after taking into account the appropriate expenses referred to in subsection (1)(d).
[31/84; 29/2008]
78.
—(1) Subject to the provisions of this Act and any rules made under section 81, every employer of a Muslim employee shall pay to the Mosque Building and Mendaki Fund monthly in respect of each Muslim employee contributions as set out in the Third Schedule.
[31/75; 31/84; 14/90]
(2) Notwithstanding the provisions of any written law or any contract to the contrary, an employer shall be entitled to recover from the monthly wages of a Muslim employee any contributions paid to the Mosque Building and Mendaki Fund on behalf of the employee.
[31/75; 31/84]
(3) Any employer who fails to pay the contributions referred to in subsection (1) within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
[31/75; 31/84]
(4) An employer who has recovered any amount from the monthly wages of an employee in accordance with subsection (2) and fails to pay such contributions to the Mosque Building and Mendaki Fund within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
[31/75; 31/84]
(5) The Minister may, from time to time, by notification in the Gazette, vary the amount of contributions payable by an employer in respect of each Muslim employee and may prescribe different amounts of contributions payable by the employer in respect of different classes of Muslim employees.
[31/75]
(6) Without prejudice to subsections (1) and (2) —
(a)
an employee may at any time contribute voluntarily to the Mosque Building and Mendaki Fund a sum in addition to that referred to in subsection (1) as payable by his employer; or
(b)
an employee who desires to have contributions in excess of the amount deducted from his monthly wages by his employer may give to his employer written notice to that effect and thereafter, so long as he is employed by the employer, the employer shall make such deduction from his wages for each month until such time, not being less than 6 months from the date of giving such notice, as he gives further written notice to his employer of his desire to cease to have such excess monthly contributions deducted from his wages.
[31/75; 31/84]
(7) The employer shall pay the amount of excess deductions under subsection (6) to the Mosque Building and Mendaki Fund in addition to the appropriate monthly contributions.
[31/75; 31/84]
(8) Any contribution recoverable from the wages of an employee in accordance with subsection (1) shall be recovered by the employer from the wages in respect of which such contribution is payable at the time of payment of those wages or within such time as may be prescribed and not otherwise.
[31/75; 31/84]
(9) Any excess contributions paid into the Mosque Building and Mendaki Fund under subsection (7) shall, unless the employee making the contribution otherwise indicates, be deemed to be for the purpose of building mosques.
[31/84]
79.
—(1) A Muslim employee who does not wish his employer to pay contributions to the Mosque Building and Mendaki Fund on his behalf may exercise an option in such form as the Majlis may require for his employer not to pay contributions to the Mosque Building and Mendaki Fund on his behalf during any period not exceeding 12 months.
[31/75; 31/84]
(2) Where a Muslim employee has made an option under subsection (1), the Majlis shall issue him with a certificate to that effect.
[31/75]
(3) The employee shall forthwith notify his employer to that effect and thereupon the employer shall cease to be liable to contribute to the Mosque Building and Mendaki Fund under section 78 in respect of that employee for such period the certificate is in force.
[31/75; 31/84]
(4) Where an employee has exercised an option under subsection (1), his employer shall, on the expiry of the period for which the option is in force, be liable to pay contributions to the Mosque Building and Mendaki Fund in respect of that employee unless that employee again exercises an option for his employer not to pay contributions to the Mosque Building and Mendaki Fund on his behalf for a further period of time not exceeding 12 months.
[31/75; 31/84]
80.
—(1) Notwithstanding section 78, the Majlis may receive contributions to the Mosque Building and Mendaki Fund from any Muslim person.
[31/75; 31/84]
(2) Nothing in this Act shall be construed as precluding the Majlis from receiving contributions to the Mosque Building and Mendaki Fund from any person who is not of the Muslim faith.
[31/75; 31/84]
81.
—(1) The Majlis may, with the approval of the Minister, make such rules as are necessary or expedient for the purpose of carrying out the provisions of this Act relating to the Mosque Building and Mendaki Fund.
[31/75; 31/84]
(2) Without prejudice to the generality of subsection (1), such rules may —
(a)
provide for the manner of payment and collection of contributions to the Mosque Building and Mendaki Fund and any matters incidental thereto;
(b)
exempt employers from paying contributions to the Mosque Building and Mendaki Fund in respect of such categories of Muslim employees as the Majlis may determine;
(c)
provide for the return of contributions or any part of such contributions paid in error;
(d)
provide for the payment of contributions or any part of such contributions omitted to be paid in error;
(e)
provide for the keeping of books, accounts or records by employers;
(f)
prescribe the evidence to be produced and the person, officer or authority to whom such evidence is to be produced for the purposes of this Part;
(g)
prescribe the procedure to be followed when contributions are paid into the Mosque Building and Mendaki Fund;
(h)
provide, in cases where an employee is employed concurrently by 2 or more employers, the extent of the obligation of such employers as to payment of contributions to the Mosque Building and Mendaki Fund;
(i)
prescribe the procedure to be followed when voluntary contributions are paid to the Mosque Building and Mendaki Fund;
(ia)
prescribe the manner in which the moneys in the Mosque Building and Mendaki Fund may be applied for or in respect of the purposes specified in section 77(1), and generally for the administration of such moneys;
(j)
prescribe the returns to be made and the forms and registers to be used in the carrying out of the provisions of this Part; and
(k)
prescribe anything which under this Part may be prescribed by the Majlis.
[31/75; 31/84; 29/2008]
82.
—(1) It shall be the duty of the trustees of a mosque to ensure that the mosque is kept in a proper state of repair and that the mosque and the compounds thereof are maintained in a proper state of cleanliness.
(2) The Majlis may raise and apply, or authorise the raising and application by the trustees of, special funds for the purpose of such repairs and maintenance, or may authorise the payment of the cost of such repairs and maintenance from the Fund.
(3) It shall be the duty of the trustees promptly to inform the Majlis of any want of repair of the mosque, and to effect or supervise any repairs as agent for and on behalf of the Majlis.
(4) No material alteration to the structure of any mosque shall be made without the permission in writing of the Majlis.
(5) The Majlis may direct the trustees to keep any mosque for which they are responsible in a proper state of repair.
85.
—(1) It shall be the duty of the Legal Committee, upon learning of any vacancy or impending vacancy in the office of Imam in any mosque in Singapore, to make enquiry for possible candidates for such appointment, and, after due examination of the qualifications of such possible candidates, to submit a list of suitable candidates to the Majlis.
(2) The Majlis shall, after considering the list submitted by the Legal Committee and after such enquiries as it thinks fit, appoint an Imam to fill the vacancy.
(3) The mutawalli of a mosque may appoint the Khatib, Bilal or Noja of the mosque.
(4) The pegawai masjid of a mosque shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
86.
—(1) The Majlis may make rules for —
(a)
the appointment of a jawatankuasa daerah;
(b)
prescribing the manner in which the members of a jawatankuasa daerah shall be appointed; and
(c)
prescribing the duties and functions of a jawatankuasa daerah.
(2) The jawatankuasa daerah in conjunction with the local pegawai masjid shall —
(a)
be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within their daerah masjid; and
(b)
give due and prompt information to the Majlis of all matters arising in the daerah masjid and requiring the attention of the Majlis.
87.
—(1) The control of Muslim religious schools shall be vested in the Majlis.
(2) The Majlis shall have power to register and to control the conduct of Muslim religious schools and to approve the curricula of instruction in such schools.
(3) The Majlis shall have power to control the establishment of any private Muslim religious school and to refuse permission for any such school to be established and to approve any regulations made by any person in charge of such school for its administration.
(4) The Majlis shall have power to authorise any public officer to inspect any Muslim religious school in order to satisfy himself that all the requirements of the Majlis are being complied with.
(5) The Majlis shall have power to order any person employed or to be employed as a teacher at any private religious school to submit to a test conducted by a board appointed by the Majlis.
(6) If any person fails to pass the test referred to in subsection (5), the Majlis shall have power to forbid his employment as a teacher at the school.
(7) The Majlis shall have power to order the closure of any religious school which the board may consider unsatisfactory.
(8) An appeal shall lie from any act, order or direction of the Majlis under this section to the Minister.
(9) The Majlis may, with the approval of the Minister, make rules for carrying out the purposes of this section.
[20/99]