10. The following new sections are hereby inserted immediately after section 9A, and shall have effect as section 9B, section 9c, section 9D, section 9E, section 9F, section 9G, section 9H and section 9J, of the principal enactment:
| 9B. The Chairman of the board and if the Chairman is not presiding at any meeting of the board, the Chairman of that meeting shall, for the purpose of the consideration and determination of any matter, have the power
| | (a) to summon and compel the attendance to witnesses. | | |
| | (b) to compel the production of documents, and | | |
| | (c) to administer any oath or affirmation to witnesses. | | |
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| 9c. An application to the board under this Act shall be in the manner prescribed. |
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| 9D.
| | (1) There shall be appointed by the Judicial Service Commission for the purposes of this Act a Wakfs Tribunal or such number of Tribunals as may be determined by the Minister from time to time, each of which shall consist of three persons who are Muslims. | | |
| | (2) The Commission shall appoint one of the members to be the Chairman of the Tribunal. | | |
| | (3) Two members of the Tribunal shall form a quorum. No matter shall be heard by the Tribunal unless a quorum is present. | | |
| | (4) The decision of a majority of the members of the Tribunal who are present at the hearing of any matter shall for all purposes be deemed to be the decision of the Tribunal. | | |
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| 9E.
| | (1) The powers of the Tribunal under this Act shall include the power to hear and determine any application made in respect of a Muslim charitable trust or wakfs for all order providing for all or any of the following purposes:
| | | (a) removing from office any trustee of the trust or wakfs; |
| (b) appointing where necessary, a trustee or trustees for the trust or wakf ; |
| (c) directing the submission of statements of accounts to the Tribunal or the board; |
| (d) declaring what proportion of the property of the trust or wakf or of the interest therein shall be allocated to any specified object of the trust or wakf ; |
| (e) settling a scheme for the management of the trust or wakf; |
| (f) directing the specific performance of any act by the trustee or trustees of the trust of wakf; |
| (g) declaring any trustee of the trust or wakf guilty of any misfeasance, breach of trust or neglect of duty; |
| (h) ordering the payment by any trustee of the trust or wakf of any sum to the funds of the trust or wakf by way of damages in respect of any misfeasance, breach of trust or neglect of duty; and |
| (i) granting such further or other relief arising from the matters specified in paragraphs (a) to (h). |
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| (2) Subject to the provisions of subsection (3), every application in respect of a Muslim charitable trust or wakf shall be made by the Director upon a direction given by the board in that behalf, or any five or more persons interested in that trust or wakf. |
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| (3) No application, other than an application made by the Director, shall be entertained by the Tribunal under this section unless the application is accompanied by a certificate under the hand of the Director that the application has been approved by the board. |
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| (4) Where five or more persons interest ed in a Muslim charitable trust or wakf have made an application under subsection (1), the withdrawal of one or more than one such person from the application shall not prevent the Tribunal from hearing and determining the application so long as at least one person who made the application continues to be a party. |
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| 9F. The Chairman of the Tribunal and if the Chairman is not presiding at any meeting of the Tribunal, the Chairman of that meeting shall for the purposes of the consideration and determination of any matter, have all the powers of a District Court
| | (a) to summon and compel the attendance of witnesses; | | |
| | (b) to compel the production of documents ; and | | |
| | (c) to administer any oath or affirmation to witnesses. | | |
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| 9G. In any proceedings under this Act, the Tribunal shall follow the procedure of a District Court, and in the execution of its orders and judgments, shall have all the powers of a District Court and the provisions of the Civil Procedure Code, relating to the procedures and powers of execution of a District Court, shall, mutatis mutandis, apply to and in relation to the procedures and powers of execution of the Tribunal. |
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| 9H.
| | (1) Any person aggrieved by any order or decision made by the board may within thirty days of the date of such, order or decision appeal in writing to the Tribunal against such order or decision. | | |
| | (2) For the purpose of hearing and deter mining any appeal made under subsection (1), the Tribunal shall have the following powers:
| | | (a) to call for the record of any proceedings before the board and any documents in the possession of the board; and |
| (b) to make such inquiries as may be necessary for the purpose of the appeal and, if it thinks fit, to admit or call for any evidence, whether oral or documentary. |
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| | (3) After the hearing of an appeal, the Tribunal shall make order confirming, setting aside or varying the order or decision of the board, or make such other order thereon as it may think fit. | | |
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| 9J. The jurisdiction exercisable by the Tribunal in respect of matters relating to Muslim charitable trusts or wakfs shall be exclusive and any matter falling within that jurisdiction shall not be tried or inquired into by any court or tribunal of first instance.". |
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Sri Lanka Consolidated Acts