Sri Lanka Consolidated Acts

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Muslim Mosques And Charitable Trusts Or Wakfs Act (No. 51 of 1956) - Sect 20

Duty of person or persons in charge of any property belonging to a mosque to hand over or deliver possession of such property to the duly appointed trustee or trustees of that mosque. [ 7, 21 of 1962.]

15A.
(1) Upon the appointment of a trustee or trustees of a mosque by the board, the person or persons who immediately prior to the date of such appointment had in any capacity whatsoever the possession, custody or control of any property which-
(a) belonged to that mosque, or
(b) in any way appertained to that mosque, or
(c) was appropriated to the use of that mosque,
(2) Where any person fails to comply with the requirements of a request made under subsection (1) within thirty days of the date of receipt of such request, the board may, if it decides so to do, cause a notice in writing to be served on such person. Every such notice shall direct such person to hand over or deliver possession of, within a period not exceeding one month as may be specified in such notice, such property as may be specified in the notice together with any documents relating thereto to the trustee or trustees of the mosque appointed by the board.
(3) Where any person fails to deliver possession of, or to hand over, to the trustee or trustees of a mosque any property other than money specified in a notice served on him under subsection (2) within the period specified in that notice, the Commissioner, if directed so to do by the board, shall, on making an application in that behalf to the Magistrate's Court having jurisdiction over the place where the land is situated, if such property is land, or where such person resides, if such property is property other than land, be entitled to an order of that court directing the Fiscal to deliver possession of or hand over such property to the trustee or trustees of the mosque.
(4) Where any person fails to hand over to the trustee or trustees of a mosque any sum of money specified in a notice served on him under subsection (2) within the period specified in that notice, the Commissioner may issue a certificate setting out the sum of money and the name and last known place of abode of such person to a Magistrate having jurisdiction over the place in which such person resides and such sum may be recovered in like manner as a fine imposed by that court, notwithstanding that the amount of the money may exceed the amount of the fine which that court may in the exercise of its ordinary jurisdiction impose.
(5)
(a) Where an order under subsection (3) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that order and shall in writing report to that court the manner in which that order was executed.
(b) For the purpose of executing an order relating to land issued by a Magistrate's Court under subsection (3), the Fiscal or any person acting under his directions may use such force as may be necessary to enter the land to which that order relates and to eject any person in occupation thereof and to deliver possession of that land to the trustee or trustees of the mosque.
(6)
(a) A request referred to in subsection (1), or a notice referred to in subsection (2), to any person, shall be made or given by letter despatched to him by registered post and addressed to his last known place of abode.
(b) A request or notice made or given to any person by letter as provided in this subsection shall be deemed to have been made to, or served on, him at the time at which the letter would have been delivered in the ordinary course of post.
(7) A decision of the board under subsection (2) shall be final and conclusive and shall not be called in question in any court:


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