29.
| (1) The board may, of its own motion or upon a complaint made by any five members of the jama'ath of any registered mosque, either inquire, or direct the Commissioner or any person authorized in that behalf by the board to hold an inquiry, into any alleged misfeasance, breach of trust or neglect of duty committed by a trustee of that mosque in respect of any property vested in that trustee or into any failure on the part of a trustee of that mosque to comply with the provisions of this Act, or into the inability of a trustee of that mosque to perform the duties imposed by or under this Act or to administer efficiently the general affairs of that mosque. |
|
| (2) Where an inquiry under subsection (1) has been held by the board, the board may, if it is satisfied that the allegations against the trustee have been proved, remove such trustee from office. |
|
| (3) Where an inquiry under subsection (1) has been held by the Commissioner, the Commissioner may, if he is satisfied that the allegations against the trustee have been proved, suspend such trustee and appoint an interim trustee and thereupon shall submit a report in writing on the inquiry held by him to the board who shall after considering such report remove the trustee, in respect of whom such inquiry was held, from office or reinstate such trustee. |
|
| (4) Where an inquiry under subsection (1) has been held by a person other than the Commissioner, such person shall submit a report on the inquiry held by him to the board who may if it is satisfied that the allegations against the trustee have been proved, remove the trustee from office. |
|
| (5) Where any person has been appointed as an interim trustee of a registered mosque under subsection (3), such person shall hold office until the board either reinstates the trustee who was suspended or appoints a new trustee, and shall exercise, perform and discharge the powers, duties or functions conferred or imposed upon, or vested in, a trustee of a mosque by or under this Act. |
|
| (6) Subject to the provisions of subsection (7), the Commissioner upon direction issued by the board in that behalf in respect of a registered mosque, or any five persons interested in that mosque, may, without joining as plaintiff any other person so interested, institute an action against a trustee of that mosque in the District Court having jurisdiction in the place in which that mosque is situated, to obtain a decree providing for all or any of the following purposes: -
| | (a) directing the specific performance of any act by that trustee; | | |
| | (b) declaring that trustee guilty of any misfeasance, breach of trust, or neglect of duty; | | |
| | (c) ordering the payment by that trustee of any sum to the funds of the mosque by way of damages in respect of any such misfeasance, breach of trust, or neglect of duty; and | | |
| | (d) granting such further or other relief as the circumstances of the case may require. | | |
|
|
| (7) No action, other than an action instituted by the Commissioner, shall be entertained by the District Court under this section unless the plaint is accompanied by a certificate under the hand of the Commissioner that the action has been approved by the board. |
|
| (8) For the purposes of this section, any member of the jama'ath of a registered mosque shall be deemed to be a person interested in that mosque. |
|
| (9) Where five or more persons interested in a mosque have instituted an action under subsection (6), the withdrawal of one or more than one such person from the action shall not prevent the District Court from continuing and concluding the action so long as at least one person who instituted the action continues to be a party. |
|
|
Sri Lanka Consolidated Acts