Section 198
of Religious Council and Kadis Courts Act
Section 198
(Repealed by S 37/1998).
Provident Fund 199.
(1)
The Majlis shall have power to institute and administer a provident fund for the benefit of any or all of the employees of the Majlis.
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(2)
The Majlis shall itself be the sole trustee of any such provident fund, and shall hold all monies, investments and assets appertaining thereto as a segregated fund.
(3)
The Majlis may appoint a Managing Committee to administer any such provident fund and such Managing Committee may include persons not members of the Majlis and persons who are beneficiaries of the fund.
(4)
The Majlis may invest any monies or assets of any such provident fund in any of the investments by this Act, authorised for the investment of monies and assets constituting the General Endowment Fund, and shall have the like powers in respect of change of investment, employment of bankers and similar matters as relate to the General
Endowment Fund.
(5)
The Majlis may contribute to any such provident fund out of monies and assets constituting the General Endowment Fund.
(6)
The Majlis may, with the approval in writing of His Majesty the
Sultan and Yang Di-Pertuan, make rules to regulate —
(a)
the institution, organisation, administration and management of the provident fund;
(b)
the proceedings of the Managing Committee;
(c)
the proceedings of meetings of contributors to the provident fund;
(d)
the eligibility of contributors to the provident fund;
(e)
the amount of contributions and the terms upon which they will be received, and paid out;
(f)
the absorption of other provident funds or similar institutions;
(g)
the alteration or amendment of the rules governing the provident fund; and
(h)
the winding up of the provident fund.
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(7)
The Majlis may discontinue and wind up any such provident fund.
(8)
The expenses of managing and administering any such provident fund shall be borne by the fund.
Protection of Majlis, its Members and employees 200.
(1)
No Member of the Majlis is liable for any loss arising from or contingent upon any investment made in accordance with the provisions of this Act, or any failure to collect or get in any monies or assets of the Majlis, unless such loss has been occasioned by his wilful negligence of fraud.
(2)
Any Member of the Majlis, and any servant, agent or person acting under the authority of the Majlis shall be indemnified by the Majlis against any action or proceeding for or in respect of any act, matter or thing bona fide done or omitted to be done by him in the exercise or supposed exercise of any of the rights or powers of the Majlis or the Members thereof.
Validation of judgments, sentences and orders 201.
Any sentence passed, judgment given, order made or act done before the coming into force of this Act by the Courts of Chief Kadi or of a Kadi, including any order made in reference to any such sentence, judgment, order or act by the appellate authority, is deemed to be and always to have been valid and within the jurisdiction of such Courts or appellate authority.
Pending matters 202.
The provisions of this Act apply, so far as may be, to all matters pending in the Courts of the Chief Kadi or of a Kadi when this Act comes into force.
Rules 203.
His Majesty the Sultan and Yang Di-Pertuan in Religious Council may, by notification signified in the Gazette, make rules for carrying out the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, such rules may provide for —
(a)
the procedure of the Majlis, the form and method of execution of instruments by the Majlis, and the appointment of subordinate officers of the Majlis;
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(b)
the fees to be paid in respect of any act or thing done under or in pursuance of this Act, and the method of collecting and disposing of the same;
(c)
the powers and duties of the Legal and Judicial Committees, and the practice and procedure in respect of all matters within their respective jurisdictions;
(d)
the appointment of Committees of the Majlis and their powers, duties and procedure;
(e)
the practice and procedure of the Courts of the Chief Kadi and of Kadis and in any such rule it shall be lawful for His Majesty the Sultan and Yang Di-Pertuan to declare that any of the provisions of sections 51 to 96 inclusive shall cease to have effect;
(f)
the forms, registers, books of account, reports, accounts, estimates and other documents to be used in respect of any act or thing done under or in pursuance of this Act;
(g)
the collection, expenditure and disposal of any property, investments and funds due to or vested from time to time in the
Majlis;
(h)
the employment of bankers, and the bank accounts to be opened and operated, by the Majlis;
(i)
the conduct of any charitable collection, and the disposal of the proceeds thereof;
(j)
the conduct of any mosque and all matters relating thereto;
(k)
the powers and duties of any pegawai masjid;
(l)
the determination and publication of mukim boundaries;
(m)
the powers and duties of Registrars of Muslim Marriages and Divorces;
(n)
the care and instruction of juvenile converts by the Majlis, and the method of registering converts; and
(o)
the conduct of religious seminaries and schools.
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Amendment of Schedules 204.
His Majesty the Sultan and Yang Di-Pertuan in Religious Council may by Order signified in the Gazette amend any of the Schedules to this
Act.
His Majesty the Sultan and Yang Di-Pertuan may issue consequential instructions 205.
Where any matter is referred under this Act to His Majesty the Sultan and Yang Di-Pertuan, whether in Religious Council or not, for his determination or directions, His Majesty the Sultan and Yang Di-Pertuan may, subject to the express provisions of this Act, issue such consequential instructions in writing under his hand as he may consider necessary for the proper carrying out of such determination or directions.
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