Administration of Muslim Law (Amendment) Bill

Bill No. 31/1975

Read the first time on 29th July 1975.

An Act to amend the Administration of Muslim Law Act (Chapter 42 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Administration of Muslim Law (Amendment) Act, 1975 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Administration of Muslim Law Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after the definition of “mosque” appearing therein the following new definition: —

“ “Mosque Building Fund” means the Mosque Building Fund established under section 75A of this Act;”.

New sections 75A, 75B, 75C, 75D, 75E and 75F

3. The principal Act is hereby amended by inserting immediately after section 75 thereof the following new sections: —

“Establishment of Mosque Building Fund

75A.—(1) There shall be established a fund to be called the Mosque Building Fund into which shall be paid all contributions authorised under this Act.

(2) All monies in the Mosque Building Fund shall be vested in the Majlis which shall administer such monies in accordance with the provisions of this Act.

(3) The Majlis may appoint such agents and officers as may be necessary for the collection of contributions to the Mosque Building Fund.

Application of Mosque Building Fund

75B. The monies in the Mosque Building Fund shall be used for —

(a)	the purpose of building any mosque in Singapore; and
(b)	the payment of any costs, charges and expenses of maintaining and administering the Mosque Building Fund.

Contributions to Mosque Building Fund

75C.—(1) Subject to the provisions of this Act and any of the rules made under section 75F of this Act, every employer of a Muslim employee shall pay to the Mosque Building Fund monthly in respect of each Muslim employee a contribution of the amount set out in the Schedule to this Act.

(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 Fund on behalf of the employee.

(3) Any employer who fails to pay the contributions referred to in subsection (1) of this section within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.

(4) An employer who has recovered any amount from the monthly wages of an employee in accordance with subsection (2) of this section and fails to pay such contribution to the Mosque Building 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 two thousand dollars.

(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.

(6) Without prejudice to the provisions of subsections (1) and (2) of this section —

(a)

an employee may at any time contribute voluntarily to the Mosque Building Fund a sum in addition to that referred to in subsection (1) of this section 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 six 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 and the employer shall pay the amount of such excess deductions to the Mosque Building Fund in addition to the appropriate monthly contributions.

(7) Any contribution recoverable from the wages of an employee in accordance with subsection (1) of this section 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.

Muslim employees may decide not to pay contributions

75D.—(1) A Muslim employee who does not wish his employer to pay contributions to the Mosque Building 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 Fund on his behalf during any period not exceeding twelve months.

(2) Where a Muslim employee has made an option pursuant to subsection (1) of this section, the Majlis shall issue him with a certificate to that effect and that employee shall forthwith notify his employer to that effect and thereupon such employer shall cease to be liable to contribute to the Mosque Building Fund under the provisions of section 75C of this Act in respect of such employee for such period as the certificate is in force.

(3) Where an employee has exercised an option under subsection (1) of this section, 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 Fund in respect of that employee unless that employee again exercises an option for his employer not to pay contributions to the Mosque Building Fund on his behalf for a further period of time not exceeding twelve months.

Contributions from other persons

75E.—(1) Notwithstanding the provisions of section 75C of this Act, the Majlis may receive contributions to the Mosque Building Fund from any Muslim person.

(2) Nothing in this Act shall be construed as precluding the Majlis from receiving contributions to the Mosque Building Fund from any person who is not of the Muslim faith.

Power to make rules

75F. 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 Fund and, without prejudice to the generality of the foregoing power, such rules may —

(a)	provide for the manner of payment and collection of contributions to the Mosque Building Fund and any matters incidental thereto;
(b)	exempt employers from paying contributions to the Mosque Building Fund in respect of such categories of Muslim employees as the Majlis may determine;
(c)	provide for the return of contributions under this Part or any part of such contributions paid in error;
(d)	provide for the payment of contributions under this Part or of 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 Fund;
(h)	provide, in cases where an employee is employed concurrently by two or more employers, the extent of the obligation of such employers as to payment of contributions to the Mosque Building Fund;
(i)	prescribe the procedure to be followed when voluntary contributions are paid to the Mosque Building Fund;
(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;
(k)	prescribe anything which under this Part may be prescribed by the Majlis.”.

New Schedule¹

¹The original Bill omitted this heading

4. The principal Act is hereby amended by inserting immediately after section 140 thereof the following new Schedule: —

“THE SCHEDULE

Section 75C(1).

The amount of contribution payable is fifty cents.”.

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