The Hon. Hiniduma Sunil Senevi — Minister of Buddhasasana, Religious and Cultural Affairs

¶ 01 Hon. Speaker, the Hon. Member raised three Questions under Standing Order 27(2) and also provided clarifications.

¶ 02 1. Yes. The Department had registered not 350, but 435 Islamic charitable organizations. Considering the situation at the time, as an administrative decision, registrations of all Islamic charitable organizations were annulled with effect from 2019.09.24. The letter issued by the Department of Muslim Religious and Cultural Affairs No. MRCA/13/6/ASSO dated 2019.09.23 conveys this, and copies are provided as Annexes 01 and 02.

¶ 03 2. The Department of Muslim Religious and Cultural Affairs has no mechanism to itself restore those registrations. However, there is an alternative pathway. In case law concerning an organization registered with the Department, the Trincomalee Civil Appellate High Court judgment in Case No. EP/HCCA/TRN/FA/215/17 dated 2018.09.27 held that there is no specific legal framework for the Department to register and regulate Muslim social service organizations, and that, under Section 25 of the Muslim Mosques and Charitable Trusts or Wakfs Act, No. 51 of 1956 (as amended), actions should be taken with the approval of the Waqf Board. Therefore, the authority for any (re)registration lies with the Waqf Board, not with the Department. Accordingly, Islamic charitable organizations that satisfy the qualifications under that Act and its amendments can be registered (see Annex 03).

¶ 04 3. In line with Answer 2, since such organizations cannot be registered under this Department, if they meet the qualifications under the Muslim Mosques and Charitable Trusts or Wakfs Act, No. 51 of 1956 as amended by Acts No. 21 of 1962 and No. 33 of 1982, they can be registered. Otherwise, the alternatives are to register under the Divisional Secretariat, the Department of Social Services, or the Registrar of Companies.

¶ 05 Annexes 01 to 03 are tabled and placed in the Library.