Dawat-e-Hadiyah Act 1993

1993 CHAPTER x

An Act to incorporate the Dai al-Mutlaq as a corporation sole; and for related purposes.

[1st July 1993]

WHEREAS His Holiness Dr. Syedna Mohammed Burhanuddin is the fifty-second incumbent in the office of the Dai al-Mutlaq, having been duly appointed by an act of designation in accordance with the canons and principles of the mission known as Dawat-e-Hadiyah:

And whereas the Dai al-Mutlaq is the supreme head of Dawat-e-Hadiyah and its people professing Islam distinguished as the Shiah Fatimi Ismaili Tayyibi Dawoodi Bohras known as the Dawoodi Bohra Community:

And whereas Dawat-e-Hadiyah promotes and fosters the interests of the Dawoodi Bohra Community:

And whereas the principles and tenets of Dawat-e-Hadiyah require that the Dai al-Mutlaq hold, control, administer and protect all properties and institutions of Dawat-e-Hadiyah and all such properties and institutions of the Dawoodi Bohra Community as are dedicated for the purposes of Dawat-e-Hadiyah and are recognised as such by the Dai al-Mutlaq:

And whereas it is expedient that, for the purpose of holding property in England and Wales and related purposes, the Dai al-Mutlaq be incorporated as a corporation sole:

And whereas it is expedient that the other provisions of this Act be enacted:

And whereas the objects of this Act cannot be attained without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Short title

This Act may be cited as Dawat-e-Hadiyah Act 1993.

2 Incorporation of Dai al-Mutlaq

The person who for the time being holds the office of the Dai al-Mutlaq shall be a corporation sole by the name of the Dai al-Mutlaq with perpetual succession and the powers conferred by this Act; and references to the Dai al-Mutlaq in the following provisions of this Act are, except where the context otherwise requires, references to him in his corporate capacity.

3 General powers of Dai al-Mutlaq

The Dai al-Mutlaq shall have the capacity—

(a) to acquire and hold any property whether situated in England and Wales or in any other part of the world with full power to manage, sell, mortgage, lease, exchange or otherwise deal with, divest or dispose of the same;

(b) to sue and be sued;

(c) to enter into contracts or other legal engagements;

(d) to do all such other acts and things as may be necessary or expedient for, or incidental to, the performance of the functions of the office of the Dai al-Mutlaq.

4 Vesting of property

All property in England and Wales to which, immediately before the commencement of this Act, His Holiness Dr. Syedna Mohammed Burhanuddin was entitled in his capacity as the Dai al-Mutlaq, and all rights, liabilities and obligations having effect under the law of England and Wales to which he was then entitled or subject in that capacity, are without further assurance hereby transferred to the Dai al-Mutlaq.

5 Reference in deeds to Dai al-Mutlaq

Where after the commencement of this Act a conveyance, transfer, deed or other document in respect of any property in England and Wales refers to the Dai al-Mutlaq, it shall be deemed to refer to him in his corporate capacity unless it expressly provides that the reference is to the Dai al-Mutlaq in his personal or individual capacity.

6 Restriction on use of property

No property or income of the Dai al-Mutlaq shall be used for any purpose not directly related to the functions of the office of the Dai al-Mutlaq.