PART 1 | 1. This Act is the Maintenance of Religious Harmony Act 1990. |
2. In this Act, unless the context otherwise requires —“anonymous donation”, for a religious group, means a donation which the religious group accepting the donation is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the donor giving the donation, but excludes the following:| (a) | a donation deposited in a box, receptacle or other container in a publicly accessible location within a place of worship in Singapore for the same religion or religious denomination as the religious group; | | (b) | any proceeds from a collection by the religious group, the conduct of which is authorised by the House to House and Street Collections Act 1947*; | | (c) | a cash donation collected during an act of collective worship or a religious ceremony or rite conducted by the religious group; | | (d) | a donation which is declared not to be an anonymous donation by regulations made under section 19; [Act 31 of 2019 wef 01/11/2022] |
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“communications activity”, in relation to any information or material, means communicating or distributing the information or material to the general public in Singapore, whether or not in the course of business, and includes doing any of the following whether or not in the course of business:| (a) | placing the information or material, or something that contains the information or material, somewhere it can be accessed by the general public in Singapore; | | (b) | giving the information or material, or something that contains the information or material, to an intermediary to give to an intended recipient in the general public in Singapore; | | (c) | describing to the general public in Singapore —| (i) | how to obtain access to the information or material, or something that contains the information or material; or | | (ii) | methods that are likely to facilitate access to the information or material, or something that contains the information or material; |
| | (d) | displaying, screening or playing the information or material, or something that contains the information or material, so that it can be seen or heard in or from a public place in Singapore, |
| but does not include communicating or distributing, in the course of business, information or material produced entirely by another person and without altering the information or material or only altering the information or material to the extent to fit time, space or format constraints; |
[Act 31 of 2019 wef 01/11/2022] |
| “community remedial initiative” has the meaning given by section 16H; [Act 31 of 2019 wef 01/11/2022] |
| “competent authority”, in relation to any provision of this Act, means the competent authority appointed under section 2B to exercise powers under that provision; [Act 31 of 2019 wef 01/11/2022] |
“conduct”, in relation to engaging in conduct, means —| (a) | an act or omission on a single occasion; or | | (b) | a series of acts or omissions, or both, on a number of occasions over a period of time, |
| such as (but not limited to) communications activity, and may include conduct occurring outside Singapore; |
[Act 31 of 2019 wef 01/11/2022] |
| “Council” means the Presidential Council for Religious Harmony constituted under section 3; |
“donation”, for a religious group, means any of the following:| (a) | any bequest or gift of money to the religious group or any religious institution affiliated or associated with the religious group; | | (b) | any money to pay or reimburse any expenditure incurred (whether directly or indirectly) by the religious group or any religious institution affiliated or associated with the religious group; | | (c) | any money lent to the religious group or any religious institution affiliated or associated with the religious group, otherwise than on commercial terms; [Act 31 of 2019 wef 01/11/2022] |
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| “donation report” has the meaning given by section 16A; [Act 31 of 2019 wef 01/11/2022] |
| “donor” means an individual or entity that makes a donation; [Act 31 of 2019 wef 01/11/2022] |
“entity” includes any of the following, whether or not a religious group or religious institution:| (a) | a sole proprietorship; | | (b) | a partnership (including a limited partnership); | | (c) | a limited liability partnership; | | (d) | a corporation within the meaning given by the Companies Act 1967*; | | (e) | a trustee of an express trust or other similar arrangement; | | (f) | an unincorporated association; | | (g) | a co-operative society; | | (h) | a trade union; [Act 31 of 2019 wef 01/11/2022] |
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| “foreign affiliations report” has the meaning given by section 16B; [Act 31 of 2019 wef 01/11/2022] |
| “foreign country” means a country or territory other than Singapore, and includes part of such a country or territory; [Act 31 of 2019 wef 01/11/2022] |
“foreign principal” means —| (a) | if an individual, an individual who is not a citizen of Singapore and is not a Singapore permanent resident; or | | (b) | if not an individual, an entity which —| (i) | is constituted or organised under a law of a foreign country and is not registered in Singapore under any written law; | | (ii) | has its principal place of business in a foreign country, even if incorporated or registered under any written law; or | | (iii) | is the government of a foreign country or an authority of the government of a foreign country; [Act 31 of 2019 wef 01/11/2022] |
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| “general public” includes a section of the general public in Singapore; [Act 31 of 2019 wef 01/11/2022] |
“gift”, for a religious group, includes —| (a) | a bequest or disposition by will to the religious group or any religious institution affiliated or associated with the religious group; | | (b) | an amount paid by a person as a contribution or entry fee or other payment to entitle that or another person to participate or otherwise obtain any benefit from a fund-raising venture or similar function organised by the religious group or any religious institution affiliated or associated with the religious group (being an amount that forms part of the gross proceeds of the venture or function); | | (c) | an annual or other subscription paid to the religious group or any religious institution by a member of that group or institution or an entity for affiliation with that religious group or religious institution; and | | (d) | any other contribution of money given to the religious group or any religious institution affiliated or associated with the religious group, by a person, or in circumstances, prescribed, |
| but does not include any zakat or fitrah or any other prescribed sum of money (whether or not of a similar kind); |
[Act 31 of 2019 wef 01/11/2022] |
“governing body”, for a religious group, means the group of individuals (whether or not each an employee or a responsible officer or religious leader of the religious group) who —| (a) | is directly involved in the management of the properties (including donations) belonging to the religious group; and | | (b) | has the capacity, on behalf (as the case may be) of the religious group, to influence the appointment of the religious leaders of the religious group or any institutions affiliated or associated with the religious group; [Act 31 of 2019 wef 01/11/2022] |
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“information or material” means information or material in any form, and includes —| (a) | oral, written, electronic or digital form; and | | (b) | visual, pictorial or graphic form (such as but not limited to an anthropomorphic or humanlike depiction); [Act 31 of 2019 wef 01/11/2022] |
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| “key management report” has the meaning given by section 16C; [Act 31 of 2019 wef 01/11/2022] |
| “Presidential Council for Minority Rights” means the Presidential Council for Minority Rights constituted under Part 7 of the Constitution of the Republic of Singapore; |
| “publication” includes any newsletter, journal, periodical, book, film, videotape, audiotape or any written, pictorial, aural or printed matter containing any audio or visible representation which by its images, form, shape or sound or in any other manner is capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication; |
“relevant donor”, for a religious group, means a person who makes a religious donation to the religious group and who, at the time the donation is accepted by the religious group —| (a) | if the donor is an individual, is —| (i) | not a citizen of Singapore; | | (ii) | not a Singapore permanent resident; and | | (iii) | not a resident of Singapore who is prescribed as a permissible donor; or |
| | (b) | if the donor is not an individual, is —| (i) | not an entity which is registered in Singapore (even if incorporated outside Singapore); | | (ii) | not incorporated under any written law; and | | (iii) | not a corporation sole or corporation aggregate established under a private Act for religious purposes; [Act 31 of 2019 wef 01/11/2022] |
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“religious donation”, for a religious group, means a donation made to or for the benefit of the religious group, the whole or part of which was used or is intended to be used by the religious group solely or substantially —| (a) | to incur expenditure for carrying out a religious or charitable purpose of the religious group wholly or partly in Singapore; or | | (b) | to enable the religious group to make, directly or indirectly, a religious donation; | | Examples of religious or charitable purpose |
| | | (a) | Religious worship, rite or ceremony carried out wholly or partly in Singapore. |
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| | | (b) | The provision of healthcare services wholly or partly in Singapore. |
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| | | (c) | The acquisition or maintenance of, or the construction or other building works relating to, a medical clinic or healthcare facility in Singapore. |
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| | | (d) | The acquisition or maintenance of, or the construction or other building works relating to, a school or an educational institution in Singapore which is used or to be used wholly or substantially to provide training or courses of instruction about or according to the tenets of the religion or religious denomination of a religious group. |
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| | | (e) | The acquisition or maintenance of, or the construction or other building works relating to, a place of worship in Singapore which is used or to be used by members of a religious group. |
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| | | (f) | The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for one or more ministers of the religious group whose duties consist of performing the rites or rituals of the faith or in preaching the tenets of the religion or religious denomination, or for missionaries directly engaged in spreading religious doctrine in Singapore and whose work is not in essence administrative or clerical. |
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| | | (g) | The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for aged or infirm individuals mentioned above. |
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[Act 31 of 2019 wef 01/11/2022] |
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| “religious institution” includes the congregation, assembly of worshippers, parishioners or other group of followers who attend religious services or activities held in Singapore by or at a church, cathedral, chapel, sanctuary, mosque, surau, temple, synagogue or other place of worship; [Act 31 of 2019 wef 01/11/2022] |
“religious group” includes —| (a) | any company or other body corporate incorporated under the Companies Act 1967 or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practising, conducting, teaching or propagating any religious belief; and | | (b) | any body of persons, whether or not registered as a society under the Societies Act 1966, whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief; [Act 31 of 2019 wef 01/11/2022] |
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“religious leader” means —| (a) | a priest, monk, pastor, mufti, imam, rabbi, elder or similar office-bearer in a religious group or religious institution; or | | (b) | any other person who is in a position of authority in any religious group or religious institution in relation to the religious practice or worship, or the tenets of the religion or religious denomination, of that group or institution, |
| but a person is not a religious leader by reason only that the person is a responsible officer of the religious group or a member of the governing body of the religious group; |
[Act 31 of 2019 wef 01/11/2022] |
“reportable donation”, for a religious group, means —| (a) | a religious donation given by a relevant donor to and accepted by the religious group, which is of or exceeding $10,000 on any one occasion, without aggregating any earlier donation by the same relevant donor to the same religious group; or | | (b) | an anonymous donation given to and accepted by the religious group, which is of or exceeding $10,000; [Act 31 of 2019 wef 01/11/2022] |
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“responsible officer”, for a religious group, means —| (a) | where the religious group is a body corporate, the person for the time being holding the office of chairman, managing director or company secretary of, or any position analogous to any of those offices in, the religious group; | | (b) | where the religious group is an unincorporated body of persons, the person for the time being holding the office of president, secretary or treasurer of the governing body or a committee (or an equivalent body) of, or any position analogous to any of those offices, in the body of persons; or | | (c) | where the religious group is a partnership (including a limited partnership), a partner of the partnership, |
| and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c) if that office is vacant; |
[Act 31 of 2019 wef 01/11/2022] |
| “restraining order” means an order made under section 8 or 9, as the case may be; [Act 31 of 2019 wef 01/11/2022] |
| “Singapore permanent resident” means an individual who holds a valid entry permit under section 10 of the Immigration Act 1959* or a re-entry permit issued under section 11 of that Act. [Act 31 of 2019 wef 01/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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| Supplementary interpretative provisions for donations, etc. |
2A.—(1) Subject to the provisions of this Act, a donation is accepted by a religious group if it is received and retained by or on behalf of the religious group for its use and benefit.(2) For the purposes of this Act, anything given or transferred —| (a) | to any branch of a religious group (which may be a religious institution); or | | (b) | to any responsible officer of a religious group, member of the governing body of a religious group, or to a religious leader of a religious group, in his capacity as such (and not solely for his own use or benefit), |
| is to be regarded as given or transferred to the religious group, and references to donations received by a religious group accordingly include references to donations so given or transferred. |
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(3) For the purposes of this Act, any information or material in electronic or digital form which did not originate in Singapore, or the origin of which cannot be determined, is deemed to be communicated or distributed to the general public in Singapore if —| (a) | the information or material is communicated or distributed or caused to be communicated or distributed by a Singapore-connected person or the Singapore-connected person takes part in that communication or distribution; and | | (b) | the information or material is accessible by persons physically present in Singapore. |
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(4) For the purposes of subsection (3), a Singapore-connected person means —| (a) | a citizen of Singapore; | | (b) | a Singapore permanent resident; | | (c) | a person in Singapore; | | (d) | an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated under any written law; or | | (e) | a corporation sole or corporation aggregate established under a private Act. [Act 31 of 2019 wef 01/11/2022] |
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2B.—(1) The Minister may appoint —| (a) | a public officer to be the competent authority for the administration of Part 4, 5 or 6* generally; or | | (b) | one or more public officers to be each a competent authority responsible for the administration of a particular provision in Part 4, 5 or 6*. [*Updated to be consistent with the 2020 Revised Edition] |
| (2) A competent authority is, subject to any general or special directions of the Minister, responsible for the administration of Part 4, 5, 6 or 7* or any provision in that Part (as the case may be) and may perform such duties as are imposed and may exercise such powers as are conferred upon the competent authority by this Act. [*Updated to be consistent with the 2020 Revised Edition] |
| (3) The Minister may from time to time give a competent authority directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the competent authority by, and the duties required to be discharged by the competent authority under, this Act; and the competent authority must give effect to those directions given. [Act 31 of 2019 wef 01/11/2022] |
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