Page:Maintenance of Religious Harmony Act.pdf/9

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Cap. 167A

Maintenance of Religious Harmony

1991 Ed.

Council to be informed of proposed restraining orders. 10. A copy of any notice, grounds and allegations of fact given under section 8 (4) or 9 (4) shall forthwith be given to the Council which may give its views, if any, on the proposed order to the Minister within 14 days of the date of the notice and the Minister shall have regard to the views of the Council in making the order.

Restraining orders to be referred to Council. 11.—(1) Every order made by the Minister under section 8 or 9 must, within 30 days of the date of the order, be referred to the Council.

(2) The Council must consider the order together with the grounds and all facts or documents tendered by the Minister in support of the making of the order, and the representations, if any, received by the Minister prior to the making of the order.

(3) Where the Council considers it necessary for its deliberations, the Council may invite a person against whom an order is made to be present for oral examination by the Council at a meeting convened for this purpose.

(4) The Council must, within 30 days of the receipt of the order and the necessary documents, make its recommendations to the President.

(5) The Council may recommend that the order be confirmed, cancelled or varied in any manner.

Restraining orders to be confirmed by President. 12.—(1) Every order made under section 8 or 9 shall cease to have effect unless it is confirmed by the President within 30 days from the date the Council's recommendations are received by the President.

(2) The President shall consider the recommendations of the Council and may cancel or confirm the order and in confirming the order may make such variations as he thinks fit.

(3) The President shall, in the exercise of his functions under this section, act on the advice of the Cabinet except where the Constitution provides that he may act in his discretion when the advice of the Cabinet is contrary to the Council's recommendations.