Singapore Tourism Board Act

(CHAPTER 328)

(Original Enactment: Ordinance 35 of 1963)

REVISED EDITION 1985

(30th March 1987)

An Act for the establishment of the Singapore Tourism Board and of the Tourism Fund and for matters connected therewith.

[1st January 1964]

Short title

1. This Act may be cited as the Singapore Tourism Board Act.

Interpretation

2. In this Act —

“associate member” means an associate member of the Board appointed under section 6;

“Board” means the Singapore Tourism Board established under section 3;

“Chief Executive” means the Chief Executive of the Board appointed under section 8 and includes any acting Chief Executive appointed under section 8(3);

“financial year” means a period of 12 months beginning on 1st April;

“member” means a member of the Board appointed under section 5;

“tourism enterprise” means all or any of the following:

(a)	any business which provides national or international carriage for passengers;
(b)	any business which, either wholly or in part, provides or arranges services for visitors to Singapore by way of transport, accommodation, tours or guides, whether or not such services are provided within or outside Singapore;
(c)	any business which, either wholly or in part, distributes for the purpose of trade or retails tourism-related products;
(d)	any other undertaking, including any convention, exhibition, show, fair, publicity campaign or theme park, intended wholly or in part for the benefit of, or for the purpose of attracting, visitors to Singapore;

“tourism-related product” means any product, primarily intended for sale to visitors to Singapore, that —

(a)	depicts any scenery or tourist attraction of Singapore;
(b)	bears the Merlion symbol, a representation of which is set out in the First Schedule; or
(c)	has any other characteristic that the Minister may, by notification in the Gazette, declare.

and includes any exhibition, show, fair, publicity campaign or other undertaking intended wholly or in part for the benefit of, or for the purpose of attracting, visitors to Singapore.

[4/72]

[33/75]

Establishment of Singapore Tourism Board

3.—(1) There shall be established in accordance with the provisions of this Act a body to be called the Singapore Tourism Board.

[33/75]

(2) The Board shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property, both movable and immovable, and may sue and be sued in its corporate name and perform such other acts as bodies corporate may by law perform.

Chairman of Board

4. The Minister shall appoint a Chairman of the Board (referred to in this Act as the Chairman) who shall, subject to the provisions of this Act, hold office for such period and on such terms as the Minister may determine.

Constitution of Board

5.—(1) The Board shall consist of —

(a)	the Chairman;
(b)	the Chief Executive; and
(c)	10 other members to be appointed by the Minister.

(2) The members of the Board appointed by the Minister under subsection (1)(c) shall, unless their appointment is revoked by the Minister under subsection (6), or unless they resign during their period of office, hold office for a term of 3 years or for such shorter period as the Minister may in any case determine.

(3) The Minister may appoint a member of the Board to be Deputy Chairman of the Board. The Deputy Chairman may preside at meetings of the Board in the absence of the Chairman.

(4) A member of the Board shall not, in any meeting of the Board, participate in any discussion relating to, and shall not vote in respect of, any contract, business or other matter in which he is interested, and if he does so his vote shall not be counted.

(5) The members of the Board shall be paid out of the funds of the Board such salaries, fees or allowances as the Minister may determine.

(6) The Minister may at any time revoke the appointment of the Chairman or of any other member of the Board.

Associate members

6.—(1) The Board may appoint a person carrying on any business in Singapore to be an associate member of the Board.

[4/72]

(2) An associate member shall —

(a)	be granted an emblem and a certificate to be prescribed by the Board in recognition of his associate membership;
(b)	maintain high standards at all times in the conduct of his business for the promotion of the tourist trade in Singapore;
(c)	comply with all regulations made by the Board; and
(d)	pay such fee to the Board as may be prescribed by the Board.

(3) The Board may at any time revoke the appointment of a person as an associate member.

(4) No person other than an associate member shall use the emblem and certificate referred to in subsection (2)(a).

(5) No person shall use any emblem, title or description reasonably calculated to suggest that he is an associate member unless he is in fact an associate member.

(6) Any person who contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

[5A

Directions by Minister

7.—(1) The Minister may, after consultation with the Board or otherwise, give to the Board such directions, not inconsistent with the provisions of this Act, as he may think fit, as to the exercise and performance by the Board of its powers, duties and functions under this Act, and the Board shall give effect to all such directions.

(2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Chief Executive

8.—(1) The Board shall, with the approval of the Minister, appoint a Chief Executive for the purposes of this Act.

(2) The Chief Executive shall —

(a)	be known by such designation as the Board may determine;
(b)	be responsible to the Board for the proper administration and management of the functions and affairs of the Board in accordance with the policy laid down by the Board; and
(c)	not be removed from office without the consent of the Minister.

(3) If the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his duties, a person may be appointed by the Board to act in the place of the Chief Executive during such period of absence from duty.

Appointment of officers and employees

9.—(1) The Board may from time to time appoint such agents and appoint and employ such officers and employees as may be necessary for the purposes of this Act and may from time to time dismiss them.

(2) All officers and employees of the Board shall be under the administrative control of the Board.

Ineligibility for employment as officers of Board

10.—(1) No person shall be eligible for employment as an officer or employee of the Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.

(2) Any officer or employee of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

Appointment of committees and delegation of powers

10A.—(1) The Board may, in its discretion, appoint from among its members or other persons who are not members such number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of such committees.

(2) The Board may, subject to such conditions or restrictions as it may impose, delegate to the Chairman , Chief Executive or a committee appointed under subsection (1) all or any of the functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by the Chairman, Chief Executive or such committee, as the case may be, in the name and on behalf of the Board.

(3) The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any member or employee of the Board all or any of its functions, duties and powers vested in the Board by or under this Act or any other written law, and any power, function or duty so delegated may be exercised or performed by such member or employee in the name and on behalf of the Board.

(4) The Board may continue to exercise a power conferred upon it, or perform a function or duty under this Act or any other written law, notwithstanding the delegation of such power, function or duty under this section.

Payments to Board

11. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may, from time to time, authorise the payment to the Board of such sums as he may determine.

[10

Establishment and administration of Tourism Fund

12.—(1) There shall be established a fund to be called the Tourism Fund (referred to in this Act as the Fund) which shall be controlled and administered by the Board, subject to the directions of the Minister.

(2) All moneys collected under section 14(f) and all moneys received by the Board from any source whatsoever shall be paid into the Fund.

[13^*

^*Sections 11 and 12 in the 1970 Edition were repealed by Act 1/72.

Purpose of Fund

13. The Fund shall be devoted to the following purposes:

(a)	the payment of the expenses of, or connected with, the administration of the Board; and
(b)	the payment of all expenses necessary for carrying out the purposes of this Act. [14

Functions of Board

13A.—(1) The functions of the Board shall be —

(a)	to develop and promote Singapore as a travel and tourist destination;
(b)	to advise the Government on matters relating to travel and tourism;
(c)	to enhance the travel and tourism sector’s contribution to the Singapore economy; and
(d)	to exercise licensing and regulatory functions in respect of such tourism enterprises as the Board may determine.

(2) In addition to the functions of the Board under subsection (1), the Board may undertake such other functions as the Minister may assign to the Board and in so doing the Board shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions.

(3) Nothing in this section shall be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

Powers of Board

14. Subject to this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, in particular, the Board may exercise the following powers:

(a)

to act as an agent for the Government or, with the approval of the Minister, for any person, body or organisation for the transaction of any business connected with any tourism enterprise;

(b)

to engage in, assist in or promote the improvement of facilities for visitors to Singapore and the development of Singapore as a tourist destination;

(c)

to secure overseas publicity for the tourist attractions in Singapore and tourism projects outside Singapore in which Singapore has an interest;

(d)

to co-ordinate the activities of persons providing services for visitors to Singapore;

(e)

to regulate standards to be maintained by such tourism enterprises as the Board may determine;

(f)

to license such class or classes of tourism enterprises as the Board may determine and to prescribe the conditions under which the licences may be granted and the fees which may be levied for the licences;

(g)

to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Board upon such terms as the Board considers fit;

(h)

to grant loans or advances to any person carrying on a tourism enterprise;

(i)

to enter into any contract or agreement for carrying out the purposes of this Act;

(j)

to receive, in consideration of the services rendered by the Board, such commission or payment as may be agreed upon;

(k)

to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Board;

(l)

with the approval of the Minister, to make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees or former employees of the Board as the Board may determine, on their death or retirement from the service of the Board or on their otherwise leaving the service of the Board;

(m)

to carry on the business of providing transport facilities for persons visiting tourist attractions in Singapore;

(n)

to invest any money of the Board in securities authorised for the investment of trust funds by any written law and, with the approval of the Minister, in other securities, within or outside Singapore;

(o)

with the approval of the Minister, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company carrying on a tourism enterprise;

(p)

with the approval of the Minister, to invest any money of the Board in any business within or outside Singapore which will promote or be conducive to the tourism trade in Singapore;

(q)

with the approval of the Minister —

(i)	to enter into any joint venture with any person; or
(ii)	to form or participate in the formation of any company,

whether in Singapore or elsewhere, for the purpose of carrying out all or any of the functions of the Board;

(r)	with the approval of the Minister, to manage, control or supervise tourism enterprises within or outside Singapore by nominating directors or advisers, or by collaborating with persons carrying on tourism enterprises or entering into partnerships or any other arrangements with them;
(s)	with the approval of the Minister, to borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Board as the Board may from time to time consider desirable; and
(t)	generally to do all such matters and things as may be incidental to or consequential upon the exercise of the Board’s powers or the discharge of its duties under this Act.

Protection of superannuation scheme

15. The following provisions shall apply to any scheme established under any of the rules made under section 14(l) —

(a)

no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no donation by the Board or contribution by its officers made under any such scheme and no interest thereon shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;

(c)

no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and shall not be deemed to form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act [Cap. 96];

(f)

any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in the form prescribed in such scheme and shall be deposited with the Board;

(g)

if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the High Court or a Judge thereof; and

(h)

the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme.

[15B^*

^*Section 15A in the 1970 Edition was repealed by Act 33/75.

[4/72]

Restriction on the use of the words “travel” and “tourist”

16.—(1) No person shall use the word “travel” or “tourist” in any language in any business name except with the permission of the Board.

[4/72]

(2) The permission of the Board shall not be unreasonably withheld from any person who is carrying on the business of a tourist enterprise.

(3) Any person who has been refused permission by the Board to use the word “travel” or “tourist” in any business name may appeal to the Minister whose decision shall be final.

(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both, and to a further fine not exceeding $500 for every day during which the offence continues after conviction.

(5) A Magistrate’s Court may, on the application of an officer of the Board, make a prohibition order against a person who has been convicted of an offence under subsection (1) to prohibit him from using the word “travel” or “tourist” in any business name.

(6) Any person to whom a prohibition order is addressed who fails to comply with the prohibition order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every day during which he fails to comply with the order.

(7) In this section, “business name” means the name, title or description under which any business is carried on whether in partnership or otherwise.

Business not to be described as tourist service, etc.

17.—(1) No person shall describe or cause to be described any business or activity as a tourist or travel service, or as a tourist or travel agency, except with the permission of the Board.

[4/72]

(2) The permission of the Board shall not be unreasonably withheld from any person who is carrying on the business of a tourist enterprise.

(3) Any person who has been refused permission by the Board to describe his business or activity as a tourist or travel service, or as a tourist or travel agency, may appeal to the Minister whose decision shall be final.

(5) A Magistrate’s Court may, on the application of an officer of the Board, make a prohibition order against a person who has been convicted of an offence under subsection (1) to prohibit him from describing any activity or business as a tourist or travel service, or as a tourist or travel agency.

[15D

Financial provisions

18. The financial provisions set out in the Second Schedule shall have effect with respect to the Board.

[16

[33/75]

Annual report

19.—(1) The Board shall, as soon as practicable after the close of each financial year but not later than 30th September of each year, submit to the Minister an annual report on the activities of the Board during the preceding financial year.

(2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.

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