Societies (Amendment) Act 2004 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 26]

Friday, August 20

[2004

The following Act was passed by Parliament on 19th May 2004 and assented to by the President on 1st June 2004:—

Societies (Amendment) Act 2004

(No. 15 of 2004)

I assent.

S R NATHAN,

President.

1st June 2004.

Date of Commencement: 1st September 2004

An Act to amend the Societies Act (Chapter 311 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Societies (Amendment) Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Societies Act is amended —

(a)

by deleting the word “President” in the definition of “political association” and substituting the word “Minister”; and

(b)

by inserting, immediately after the definition of “political association”, the following definition:

“ “registered society” means a society registered or deemed to be registered under this Act;”.

Amendment of section 4

3. Section 4 of the Societies Act is amended —

(a)

by deleting the words “any society” in subsection (1) and substituting the words “any society specified in the Schedule (referred to in this Act as a specified society)”;

(b)

by deleting the word “society” wherever it appears in subsection (2) and substituting in each case the words “specified society”;

(c)

by deleting the word “society” in the 1st, 2nd, 7th, 10th, 12th and 15th lines of subsection (3) and substituting in each case the words “specified society”;

(d)

by deleting subsection (5) and substituting the following subsection:

“(5) The Registrar shall, by notification in the Gazette, publish such particulars as he thinks fit in respect of every specified society registered under this section.”; and

(e)

by deleting the marginal note and inserting the following section heading:

“Registration of specified societies and refusal to register”.

New section 4A

4. The Societies Act is amended by inserting, immediately after section 4, the following section:

“Registration of societies not specified in Schedule

4A.—(1) A society may apply to be registered under this section if it is not a specified society.

(2) An application for registration under this section shall be accompanied by —

(a)	the prescribed fee for the purposes of registration under this section;
(b)	a copy of the proposed rules of the society;
(c)	a declaration in such form as the Registrar may require as to the object, purpose or activity of the society; and
(d)	such other documents and duly completed forms as the Registrar may require.

(3) The Registrar shall, on the basis of an application under subsection (2) in respect of a society and without making any further inquiry —

(a)	register the society on the date he receives the application; and
(b)	inform the applicant that he has received the application and registered the society.

(4) The Registrar shall, by notification in the Gazette, publish such particulars as he thinks fit in respect of every society registered under this section.

(5) Notwithstanding subsection (3)(a), where it appears to the Registrar that any society registered under that subsection ought not to have been so registered by reason that it is a specified society —

(a)	the Registrar shall recover from that society as a debt due to the Government any difference in the amount of the prescribed fee for the purposes of registration under this section and section 4; and
(b)	that society shall, by virtue of this subsection, be deemed to be registered under section 4 on the date of its registration.

(6) Nothing in subsection (5) shall be construed as preventing the Minister from exercising any of his powers under section 24 in respect of any society referred to in that subsection.”.

New section 11A

5. The Societies Act is amended by inserting, immediately after section 11, the following section:

“Registrar may order change of name or rules of society registered under section 4A

11A.—(1) If the Registrar is of the opinion that the name of any society registered under section 4A —

(a)	is likely to mislead members of the public as to the true character or purpose of the society or so nearly resembles the name of some other society as is likely to deceive members of the public or members of either society;
(b)	is undesirable or offensive;
(c)	is identical to that of any existing society; or
(d)	is likely to give the impression that the society is connected in some way with the Government or any public authority, or with any other body of persons or any individual, when it is not so connected,

the Registrar may, at any time, by notice under his hand, order the society to change its name, within such time as is specified in the notice, to such other name as he may approve.

(2) The Registrar may, at any time, by notice under his hand, order any society registered under section 4A to amend its rules, within such time as is specified in the notice, in such manner as he may direct, if he is of the opinion that the rules of the society, if unchanged, would be contrary to national interest or prejudicial to the public peace, welfare or good order in Singapore.

(3) A society registered under section 4A and every officer of that society shall comply with any notice given under this section.

(4) If a society registered under section 4A fails to comply with any notice given under this section, the society and every officer of that society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(5) If an officer of a society registered under section 4A is charged with an offence under subsection (4), it shall be a defence for him to establish to the satisfaction of the court that he has exercised due diligence and has failed to comply with the notice for reasons beyond his control.

(6) In this section, “amend” and “rules” have the same meanings as in section 11(3).”.

Amendment of section 24

6. Section 24(1) of the Societies Act is amended by inserting, immediately after paragraph (a), the following paragraph:

“(aa)

the registration of any society has been procured by fraud or misrepresentation;”.

New section 33A

7. The Societies Act is amended by inserting, immediately after section 33, the following section:

“Amendment of Schedule

33A. The Minister may, by notification in the Gazette, amend the Schedule.”.

Miscellaneous amendments

8. The Societies Act is amended —

(a)

by deleting “$1,000” in the following provisions and substituting in each case “$5,000”:

Sections 10(3) and (4), 19(3), 20 and 24(5);

(b)

by deleting “$1,000” in the following provisions and substituting in each case “$3,000”:

Sections 11(2) and 13(3);

(c)

by deleting “$500” in section 12(2) and substituting “$3,000”;

(d)

by deleting “$3,000” in the following provisions and substituting in each case “$5,000”:

Sections 14(3), 15(1), 16(1) and 23(2);

(e)

by deleting “$4,000” in section 16(2) and substituting “$5,000”;

(f)

by deleting “$2,000” in the following provisions and substituting in each case “$5,000”:

Sections 17 and 18; and

(g)

by deleting “$200” in section 29(6) and substituting “$1,000”.

New Schedule

9. The Societies Act is amended by inserting, immediately after section 38, the following Schedule:

“THE SCHEDULE

Sections 4(1) and 33A

Specified Societies

1. Any society whose object, purpose or activity, whether primary or otherwise, is to —

(a)	represent;
(b)	promote any cause or interest of; or
(c)	discuss any issue relating to,

any religion, ethnic group, clan, nationality or a class of persons defined by reference to their gender or sexual orientation.

2. Any political association.

3. Any society which uses the word “National” or “Singapore” in its name, except where the word “Singapore” or any abbreviation thereof is used to indicate the society’s place of registration.

4. Any society whose object, purpose or activity, whether primary or otherwise, is to —

(a)	represent persons who advocate;
(b)	promote; or
(c)	discuss any issue relating to,

any civil or political right (including human rights, environmental rights and animal rights).

5. Any society whose object, purpose or activity, whether primary or otherwise, is to discuss any matter relating to the governance of the Singapore society.

6. Any society whose object, purpose or activity, whether primary or otherwise, is to promote or discuss the use or status of any language.

7. Any society which is formed under the instruction of a foreign government or an organisation affiliated to a foreign government.

8. Any society which is formed under the instruction of a foreign organisation or is affiliated to a foreign organisation or whose major source of funding is from outside Singapore, but does not include the Rotaract Club, the Rotary Club, the Toastmaster’s Club and the Lions Club.

9. Any alumni of an educational institution that is not established in Singapore.

10. Any society which has an office bearer who —

(a)	was previously holding office in a society that was dissolved under section 24 and the order for dissolution was made less than 3 years ago;
(b)	while being a member of any society, was convicted for an offence involving the unlawful expenditure of the funds of the society; or
(c)	has been previously declared in writing by the Minister to be unfit to act as an officer of a society.

11. Any society whose object, purpose or activity, whether primary or otherwise, is to promote, discuss any issue relating to, or to provide training in any form of pugilistic or martial arts.”.

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