Rubber Association of Singapore (Incorporation) (Amendment No. 2) Bill

Bill No. 12/1979

Read the first time on 5th March 1979.

An Act to amend the Rubber Association of Singapore (Incorporation) Act (Chapter 200 of the Revised Edition).

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

Short title

1. This Act may be cited as the Rubber Association of Singapore (Incorporation) (Amendment No. 2) Act, 1979.

New section 7A

2. The Rubber Association of Singapore (Incorporation) Act (hereinafter in this Act referred to as the principal Act) is amended by inserting, immediately after section 7 thereof, the following section: —

“Members

7A.—(1) Such persons who are admitted to membership of the Association from time to time by the Committee in accordance with the rules shall become members of the Association.

(2) Any person who is aggrieved by the decision of the Committee in refusing to admit him as a member may appeal to the Minister whose decision shall be final.

(3) Where an appeal is made to the Minister pursuant to subsection (2) of this section, the Association shall furnish the Minister with such information as he requires for the purposes of the determination of the appeal. After consideration of the written representations made by the applicant, the Minister may, if he considers that there is insufficient ground for interfering with the decision of the Committee, dismiss the appeal or, if he is of the opinion that the applicant should be admitted as a member, reverse the decision of the Committee and order the Committee to admit the applicant as a member.

(4) The Minister may depute any person or persons by name or the person for the time being discharging an office designated by him to exercise the powers and perform the duties of the Minister under this section subject to such conditions, exceptions and qualifications as the Minister may determine.”.

Amendment of section 10

3. Subsection (2) of section 10 of the principal Act is amended —

(a)	by inserting the word “and” at the end of paragraph (b) thereof;
(b)	by deleting the word “; and” at the end of paragraph (c) thereof and substituting therefor a full-stop; and
(c)	by deleting paragraph (d) thereof.

Amendment of section 13

4. Section 13 of the principal Act is amended by deleting subsections (4) and (5) thereof and substituting therefor the following: —

“(4) The provisions of this section shall not apply to any fund established and maintained by the Association to be used for the purpose of compensating persons who suffer pecuniary loss from any defalcation committed by any member of the Association in the course of or in connection with their business.”.

New sections 15A and 15B

5. The principal Act is amended by inserting, immediately after section 15 thereof, the following sections: —

“Annual report

15A. The Association shall, as soon as practicable after the close of each financial year, submit to the Minister an annual report on the activities of the Association during that year, and the Minister shall cause a copy of such annual report to be presented to Parliament.

Financial provisions

15B. The financial provisions set out in the Schedule to this Act shall have effect with respect to the Association.”.

New Schedule

6. The principal Act is amended by inserting, immediately after section 20 thereof, the following Schedule: —

“THE SCHEDULE

Section 15B.

Accounts to be kept

1. The Association shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Association and over the expenditure incurred by the Association.

Appointment and remuneration of the Auditor

2.—(1) The accounts of the Association shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General (hereinafter in this Schedule referred to as “the Auditor”).

(2) The remuneration of the Auditor shall be paid out of the funds of the Association.

Financial statements

3. The Association shall, as soon as practicable after the close of a financial year, prepare and submit the financial statements in respect of that year to the Auditor who shall audit and report on them.

Duties of Auditor

4.—(1) The Auditor shall report —

(a)	whether the financial statements show fairly the financial transactions and the state of affairs of the Association; and
(b)	such other matters arising from the audit as he considers should be reported.

(2) The Auditor shall state in his report whether —

(a)	proper accounting and other records have been kept; and
(b)	the receipt, expenditure, and investment of moneys and the acquisition and disposal of assets by the Association during the year have been in accordance with the provisions of this Schedule.

(3) The Auditor may at any other time report to the Minister through the Association upon any matter arising out of the performance of his audit.

Powers of Auditor

5.—(1) The Auditor or any person authorised by him is entitled at all reasonable times to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Association.

(2) The Auditor or a person authorised by him may make copies of, or extracts from, any such accounting and other records.

(3) The Auditor or any person authorised by him may require any person to furnish him with such information which such person possesses or has access as the Auditor or any duly authorised person considers necessary for the purposes of the functions of the Auditor under this Schedule.

(4) Any officer of the Association who refuses or fails without any reasonable cause to allow the Auditor access to any accounting and other records of the Association in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars and in the case where the offence is continued after conviction to a fine not exceeding one hundred dollars for every day or part thereof during which the offence is continued.

Presentation of financial statements and audit reports

6.—(1) As soon as the accounts of the Association and the financial statements have been audited in accordance with the provisions of this Schedule, a copy of the audited financial statements signed by the Chairman of the Committee, together with a copy of any report made by the Auditor, shall be submitted to the Minister.

(2) Where the Auditor-General has not been appointed to be the Auditor a copy of the audited financial statements and any report made by the Auditor shall be forwarded to the Auditor-General at the same time as they are submitted to the Association.

(3) The Minister shall cause a copy of the audited financial statements and of the Auditor’s report to be presented to Parliament.”.

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