Commercial And Industrial Security Corporation Bill

Bill No. 17/1972

Read the first time on 7th March 1972.

An Act to establish the Commercial and Industrial Security Corporation and for purposes connected therewith, and to amend the Police Force Act (Chapter 78 of the 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 Commercial and Industrial Security Corporation Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“Chairman” means the Chairman of the Corporation;

“Commissioner” means the Commissioner of Police of Singapore;

“Corporation” means the Commercial and Industrial Security Corporation established under this Act;

“member” means a member of the Corporation and includes the Chairman;

“Minister” means the Minister charged with the responsibility for home affairs.

Establishment of Commercial and Industrial Security Corporation

3. There shall be established a body to be known as the Commercial and Industrial Security Corporation which shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding and disposing of immovable and movable property, of suing and being sued and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.

Members of the Corporation

4.—(1) The Corporation shall consist of a Chairman and such number of other members as the Minister may from time to time appoint:

Provided that the total number of members shall not be less than four nor more than nine.

(2) A member of the Corporation shall hold and vacate office in accordance with the terms of his appointment.

(3) A member of the Corporation may at any time by notice in writing to the Minister resign his office.

(4) If the Minister is satisfied that a member of the Corporation —

(a)	becomes a bankrupt or has made an arrangement with his creditors;
(b)	is incapacitated by physical or mental illness;
(c)	is convicted of an offence involving dishonesty or fraud or moral turpitude;
(d)	is absent, without leave of the Corporation, for three consecutive meetings of the Corporation; or
(e)	is in the opinion of the Minister otherwise unable or unfit to discharge his duties,

the Minister may declare his office as a member to be vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.

(5) A member of the Corporation who ceases to be a member shall be eligible for re-appointment.

(6) The Corporation shall pay to its members such salaries, fees or allowances as the Minister may determine.

Meetings and proceedings of Corporation

5.—(1) At all meetings of the Corporation four members present shall form a quorum.

(2) The Chairman shall preside at all meetings of the Corporation at which he is present.

(3) In the absence of the Chairman at any meeting, the members present shall appoint one of their number to preside at that meeting.

(4) Meetings of the Corporation shall be held at such times and places as the Corporation may determine.

(5) A special meeting of the Corporation may at any time be convened by the Chairman.

(6) All questions arising at any meeting shall be decided by a majority of the votes of the members present and voting.

(7) At any meeting of the Corporation the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(8) The validity of any proceedings of the Corporation shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.

(9) Subject to the provisions of this Act, the Corporation may regulate its own proceedings.

Disclosure of interest by members

6. A member of the Corporation who is in any way directly or indirectly interested in any transaction of the Corporation shall disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation and the member shall not take any part in any deliberation of the Corporation with respect to that transaction.

Functions of the Corporation

7.—(1) The functions of the Corporation shall be —

(a)	to provide guards and escorts for the protection of persons and property;
(b)	to provide such other security services as the Corporation may determine; and
(c)	to co-operate as far as practicable and necessary with the Singapore Police Force in the performance of its functions under this Act.

(2) The Corporation shall have power for the purpose of discharging its functions —

(a)	to carry on all activities, the carrying on of which appears to the Corporation to be necessary, advantageous or convenient for or in connection with the discharge of its functions;
(b)	to enter into any contract;
(c)	to receive, in consideration of the services rendered by it, commissions, fees or payment;
(d)	to generally do all such matters and things as may be incidental to or consequential upon the exercise of the powers or the discharge of its functions under this Act.

Officers and employees

8. The Corporation may —

(a)	appoint such officers and employees as it considers necessary for the purposes of carrying out its functions; and
(b)	determine, with the approval of the Minister, terms and conditions of employment and scales of salaries for such officers and employees.

Appointment of General Manager

9.—(1) The Corporation shall, with the approval of the Minister, appoint an officer as a General Manager who shall, subject to the directions of the Corporation on matters of policy, be charged with the direction of the business of the Corporation, its administration and organisation, and the administrative control of its employees.

(2) In the event of the absence or incapacity of the General Manager, another person may be appointed by the Corporation to discharge his duties during the period of such absence or incapacity.

Preservation of secrecy

10.—(1) Except for the purpose of the performance of his duties or the exercise of his functions or when lawfully required to do so by any court or under the provisions of any written law, no member, officer or employee of the Corporation shall disclose to any person any information relating to the affairs of the Corporation or of any other person which he has acquired in the performance of his duties or the exercise of his functions.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Public servants for purposes of Penal Code

11. The members, officers and employees of the Corporation of every description shall be deemed to be public servants within the meaning of the Penal Code (Cap. 103).

Armed officers and employees

12.—(1) Every officer and employee of the Corporation may, with the approval of the Commissioner, be provided with such staves, arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his duties.

(2) A warrant card shall be issued by the Commissioner to every officer or employee of the Corporation who is authorised to carry arms under this section.

(3) Every such officer or employee shall, until his warrant card is cancelled by the Commissioner, have the same powers and immunities as a police officer.

(4) Section 21 of the Police Force Act (Cap. 78) shall apply, mutatis mutandis, to every such officer or employee in relation to the Corporation as it applies to a police officer in relation to the Government.

Loss of or damage to arms, etc., to be made good

13. If any officer or employee of the Corporation pawns, sells, loses by neglect, makes away with or wilfully or negligently damages any arm, ammunition, accoutrement, uniform or other article supplied to him, or any vehicle or property committed to his charge he shall make good, either partially or wholly as the Corporation may determine, the value of such property or the amount of such loss or damage, as the case may be, and such value or such amount may be recovered from his salary.

Mobilisation

14.—(1) The Commissioner may, with the approval of the Minister, mobilise for active service all or any of the officers and employees of the Corporation to perform either general or special police duties and such service shall continue until an order of demobilisation is made by the Commissioner with the approval of the Minister.

(2) Every person who is mobilised under this section shall assemble at such place and perform such service as the Commissioner or his authorised representative directs.

(3) Every such person shall during the period of his mobilisation have the same powers and duties and the same protection and immunities as a police officer.

(4) Any person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.

Transfer of employees and of rights and liabilities

15. Upon the coming into operation of this Act —

(a)

all such persons as the Minister may decide, who immediately before that date were employed in the Guard and Escort Unit constituted under the Police Force Act shall be deemed to be transferred to the service of the Corporation on terms and conditions not less favourable than those they enjoyed immediately prior to their transfer and such terms shall take into account the salaries and conditions of service including any accrued rights to leave enjoyed by them while in the service of the Government; and

(b)

all rights, liabilities and obligations relating to the Guard and Escort Unit immediately before that date shall become the rights, liabilities and obligations of the Corporation.

Pension schemes, provident fund, etc.

16.—(1) The Corporation may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such officers and employees or classes of officers and employees of the Corporation as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such officers and employees from the service of the Corporation or on their otherwise leaving the service of the Corporation.

(2) The Corporation in making under subsection (1) of this section any pension, provident fund or other superannuation rules which affect any person transferred to the service of the Corporation under section 14 of this Act shall in such rules provide for the payment to such persons or their legal personal representatives or dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which such persons would have been eligible under the Pensions Act (Cap. 55) had they continued in the service of the Government and any such pension, provident fund or superannuation rules relating to length of service of such persons shall provide for the recognition as service under the Corporation of service by them under the Government.

(3) The following provisions shall apply to any scheme established under this section —

(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 Corporation, 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 Corporation or to the Government;
(b)	no donation by the Corporation or contribution by its officers and employees made under any such scheme and no interest thereon 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 Corporation 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. 137);
(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 Corporation;
(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 trustees may be appointed by the High Court;
(h)	the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Corporation, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Corporation for any moneys payable on his death out of any such scheme.

No entitlement in respect of abolition or re-organisation of office

17. Notwithstanding the provisions of the Pensions Act (Cap. 55), no person who is transferred to the service of the Corporation under section 15 of this Act shall be entitled to claim any benefits under that Act on the ground that he has been retired from the service of the Government on account of abolition or re-organisation of office.

Bank accounts

18.—(1) The Corporation may open at any bank or banks approved by the Minister or at any branch or agency of such banks such accounts as it considers necessary or desirable for the exercise of its functions and powers.

(2) Every account under this section shall be operated upon by cheque signed by such person or persons as may from time to time be authorised in that behalf by the Corporation.

Borrowing powers of Corporation

19. The Corporation may borrow, by way of overdraft or otherwise, from the Government or, with the consent of the Minister, from any other person such sums as the Corporation may require for initial expenses and the provision of working capital and generally for meeting its obligations or exercising or performing its functions under this Act.

Investment powers of Corporation

20. Any sums standing to the credit of the Corporation which are not immediately required for the purposes of its business may from time to time be invested in such manner as the Corporation may, with the approval of the Minister, think fit.

Books of accounts

21.—(1) The Corporation shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each accounting year a statement of accounts which shall conform to the best commercial standards.

(2) The accounts of the Corporation shall be audited by auditors appointed by the Corporation.

Annual report

22. As soon as may be after the 1st day of January in every year but not later than the 31st day of March unless expressly authorized in writing by the Minister, the Corporation shall furnish to the Minister a report of its operations in the preceding year and a copy of every such report shall be presented to Parliament.

Rules

23.—(1) The Minister may, after consulting with the Corporation, make such rules as he may consider necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof including without prejudice to the generality of the foregoing, rules for or with respect to —

(a)	the convening of meetings of the Corporation and the procedure to be followed thereat;
(b)	the custody and use of the common seal of the Corporation;
(c)	the manner in which documents and instruments of any description shall be signed or executed on behalf of the Corporation;
(d)	the arms and ammunition to be carried and uniforms to be worn by officers and employees of the Corporation;
(e)	schemes of training for officers and employees of the Corporation;
(f)	appointments and promotions of officers and employees of the Corporation and their discipline and punishment;
(g)	the exercise by the Corporation of its powers under the provisions of this Act.

(2) All rules made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Amendment of Police Force Act

24. The Police Force Act (Cap. 78) is hereby amended —

(a)	by deleting the definition of “guard and escort officer” appearing in section 2 thereof; and
(b)	by repealing Part IX thereof.

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