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Mutual Benefit Organisations (Amendment) Bill

Bill No. 2/1974

Read the first time on 4th March 1974.

An Act to amend the Mutual Benefit Organisations Act (Chapter 254 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 Mutual Benefit Organisations (Amendment) Act, 1974, 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 Mutual Benefit Organisations Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after the definition of “ “mutual benefit organisation” or “organisation” ” appearing therein the following new definition: —

“ “officer” means the president, the secertary and members of a committee of an organisation and includes persons holding positions analogous to those of president, secretary or member of a committee.”.

Repeal and re-enactment of sections 5, 6 and 7

3. Sections 5, 6 and 7 of the principal Act are hereby repealed and the following substituted therefor: —

“Registration and issue of certificate of registration

5.—(1) Subject to the provisions of this Act, the Registrar shall, upon an application being made therefor by a mutual benefit organisation and on payment of the prescribed fee, register the organisation with or without conditions.

(2) Upon registering an organisation under subsection (1) of this section, the Registrar shall issue to that organisation a certificate of registration.

(3) The certificate of registration referred to in subsection (2) of this section shall be conclusive evidence that the organisation mentioned therein is duly registered, unless it is proved that the registration of the organisation has been suspended or cancelled.

(4) Where the organisation is registered under subsection (1) of this section subject to conditions, the organisation shall comply with those conditions.

(5) The Registrar may at any time vary or revoke any of the conditions imposed under subsection (1) of this section or impose conditions or additional conditions in respect of the registration of an organisation.

Refusal to register mutual benefit organisation

6.—(1) The Registrar shall refuse to register a mutual benefit organisation if he is satisfied that —

(a)	the rules of the organisation are insufficient to provide for its proper management and control;
(b)	the organisation is likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore;
(c)	any officer or person managing or assisting in the management of the organisation is not of good character;
(d)	the scheme for the relief or maintenance of the members thereof or subscribers thereto as provided for in the rules and objects of the organisation is undesirable and not in the interest of the members or subscribers;
(e)	the total number of members thereof or subscribers thereto is less than fifty;
(f)	the application for registration does not comply with the provisions of this Act or any rules made thereunder;
(g)	the rules and objects of the organisation are contrary to the provisions of this Act or any regulations made thereunder;
(h)	it would be contrary to the public interest for the organisation to be registered.

(2) The Registrar may refuse to register a mutual benefit organisation if —

(a)

it appears to him that the name under which the organisation is to be registered is —

(i)	identical with or so nearly resembles that of any other existing organisation as is likely to deceive the members of the public as to its nature or identity; or
(ii)	likely to mislead members of the public as to the true character and purpose of the organisation; or

(b)

no satisfactory evidence has been produced of the good character of the officers or persons managing or assisting in the management of the organisation.

Appeal from refusal to register

7. Any person who is aggrieved by a decision of the Registrar under subsection (1) or (5) of section 5 or section 6 of this Act may, within one month of being notified of the decision of the Registrar, appeal against his decision to the Minister whose decision thereon shall be final.”.

New section 11A

4. The principal Act is hereby amended by inserting immediately after section 11 thereof the following new section: —

“Persons prohibited from acting as officers of an organisation

11A.—(1) No person shall act as an officer of a mutual benefit organisation or manage or assist in the management of such organisation if —

(a)	he has been convicted of any offence involving dishonesty or moral turpitude and has not received a free pardon; or
(b)	he has been convicted of any other offence and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon, unless the written permission of the Minister so to act is first obtained.

(2) Any person who contravenes or fails to comply with any of the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”.

Amendment of section 27

5. Subsection (1) of section 27 of the principal Act is hereby deleted and the following substituted therefor: —

“(1) The Registrar may cancel the registration of a mutual benefit organisation —

(a)

if he is satisfied that —

(i)	any misrepresentation, whether innocent or otherwise, has been made or there has been a failure to disclose any fact, at the time of the application for registration of the organisation, and such misrepresentation or non-disclosure would have influenced the decision of the Registrar to register or refuse to register the organisation;
(ii)	the organisation is being used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore;
(iii)	the organisation is being used for purposes incompatible with its objects or rules;
(iv)	the rules of the organisation are or have been inadequate for its proper management and control and the registered organisation has failed without reasonable excuse to amend its rules within three months of, and in accordance with, a direction from the Registrar to amend its rules for those purposes;
(v)	any officer or person managing or assisting in the management of the organisation is not of good character and such organisation has failed without reasonable excuse to remove such officer or person within three months of, and in accordance with, a direction from the Registrar to remove such officer or person from the organisation;
(vi)	the number of members of the organisation is less than fifty; or
(vii)	the organisation is contravening or has contravened any of the provisions of this Act or any rules made thereunder;

(b)

at the request of the organisation; or

(c)

if he considers it in the public interest to do so.”.

Amendment of section 45

6. Section 45 of the principal Act is hereby amended —

(a)

by renumbering the section as subsection (1); and

(b)

by inserting immediately thereafter the following new subsection: —

“(2) The Minister may exempt any organisation, person or class of persons from any or all of the provisions of this Act.”.