Tourist Promotion Board (Amendment) Bill

Bill No. 25/1971

Read the first time on 2nd December 1971.
An Act to amend the Tourist Promotion Board Act (Chapter 205 of the 1970 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 Tourist Promotion Board (Amendment) Act, 1971, 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 Tourist Promotion Board Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended —
(a)by inserting immediately before the definition of “Board” appearing therein the following new definition: —
“ “associate member” means an associate member of the Board appointed under section 5A of this Act;”;
(b)by inserting immediately after the definition of “financial year” appearing therein the following new definition: —
“ “member” means a member of the Board appointed under section 5 of this Act;”; and
(c)by deleting the definitions of “tourist food establishment”, “tourist hotel” and “tourist public house” appearing therein.
Amendment of section 5
3.  Subsection (1) of section 5 of the principal Act is hereby deleted and the following substituted therefor: —
(1)  The Board shall consist of —
(a)the Chairman;
(b)the Director of the Board appointed under section 7 of this Act;
(c)two members to be appointed by the Minister from amongst the associate members; and
(d)eight other members to be appointed by the Minister.”.
New section 5A
4.  The principal Act is hereby amended by inserting immediately after section 5 thereof the following new section: —
Associate members
5A.—(1)  The Board may appoint a person carrying on any business in Singapore to be an associate member of the Board.
(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 paragraph (a) of subsection (2) of this section.
(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 the provisions of subsection (4) or (5) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.”.
Amendment of section 15
5.  Section 15 of the principal Act is hereby amended —
(a)by deleting the word “and” appearing at the end of paragraph (l) thereof;
(b)by inserting immediately after paragraph (l) thereof the following new paragraphs: —
(m)with the approval of the Minister, to carry on the business of providing transport facilities for persons visiting a tourist resort;
(n)with the approval of the Minister, to take, or otherwise acquire, and hold shares, debentures or other security in any company carrying on the business of a tourist enterprise, food establishment or public house;
(o)with the approval of the Minister, to invest any money of the Board in any business which will promote or be conducive to the tourist trade in Singapore; and”; and
(c)by re-lettering paragraph (m) as paragraph (p).
New sections 15A, 15B, 15C and 15D
6.  The principal Act is hereby amended by inserting immediately after section 15 thereof the following new sections: —
Limit as to number of licences issued
15A.—(1)  The Board may, with the approval of the Minister, limit the number of licences to be issued annually to persons carrying on tourist agency business under any of the regulations made under paragraph (f) of section 15 of this Act.
(2)  For the purposes of this section, “tourist agency business” means the business of providing all or any of the following services for visitors to Singapore: —
(a)arranging or conducting local sight-seeing tours;
(b)arranging hotel accommodation reservations;
(c)arranging or providing for transportation to the airport, pier or railway station from the place of accommodation for such visitors and vice versa;
(d)any other service incidental to any of the services enumerated above.
Protection of superannuation scheme or fund
15B.  The following provisions shall apply to any scheme established under any of the regulations made under paragraph (l) of section 15 of this Act —
(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. 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 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.
Restriction on the use of the words “travel” and “tourist”
15C.—(1)  No person shall use the word “travel” or “tourist” in any language in any business name except with the permission of the Board.
(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 thereon shall be final.
(4)  Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment, and to a further fine not exceeding five hundred dollars a day for every day during which the offence is continued 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) of this section 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 under this Act and shall be liable on conviction to a fine not exceeding five hundred dollars a day for every day 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.
15D.—(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.
(2)  The permission of the Board shall not be reasonably 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 thereon shall be final.
(4)  Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment and to a further fine not exceeding five hundred dollars a day for every day during which the offence is continued 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) of this section to prohibit him from describing any activity or business as a tourist or travel service, or as a tourist or travel agency.
(6)  Any person to whom a prohibition order is addressed who fails to comply with the prohibition order shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five hundred dollars a day for every day he fails to comply with the order.”.
New sections 19A, 19B and 19C
7.  The principal Act is hereby amended by inserting immediately after section 19 thereof the following new sections: —
Conduct of legal proceedings
19A.  Proceedings in respect of any offence against the provisions of this Act, or of any of the regulations made thereunder, may be conducted by any officer of the Board authorised in writing in that behalf by the Director.
Sanction
19B.  No court shall take cognizance of any offence under this Act or any of the regulations made thereunder except with the sanction of the Public Prosecutor.
Symbol of the Board
19C.—(1)  The Board shall have the exclusive right to the use of the symbol a representation of which is set out in the Schedule to this Act.
(2)  Any person who without the permission of the Board uses the Board’s symbol shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.
(3)  Any person who uses a symbol so nearly resembling the Board’s symbol so as to cause confusion in relation to the Board’s symbol shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.”.
Amendment of section 20
8.  Paragraph (b) of subsection (3) of section 20 of the principal Act is hereby amended by deleting the word “two” appearing in the third line thereof and substituting therefor the word “five”.
New Schedule
9.  The Schedule to the principal Act is hereby repealed and the following substituted therefor: —
THE SCHEDULE
(Section 19C).
”.