National Service (Amendment) Bill

Bill No. 3/1967

Read the first time on 27th February 1967.

An Act to amend the National Service Ordinance, 1952, of Malaysia in its application to Singapore.

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 National Service (Amendment) Act, 1967.

Amendment of section 2

2. Section 2 of the National Service Ordinance, 1952 (Malaysian Ord. 37 of 1952) (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

by inserting immediately before the definition of “civil defence force” in subsection (1) thereof the following new definition: —

“Armed Forces” means any force constituted under the provisions of the Singapore Army Act, 1965 (Act 13 of 1965), and includes the Peoples Defence Force constituted under the provisions of the Peoples Defence Force Act, 1965 (Act 23 Of 1965);

(b)

by inserting immediately after the words “police forces” appearing in the third line of the definition of “national service” in subsection (1) thereof the expression “, service in the vigilante corps”; and

(c)

by deleting the words “and of any proclamation made thereunder” appearing in subsection (2) thereof.

Amendment of section 3

3. Section 3 of the Ordinance is hereby amended —

(a)

by deleting paragraphs (f), (h), (l) And (m) of subsection (1) thereof; and

(a)

by inserting immediately after subsection (3) thereof the following new subsection: —

“(4) if any person who is exempted under this section from liability to register under Part III of this Ordinance thereafter ceases to be so exempted, he shall on such cesser become liable to register for national service under this Ordinance.”.

Repeal of section 4

4. Section 4 of the Ordinance is hereby repealed.

Amendment of section 5

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

“(1) The Minister may, from time to time, by notice in the gazette, require by reference to birth dates falling within a specified period or otherwise, persons or categories of persons who —

(a)	are citizens of Singapore (and ordinarily resident therein); and
(b)	have attained such age not being more than eighteen months below the minimum age for enlistment or enrolment under this ordinance,

to register for national service under this ordinance and for this purpose to present themselves for registration at such place or places, and at such time or times and to such authority as may be specified in the notice.”.

Amendment of Section 6

6. Section 6 of the Ordinance is hereby amended —

(a)	by inserting immediately after the words “police forces” appearing in the third line of subsection (2) thereof the expression “, the vigilante corps”; and
(b)	by deleting the colon appearing at the end of the fifth line of subsection (6) thereof, and substituting therefor a full-stop, and by deleting the proviso thereto.

Amendment of section 7

7. Subsection (1) of section 7 of the Ordinance is hereby amended by deleting the expresion “any proclamation made under section 4” appearing therein and substituting therefor the expression “any notice made by the Minister under section 5”.

Amendment of section 9

8. Subsection (4) of section 9 of the Ordinance is hereby amended by deleting the words “in any armed force or police force or for full-time service in any civil defence force” appearing therein.

Amendment of section 11

9. Section 11 of the Ordinance is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) The proper authority may cause to be served on any person who is liable to be called up for service in the armed forces a notice (hereinafter in this Ordinance referred to as “an enlistment notice”) stating that he is called up for service in such one of the armed forces as may be specified and requiring him to present himself at such place and time (not earlier than the seventh day after the date of the service of the notice) and to such authority as may be so specified and every such notice shall state whether the service required of the person on whom it is served is full-time or part-time service.”;

(b)

by deleting the expression “and the term or period for which he is enlisted in such force shall, notwithstanding anything in any other written law for the time being in force governing service in such force, be deemed to be from the day of such enlistment for a period of two years, or such shorter period as may be specified in the enlistment notice” appearing at the end of subsection (2) thereof; and

(c)

by deleting subsection (6) thereof.

Repeal of Part VA

10. Part VA of the Ordinance is hereby repealed.

Amendment of section 13

11. Section 13 of the Ordinance is hereby amended —

(a)	by deleting the word “written” appearing in the third line of subsection (1) thereof;
(b)	by inserting immediately after the word “specified” appearing at the end of subsection (1) thereof the words “and every such notice shall state whether the service required of the person on whom it is served is full-time or part-time service”;
(c)	by deleting the expression “, and the term or period for which he is enrolled in such force shall, notwithstanding anything in any other written law for the time being in force governing service in such force, be deemed to be from the day of such enrolment for a period of two years, or such shorter period as may be specified in the police enrolment notice” appearing at the end of subsection (2) thereof; and
(d)	by deleting subsection (6) thereof.

New Part VIA

12. The Ordinance is hereby amended by inserting immediately after Part VI thereof the following new Part: —

“PART VIA

Enrolment In The Vigilante Corps

Liability to be called up for service in the vigilante corps

13A. Every person not being less than eighteen years of age who for the time being is liable to register under this Ordinance shall be liable to be called up for service in the vigilante corps.

Calling up for service in the vigilante corps

13B.—(1) The proper authority may cause to be served on any person who is liable to be called up for service in the vigilante corps a notice (hereinafter in this Ordinance referred to as “a vigilante corps enrolment notice”) stating that he is called up for service in the vigilante corps.

(2) Every such notice shall state whether the service required of the person on whom it is served is full-time or part-time service and shall require such person to present himself in accordance with the terms of the notice at such place and time (not earlier than the seventh day after the date of the service of the notice), and to such authority, and for service with such vigilante corps, as may be specified in the notice.

(3) Subject to the following provisions of this ordinance, every person upon whom a vigilante corps enrolment notice is served shall, on the date specified in the notice, present himself to such authority and shall enrol in the vigilante corps therein specified in the manner provided by any written law for the time being in force relating to the vigilante corps, or of any regulations made thereunder, for enrolment in such corps.

(4) Any person who without reasonable excuse fails to comply with the requirements of a vigilante corps enrolment notice served on him under the provisions of this section 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 two thousand dollars or to both such imprisonment and fine.

(5) Where a vigilante corps enrolment notice has been duly served on any person, the proper authority may at any time while that person remains liable to be called up for service in the vigilante corps, cancel the notice and, if he thinks fit cause to be served on him a further enrolment notice.

(6) A vigilante corps enrolment notice served on any person shall cease to have effect if, before the date on which he is thereby required to present himself, he ceases to be liable to be called up for service in the vigilante corps.”.

Amendment of section 14

13. Section 14 of the Ordinance is hereby amended by deleting the words “either for full-time or part-time service in the manner and on the terms provided by this part of this Ordinance” appearing at the end thereof.

Amendment of section 15

14. Section 15 of the Ordinance is hereby amended —

(a)

by deleting the expression “, and the term or period for which he is enrolled in any such force, shall notwithstanding anything in such written law or any regulations made thereunder governing service in such force, be deemed in the case of full-time service to be for a period of two years, or such shorter period as may be specified in the enrolment notice” appearing at the end of subsection (3) thereof; and

(b)

by deleting subsection (7) thereof.

New Parts VIIA and VIIB

15. The Ordinance is hereby amended by inserting immediately after Part VII thereof the following new Parts: —

“PART VIIA

National Service Reserve

Raising of national service reserve

16A. There shall be raised and maintained in singapore, in so far as moneys provided for that purpose may permit, a national service reserve.

Service In The National Service Reserve

16B.—(1) Subject to the following provisions of this part any person who has completed the period of full-time service for which he was required to serve (hereinafter in this part referred to as “the period of full-time service”), shall be transferred to the national service reserve and shall serve therein for a period of ten years starting with the day following that on which he completed his period of full-time service or until attaining the age of forty years whichever is the later.

(2) Any person called up for part-time service under the provisions of this Ordinance who has had his period of service shortened under the provisions of paragraph (c) of subsection (1) of section 16K of this Ordinance shall be transferred to the national service reserve and shall serve therein for the remainder of such period.

National service reserve may be recalled by notice

16C.—(1) Any person transferred to the national service reserve under section 16B of this ordinance may be recalled for full-time service by notice served on him by the proper authority.

(2) Such notice may be a specific notice directed to the person being recalled or a general notice directed to a category or categories of persons recalled.

(3) Every person recalled under subsection (1) of this section shall report for service at such time and place as the proper authority may specify in the notice.

(4) Any person in the national service reserve upon being recalled for full-time service by notice under this section shall, if he fails without any reasonable excuse to report in accordance with the provisions of subsection (3) of this section, 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 two thousand dollars or to both such imprisonment and fine.

Retention of national servicemen in full-time service

16D. Where the proper authority has issued any notice under the provisions of section 16C of this Ordinance he may order that any person who would otherwise fall to be transferred to the national service reserve on completion of his period of full-time service shall continue in full-time service.

Service required of national service reservists recalled or retained for full-time service

16E.—(1) Subject to the provisions of this section a person who is recalled for or retained in full-time service by virtue of section 16C or 16D of this Ordinance shall be liable to serve in full-time service until his services are no longer required.

(2) No person shall be detained in full-time service by virtue of this section later than the expiration of twelve months after the date on which apart from this section he would fall to be discharged from the national service reserve.

Liability of national service reservists for training

16F.—(1) During the period of his service in the national service reserve a person may be called out for training for any periods not exceeding in the aggregate forty days in any year of that service.

(2) The proper authority may serve or cause to be served upon any person in the national service reserve a training notice which shall state that he is called out for training and the period for which he is called out and shall require him to present himself at such time and place on such day (not earlier than the fourteenth day after the date of the service of the notice), and to such authority, as may be specified in the notice.

(3) Where a training notice has been served on any person, the proper authority may at any time before the date on which he is thereby required to present himself cause to be served on him a supplementary notice varying the training notice by altering the place or time at which, but not the date on which, he is thereby required to present himself.

(4) Every training notice served otherwise than by registered post shall require the person upon whom it is served to acknowledge receipt thereof within such time as may be specified in the requirement; and if acknowledgment is not received the proper authority may cause a further training notice to be served on him by registered post and may by that notice direct that the former notice shall be deemed never to have had effect.

(5) If at any time during a person’s period of service in the national service reserve any change occurs in his name or address, he shall forthwith notify the change to such person and in such manner as may be prescribed; and if he fails to do so he shall be guilty of an offence under this Ordinance.

Attachment of national service reservists to armed forces during training

16G. A person in the national service reserve may during any period of training for which he is called out under the provisions of section 16G of this Ordinance be attached to and trained with any body of the armed forces.

Application of sections 20 and 21 in respect of national service reservists

16H. The provisions of sections 20 and 21 of this Ordinance shall apply in respect of any person in the national service reserve as they apply in respect of any person called out or liable to be called out for full-time service under the provisions of this Ordinance.

Exemptions from service in the national service reserve

16I. It shall be lawful for the proper authority to grant exemption to any person from the provisions of section 16B of this Ordinance or to shorten the period of service in the national service reserve of any person if it appears necessary or expedient to that authority so to do.

Punishment for inducing a national service reservist to desert or absent himself

16J.—(1) Any person who by any means whatsoever —

(a)	procures or persuades any person in the national service reserve to desert or attempts to procure or persuade any such person to desert;
(b)	knowing that a person as aforesaid is about to desert, aids or assists him in so doing; or
(c)	knowing any such person to be a deserter, conceals such person or aids or assists him in concealing himself, or aids or assists him in his rescue,

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 two thousand dollars or to both such imprisonment and fine.

(2) Subsection (1) of this section shall apply to absence without leave and absentees without leave as it applies to desertion and deserters, but with the substitution for the reference to such imprisonment or fine as is therein specified of a reference to a fine not exceeding one thousand dollars.

PART VIIB

Term Or Period Of Service

Term or period of service of person called up for national service

16K.—(1) A person who is called up for national service in accordance with the provisions of this Ordinance shall be liable to render —

(a)	two years’ full-time service;
(b)	twelve years’ part-time service or until attaining the age of forty years whichever is the later; or
(c)	such shorter period as may be determined by the proper authority.

(2) A person who has been called up for part-time service shall be liable for up to eight hours basic training a week and one week-end full-time in-camp training a month for the first six months to be followed by up to three hours duty per week thereafter including one week full-time in-camp training each year.

(3) The proper authority may direct that a person who has been called up for national service be transferred from one form of service to another and such transfer shall not cause any loss of service.”.

Amendment of section 17

16. Section 17 of the Ordinance is hereby amended —

(a)	by inserting immediately after the words “police forces” appearing in the fifth line of subsection (1) thereof the expression “, the vigilante corps”;
(b)	by deleting paragraph (d) of subsection (4) thereof; and
(c)	by deleting the words “twenty-eight days before the expiration of the period for which that certificate was granted or last renewed” appearing at the end of subsection (5) thereof and substituting therefor the words “fourteen days before the expiration of the date specified by the proper authority in the certificate as the date by which such application for renewal for postponement shall be made”.

Amendment of section 18

17. Section 18 of the Ordinance is hereby amended by inserting immediately after the words “a police enrolment notice” appearing in the third line thereof the expression “, a vigilante corps enrolment notice”.

Amendment of section 20

18. Section 20 of the Ordinance is hereby amended —

(a)	by deleting the words “a fine not exceeding two thousand dollars” appearing in subsection (1) thereof and substituting therefor the words “imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine”; and
(b)	by inserting immediately after the words “police force” appearing in subsection (5) thereof the expression “, the vigilante corps”.

Amendment of section 21

19. Section 21 of the Ordinance is hereby amended —

(a)	by deleting the words “a fine not exceeding two thousand dollars” appearing in subsection (1) thereof and substituting therefor the words “imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine” and
(b)	by inserting immediately after the words “police force” appearing in subsection (3) thereof the expression “, the vigilante corps”.

New section 21A

20. The Ordinance is hereby amended by inserting immediately after section 21 thereof the following new section: —

“Liability of employer

21A.—(1) The employer of any person placed in the national service reserve under the provisions of this Ordinance shall, when such person is called up for training, grant leave to such person up to a maximum of forty days a year, and shall be liable to pay to such person any loss of emoluments (not exceeding the difference between his civilian and service emoluments) incurred by him as a result of his being called up for training.

(2) The employer of any person called up for part-time service under the provisions of this Ordinance shall grant to such person sufficient time off from work on the days he has to undergo trading or perform his weekly duty and shall also grant him paid leave up to a maximum of one week each year for the purpose of in-camp training.

(3) If any employer does not comply with the provisions of this section he 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 two thousand dollars or to both such imprisonment and fine.”.

Repeal and re-enactment of section 23

21. Section 23 of the Ordinance is hereby repealed and the following substituted therefor: —

“Service of documents

23. Any order, notice or other document to be served on any person for the purpose of any of the provisions of this Ordinance may be served —

(a)

by being delivered personally to the person to whom it is addressed;

(b)

by sending it by post to such person at his last known address;

(c)

by affixing it or a copy thereof to some conspicuous part of the premises at his last known address;

(d)

by public announcement over radio and television;

(e)

by announcement in the daily press;

(f)

by notice published in the Gazette; or

(g)

by notice displayed at some public place:

Provided that where any document has been sent to any person by post, service on him shall not be deemed to have been duly effected unless it is proved either that he received such document or that it was sent by registered post addressed to him at his last known address.”.

Amendment of section 26

22. Subsection (1) of section 26 of the Ordinance is hereby amended by inserting immediately after the words “police forces” appearing therein the expression “, vigilante corps”.

Amendment of section 28

23. Subsection (1) of section 28 of the Ordinance is hereby deleted and the following substituted therefor: —

“(1) Any person on whom an enlistment notice has been served under the provisions of this Ordinance shall be deemed to have been called out under the provisions of any written law for the time being in force relating to the armed forces, and if he fails to comply with such enlistment notice may for the purpose of such written law be deemed to be a deserter, and any person failing to comply with a police enrolment notice, a vigilante corps enrolment notice or an enrolment notice shall be deemed to be absent without leave according to the provisions of the written law governing the police force, the vigilante corps or the civil defence force, as the case may be, notwithstanding that he has not been previously at the place where his duty requires him to be.”.

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