Martial Arts Instruction Bill |
Bill No. 3/1974
Read the first time on 4th March 1974. |
An Act to provide for the registration and control of martial art associations and instructors and trainees in martial arts and for matters connected therewith. |
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 Martial Arts Instruction Act, 1974, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. |
Interpretation |
Appointment of Controller and Assistant Controllers of Martial Arts |
3.—(1) For the purposes of this Act, the Minister may appoint a Controller of Martial Arts and such number of Assistant Controllers of Martial Arts as he may consider necessary for the purposes of this Act.
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Registration of a martial art association and refusal to register |
4.—(1) Subject to the provisions of this section the Controller shall, upon application by a martial art association and on payment of the prescribed fee, register the association.
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Unlawful martial art association |
5.—(1) Every martial art association, not being registered under this Act, shall be deemed to be an unlawful martial art association.
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Presumptive proof of existence of a martial art association |
6.—(1) In any prosecution for an offence under this Act where it is proved that a club, company, association, society or firm exists —
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Presumptive proof of membership, partnership, etc., of a martial art association |
7.—(1) Where any books, accounts, writings, seals, banners or insignia of or relating to or purporting to relate to a martial art association are found in the possession of a person it shall be presumed, until the contrary is proved, that the person is an officer or employee or a member of the association, and the association shall be presumed, until the contrary is proved, to be in existence at the time the books, accounts, writings, seals, banners or insignia are so found.
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Branch of a registered martial art association |
8. Every registered martial art association which establishes a branch for the main or ancillary purpose of providing instruction in any form of martial art at such branch shall inform the Controller, in writing, of the address of the branch and of every change therein. |
Change of name or place of business or place of instruction of a registered martial art association |
9.—(1) No registered martial art association shall change its name or place of business or any place of instruction provided by the association without the prior approval in writing of the Controller.
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Registered place of business |
10. Every registered martial art association shall have a registered place of business to which all communications and notices may be addressed and shall inform the Controller, in writing, of the address of that place. |
Information to be furnished by a registered martial art association |
11.—(1) The Controller may at any time by notice under his hand order a registered martial art association to furnish him with such information as he may require concerning the provision of instruction in any form of martial art at a place of instruction provided by the association or with any document, account or book of the association relating thereto.
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Persons responsible for complying with sections 8, 10 and 11 |
12.—(1) The obligations imposed upon a registered martial art association by sections 8, 10 and 11 shall be binding upon every officer thereof, and upon every person managing or assisting in the management of such association.
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Cessation of existence of a registered martial art association |
13.—(1) If the Controller has reason to believe that any registered martial art association has ceased to exist, he may publish in the Gazette a notification calling upon the association to furnish him with proof of its existence within three months from the date of the notification. A copy of the notification shall be sent by registered post to the place of business of the association.
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Voluntary dissolution of a registered martial art association |
14.—(1) Any registered martial art association which proposes to dissolve itself voluntarily in accordance with its rules and objects or any other written law shall inform the Controller in writing, and a certificate of dissolution signed by the president, secretary and treasurer or the officers of the association holding analogous positions, shall be sent to the Controller within one week of the association’s dissolution.
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Penalty for inciting, etc., a person to become a member of an unlawful martial art association |
15.—(1) A person who incites, induces or invites another person to become a member of, or to assist in the management of, an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
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Penalty for procuring subscription or aid for an unlawful martial art association |
16. A person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. |
Publishing etc., propaganda of an unlawful martial art association |
17. A person who prints, publishes, displays, sells or exposes for sale, or transmits through the post or who, without lawful authority or excuse, has in his possession any book, placard, newspaper, periodical, pamphlet, poster, proclamation, circular, pictorial representation, letter or any other document or writing whatsoever which is issued or appears to be issued by or on behalf of or in the interests of an unlawful martial art association shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment; and any such book, placard, newspaper, periodical, pamphlet, poster, proclamation, circular, pictorial representation, letter or any other document or writing in respect of which the person is convicted shall be forfeited. |
Martial art association using a triad ritual to be deemed an unlawful martial art association |
18.—(1) Every martial art association, whether it is registered or not, which uses a triad ritual shall be deemed to be an unlawful martial art association.
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Persons who shall not act as officers of a registered martial art association |
19.—(1) The Controller may, in writing, declare any person to be unfit to act as an officer of a registered martial art association —
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Minister may order cancellation of registration of a martial art association |
20.—(1) Whenever it appears to the Minister that —
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No person to act as instructor without a certificate |
21.—(1) No person, except an instructor who is in possession of an instructor’s certificate issued under section 25, shall instruct any person in any form of martial art.
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Application for registration as a trainee |
22.—(1) No person shall receive instruction in any form of martial art from an instructor unless such person is registered as a trainee under this Act.
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Penalty for furnishing false particulars in an application for registration as trainee |
23. A person who —
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Power of Controller to revoke, cancel or suspend registration of a trainee |
24.—(1) The Controller may revoke, cancel or suspend the registration of a trainee —
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Application for an instructor’s certificate |
25.—(1) A person who desires to be an instructor in any martial art shall apply in writing to the Controller for an instructor’s certificate.
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Power of Controller to revoke, cancel or suspend an instructor’s certificate |
26.—(1) The Controller may revoke, cancel or suspend an instructor’s certificate —
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Effect of revocation, cancellation or suspension of certificate |
27. Where an order of revocation, cancellation or suspension becomes effective under section 26 —
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Exhibition of certificate |
28. An instructor’s certificate or a certified copy thereof shall, so long as it remains valid, be exhibited by the instructor to whom such a certificate has been issued in a conspicuous position at every place of instruction at which he instructs any other person in any form of martial art. |
Instructor to notify change of place of instruction |
29. No instructor shall without the written consent of the Controller change any place of instruction at which he instructs any other person in any form of martial art. |
Penalty for furnishing false particulars or instructing martial art to person not registered under this Act |
30. A person who —
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Powers of search and arrest |
31.—(1) The Controller or a police officer may without warrant and with or without assistance enter by force, if necessary, and search any place or premises or person found thereat if he has reason to believe that any evidence of the commission of an offence under this Act or any regulations made thereunder is likely to be found on such place or premises or person and may seize any evidence so found.
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Powers of the Controller |
32.—(1) The Controller shall, for the purposes of this Act, have power —
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Obstruction of search, etc. |
33. A person who —
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Exemption |
34. Notwithstanding the provisions of this Act, the Minister may exempt any organisation, person or class of persons from any or all of the provisions of this Act. |
Operation of Act not to affect other written law |
35.—(1) The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law.
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General penalty |
36. A person who contravenes or fails to comply with any of the provisions of this Act or any regulations made thereunder for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars. |
Indemnity |
37. The Government and every statutory body, including an officer or employee of the Government or the statutory body, and the Controller shall not be liable to any person in respect of any act done or decision made in good faith in the course of administering this Act. |
Consent of Public Prosecutor |
38. No prosecution in respect of an offence under this Act or any regulations made thereunder shall be instituted except by or with the consent of the Public Prosecutor. |
Regulations |
39.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act and for prescribing any matter which is authorised or required under this Act to be so prescribed.
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Application of this Act |
40. Where a person would, but for this section, be liable to a penalty for not being the holder of an instructor’s certificate or for not being registered as a trainee under this Act, he shall not be so liable —
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Transitional provisions |
41.—(1) Notwithstanding anything in this Act, any association, club, society, company or firm which immediately before the date of commencement of this Act was a martial art association and is not disqualified from being registered under this Act if an application was made in respect thereof, may continue to be the same without being so registered —
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