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Singapore Family Planning and Population Board Bill

Bill No. 68/1965

Read the first time on 20th December 1965.

An Act to create a statutory authority to be the sole agency for promoting and disseminating information pertaining to family planning in Singapore, and for matters incidental thereto.

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 Singapore Family Planning and Population Board Act, 1965, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, “the Board” means the Singapore Family Planning and Population Board constituted under section 3.

Establishment and incorporation of the Board

3. There shall be constituted in Singapore a body to be known as “the Singapore Family Planning and Population Board”, which shall be a body corporate and shall have perpetual succession and a common seal. The Board may sue and be sued in its said name and perform such other acts as bodies corporate may by law perform.

Composition of the Board

4.—(1) The Board shall consist of —

(a)	the Deputy Director of Medical Services (Health), as Chairman;
(b)	the Medical Superintendent, Kandang Kerbau Maternity Hospital;
(c)	the Senior Obstetrician and Gynæcologist, Kandang Kerbau Maternity Hospital;
(d)	the Senior Health Officer (Maternal and Child Health);
(e)	the Senior Health Officer (Training and Health Education);
(f)	the Deputy Chief Statistician, Statistics Department;
(g)	the Assistant Director of Social Welfare (Public Assistance), Social Welfare Department;
(h)	two members to be appointed by the Minister who shall be persons on the academic staff of the University of Singapore; and
(i)	not more than six other persons to be appointed by the Minister.

(2) All letters of appointment of the members of the Board under paragraph (h) and (i) of subsection (1) shall issue from the Minister.

(3) The Minister may appoint a public officer to be the Secretary of the Board.

(4) The Chairman shall preside at all meetings of the Board and shall have the right to vote on any question coming before or arising at any meeting of the Board; in the absence of the Chairman, such member, as the members present may select, shall act as Chairman.

(5) The members of the Board appointed by the Minister under the provisions of paragraphs (h) and (i) of subsection (1) shall, unless an appointment is revoked by the Minister under the provisions of subsection (6) or unless they resign during their period of office, hold office for a term of three years or for such shorter period as the Minister may in any case determine.

(6) The Minister may at any time revoke the appointment of any member of the Board appointed under paragraphs (h) and (i) of subsection (1).

(7) If a vacancy occurs in the membership of the Board by death, resignation, revocation of the appointment under subsection (6) or for any other cause, the Minister shall appoint a person to fill the vacancy in the manner prescribed under subsection (1) and any person so appointed shall hold office so long as the member in whose place he is appointed would have held office.

(8) The members of the Board may be paid out of the funds of the Board such salaries, fees or allowances as the Minister may determine.

(9) The quorum at all meetings of the Board shall be six members present and no business shall be transacted unless a quorum is present.

(10) All questions coming before or arising at any meeting of the Board shall be decided by a majority of the members present and voting thereon at that meeting of the Board, and in case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

(11) The Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy or vacancies in its membership.

(12) The Minister may, by notification in the Gazette, vary the composition of the Board or the number of its members and provide in what manner additional members, if any, shall be appointed.

Disclosure of interest

5.—(1) If any member of the Board is directly or indirectly interested in any contract, proposed contract, or other matter and is present at a meeting of the Board, or any committee thereof, at which the contract or other matter is the subject of consideration, he shall, at the meeting and as soon as practicable after the commencement thereof disclose the fact, and shall not thereafter be present during the consideration or discussion of, and shall not vote on any question with respect to, that contract or other matter.

(2) The provisions of subsection (1) shall also apply to any member of a committee appointed in accordance with paragraph (a) of subsection (2) of section 13 when such member is present at a meeting of any committee.

Appointment of officers and servants

6.—(1) The Board may from time to time appoint and employ such officers and servants as may be necessary for the purposes of this Act and may from time to time dismiss them.

(2) All officers and servants of the Board shall be under the administrative control of the Board.

Ineligibility for employment as officers of the Board

7.—(1) No person shall be eligible for employment as an officer or servant of the Board who has, directly or indirectly, by himself or as partner, any share or interest in any contract with, for or on behalf of the Board.

(2) Any officer or servant of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

Public servants

8. The members of the Board and the employees thereof of every description shall be deemed to be public servants within the meaning of the Penal Code (Cap. 119).

Directions by the Minister

9.—(1) The Minister may, after consultation with the Board or otherwise, give the Board such directions, not inconsistent with the provisions of this Act, as he may deem fit, as to the exercise and performance by the Board of its powers, duties and functions under this Act, and the Board shall give effect to all such directions.

(2) The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Payments to the Board

10. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may, from time to time, authorise the payment to the Board of such sums as he may determine.

Person, body or association carrying out family planning work to be registered

11.—(1) The Board shall, for the purposes of carrying out the provisions of this Act, maintain a register setting out the names, and such other particulars as it may determine, of persons who, and bodies and associations which —

(a)	promote or disseminate information pertaining to family planning; or
(b)	sell or distribute any medicine, preparation or article for such purpose; or
(c)	perform both the functions specified in paragraphs (a) and (b).

(2) Any person who, or any body or association which, promotes or disseminates information pertaining to family planning or sells or distributes any medicine, preparation or article for the purpose thereof shall apply to the Board to be registered in accordance with the provisions of subsection (1).

(3) Upon receiving an application under the provisions of subsection (2), the Board may in its discretion register such person, body or association, with such conditions as may be imposed for carrying out the purposes of this Act, or without conditions.

(4) The Board may, at any time, vary or revoke any existing conditions or impose new or additional conditions:

Provided that any variation of existing conditions or imposition of new or additional conditions shall not have retrospective effect.

(5) The Board may in its discretion at any time cancel or suspend the registration of any person, body or association without assigning any reason therefor.

(6) The Board shall decide any question that may arise as to whether or not any person, body or association is liable to registration under this section.

(7) Any person who, or any body or association which, is aggrieved by any decision of the Board under subsection (3), (4), (5) or (6) may appeal to the Minister whose decision thereon shall be final and shall not be called into question in any court.

(8) The provisions of this section shall not apply to a medical practitioner registered under the Medical Registration Ordinance (Cap. 191) or to any pharmacist registered under the provisions of the Registration of Pharmacists Ordinance (Cap. 198).

(9) The Minister may, by notification published in the Gazette, exempt any person, class of persons, body or association from any or all of the provisions of this Act or of any regulations made thereunder.

Vesting of the assets and property in the Board

12.—(1) The Minister may, by order published in the Gazette, provide for the Board to take over the functions pertaining to family planning and the assets and property of any body or association which is —

(a)	registered under the provisions of subsection (3) of section 11;
(b)	required to be registered under subsection (2) of section 11 but is not so registered.

(2) All the assets and property of any body or association in respect of which an order has been made under subsection (1) shall, upon the coming into operation of the order, vest in the Board without further assurance and freed and discharged from all trusts whatsoever, but subject nevertheless to the provisions of this Act.

(3) Any existing trustees of the body or association on the date of the coming into operation of the order made under subsection (1) shall be released and discharged from any duties or responsibilities under any trust which may have existed immediately prior to the coming into operation of such order.

Functions and duties of the Board

13.—(1) It shall be the function and duty of the Board —

(a)	to act as the sole agency for the promotion and dissemination of information pertaining to family planning in Singapore;
(b)	to initiate and undertake population control programmes;
(c)	to stimulate interest in demography in Singapore; and
(d)	to advise the Government on all matters relating to family planning and population control.

(2) For the purposes of subsection (1), the Board may —

(a)	appoint committees consisting of persons who may or may not be members of the Board and allocate duties to and regulate the exercise of executive power by such committees and of the officers of the Board;
(b)	enter into contracts, establish trusts and generally regulate the transactions of all business connected with the Board;
(c)	organise courses on family planning and population control programmes;
(d)	with the approval of the Minister, manage or run such institutions and clinics as the Board may consider necessary for the purpose of fulfilling the objects of this Act;
(e)	receive contributions from Government and from other sources and raise funds by all lawful means to carry out the purposes of this Act and monies so received or raised shall be administered in accordance with the provisions of this Act;
(f)	with the approval of the Minister, acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and sell, convey, assign, surrender and yield up, mortgage, demise, re-assign, transfer or otherwise dispose of any movable and immovable property vested in the Board upon such terms as the Board deems fit;
(g)	with the approval of the Minister, assist other bodies to promote an interest in demography in Singapore by making grants or otherwise;
(h)	initiate, undertake or assist in research in demography in Singapore;
(i)	give directions for the purpose of the better carrying out of the provisions of this Act, to any person, body or association registered under the provisions of this Act;
(j)	publish works concerning family planning and demography in Singapore and act as a clearing house for matters pertaining to family planning;
(k)	award certificates of proficiency to persons who attend any of the courses organised by the Board, after tests approved by the Board; and
(l)	generally to do all such matters and things as may be incidental to, or consequential upon, the exercise of its powers for the discharge of its duties under this Act.

Execution of documents

14. All deeds, documents or other instruments requiring the seal of the Board shall be sealed with the common seal of the Board in the presence of the Chairman and one other member of the Board, who shall sign every such deed, document or other instrument to which the common seal is affixed and such signing shall be sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Board.

Accounts and audit

15.—(1) The Board shall keep proper accounts and other records of the Board and shall prepare in respect of each financial year a statement of accounts.

(2) The accounts of the Board shall be audited by such auditors appointed annually by the Board as are approved by the Minister.

(3) So soon as the accounts of the Board have been audited in accordance with the provisions of subsection (2), a copy of the statement of accounts together with a copy of any report made by the auditors shall be submitted to the Minister, who shall present to Parliament a copy of every such statement of accounts and of any report made by the auditors.

Annual report

16. The Board shall, as soon as possible after the close of each year, submit to the Minister an annual report on the activities of the Board during that year, and the Minister shall present a copy of every such report to Parliament.

Offences and penalties

17.—(1) Any person who fails to —

(a)	comply with the provisions of subsection (2) of section 11;
(b)	comply with any condition imposed under subsection (3) or (4) of section 11; or
(c)	carry out the directions of the Board made under paragraph (i) of subsection (2) of section 13,

shall be guilty of an offence under this Act 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.

(2) Where any body or association fails to —

(a)

comply with the provisions of subsection (2) of section 11;

(b)

comply with any condition imposed under subsection (3) or (4) of section 11; or

(c)

carry out the directions of the Board made under paragraph (i) of subsection (2) of section 13 —

(i)	the President, Secretary and all members of the committee of such body or association or, if such officers do not exist, all persons holding positions in such body or association analogous to those of President, Secretary and members of the committee; and
(ii)	all persons managing or assisting in the management of such body or association,

shall be deemed to be guilty of an offence under this Act 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.

Regulations

18.—(1) The Board may, with the prior approval of the Minister, make regulations generally for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing, the Board may by such regulations provide for —

(a)	the convening of all meetings of the Board and the procedure to be followed thereat; and
(b)	the appointment or establishment of committees of the members of the Board, and the co-opting of persons other than members of the Board to such committees.

(3) Such regulations may —

(a)	prescribe that any act or omission in contravention of the provisions of any regulation shall be an offence;
(b)	provide for the imposition of penalties, which shall not exceed imprisonment for a term of six months or to a fine of five hundred dollars or to both such imprisonment and fine; and
(c)	provide that in addition to such imprisonment and fine, the penalty may extend to cancellation or suspension of the registration of any person, body or association under the provisions of this Act.

Forms

19. For the purposes of this Act, the Board may devise and use such forms as it may consider necessary.