Enlistment (Amendment) Bill

Bill No. 7/1978

Read the first time on 17th February 1978.

An Act to amend the Enlistment Act (Chapter 229 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 Enlistment (Amendment) Act, 1978, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Repeal and re-enactment of section 12

2. Section 12 of the Enlistment Act (hereinafter in this Act referred to as “the principal Act”) is hereby repealed and the following substituted therefor: —

“Liability to render full-time service

12.—(1) Every person subject to this Act who is fit for national service and enlisted on or after the 1st day of January 1971, shall be liable to render full-time service for a period not exceeding two years except that where a person —

(a)	is during the period of service promoted to a rank above the rank of Lance-Corporal in the Singapore Armed Forces or, where such service is in any of the other armed forces or in a force, body or organisation, which is designated by the Minister for the purposes of national service, to such rank as may be regarded by the proper authority as equal to a rank above the rank of Lance-Corporal in the Singapore Armed Forces; or
(b)	holds, during the period of service in a force, body or organisation which is designated by the Minister for the purposes of national service and in which there is no classification of the members of the force, body or organisation into ranks similar to those in any of the armed forces, such position or has, during the period of service in such force, body or organisation, such status as may be regarded by the proper authority as equal to the position or status, as the case may be, of a national serviceman in the Singapore Armed Forces who holds a rank above the rank of Lance-Corporal in the Singapore Armed Forces; or
(c)	is, during the period of service selected by the proper authority for officer training in the Singapore Armed Forces or, where such service is in any of the other armed forces or in a force, body or organisation which is designated by the Minister for the purposes of national service, is selected for training or a course intended to qualify him for such rank, position or status as may be regarded by the proper authority as equal to the rank, position or status, as the case may be, of an officer in the Singapore Armed Forces; or
(d)	having been so selected, is currently undergoing such officer training or other training or attending the course, such person shall be liable to serve for a period not exceeding two years and six months.

(2) A reduction or reversion in rank, or the loss of a position or status, referred to in subsection (1) of this section, shall not affect the liability of a person incurred under that subsection.

(3) Nothing in this section shall affect the liability to render full-time service of a person enlisted prior to the 1st day of January 1971.”.

Amendment of section 21

3. Section 21 of the principal Act is hereby amended —

(a)

by inserting immediately after subsection (1) thereof the following subsection: —

“(2) The provisions of subsection (1) of this section shall not apply to an employer if the person whom he has had in his employment was called up for full-time service and would have remained in that employment only for an agreed definite or certain period of time had that person not been ordered to perform full-time service.”; and

(b)

by renumbering the existing subsections (2) and (3) thereof as subsections (3) and (4) respectively.

Amendment of section 22

4. Subsection (1) of section 22 of the principal Act is hereby amended by inserting immediately after the expression “section 114 of the Singapore Armed Forces Act, 1972,” appearing therein the expression “or unless such person is called up for full-time service and is employed only for an agreed definite or certain period of time,”.

Repeal and re-enactment of section 24

5. Section 24 of the principal Act is hereby repealed and the following substituted therefor: —

“Loss of salaries and wages

24.—(1) Subject to such conditions, restrictions or limitations as the Minister may by regulations provide, a person who is performing any —

(a)	reserve service in the Special Constabulary or in the division of the Singapore Armed Forces known as the People’s Defence Force or in the Vigilante Corps pursuant to paragraph (a) of section 14 of this Act; or
(b)	reserve service pursuant to paragraph (b) of section 14 of this Act; or
(c)	voluntary service in the division of the Singapore Armed Forces known as the People’s Defence Force pursuant to the Singapore Armed Forces Act, 1972 (Act 7 of 1972), and the regulations made thereunder or in the Special Constabulary pursuant to the Police Force Act (Cap. 78) and the regulations made thereunder; or
(d)	mobilized service,

and who, immediately prior to the performance of such service, was or is —

(i)	self-employed; or
(ii)	self-employed as well as gainfully employed under a contract of service; or
(iii)	gainfully employed by one or more employers,

shall be entitled to claim reimbursement of an amount by which his civilian remuneration is reduced as a result of being required to perform such service, less any service remuneration to which he is entitled in respect of such service, and the designated authority may pay such claims from monies to be provided by Parliament.

(2) If a dispute arises between the designated authority and a person as to the amount that such person may claim by way of reimbursement under subsection (1) of this section, the matter shall be referred to the Minister whose decision thereon shall be final.

(3) Where a person is required to perform further reserve service pursuant to subsection (14) of section 114 of the Singapore Armed Forces Act, 1972, his employer shall, subject to the provisions of subsection (4) of this section, be liable to pay such person at a rate equal to his usual rate of civilian remuneration, less the amount of any remuneration due to him in respect of such further reserve service, except that —

(a)	where such person is gainfully employed under a contract of service by two or more employers, each of the employers concerned shall be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by each of the employers bears to the total civilian remuneration that the reservist receives from all his employers;
(b)	where such person is self-employed as well as gainfully employed under a contract of service, his employer shall only be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by his employer bears to his total civilian remuneration.

(4) An employer who has paid any sum pursuant to subsection (3) of this section shall not be entitled to claim reimbursement thereof from the designated authority.

(5) Where under the Central Provident Fund Act (Cap. 121) an employer pays contributions in respect of his employee, the employer shall continue to pay the same amount of contributions and at the same rate notwithstanding that his employee is performing any —

(a)	service pursuant to section 14 of this Act or subsection (14) of section 114 of the Singapore Armed Forces Act, 1972 (Act 7 of 1972), unless the employee has been dismissed under section 22 of this Act on account of his further service under subsection (14) of section 114 of the Singapore Armed Forces Act, 1972; or
(b)	voluntary service in the division of the Singapore Armed Forces known as the People’s Defence Force pursuant to the Singapore Armed Forces Act, 1972 (Act 7 of 1972), and the regulations made thereunder or in the Special Constabulary pursuant to the Police Force Act (Cap. 78) and the regulations made thereunder; or
(c)	mobilized service.

(6) In this section —

“civilian remuneration” means remuneration including allowances ordinarily regarded as forming part of such remuneration derived from gainful employment which a person would have received had he not been required to perform any —

(a)	service under section 14 or 18 of this Act or subsection (14) of section 114 of the Singapore Armed Forces Act, 1972;
(b)	voluntary service pursuant to the Singapore Armed Forces Act, 1972, and the regulations made thereunder or the Police Force Act and the regulations made thereunder; or
(c)	mobilized service, but shall not include bonuses or ex-gratia payments;

“designated authority” means any person designated by the Minister for the purposes of this Act;

“mobilized service” includes mobilized service pursuant to section 64 of the Police Force Act;

“service” includes any voluntary service with the Singapore Armed Forces or the Special Constabulary;

“service remuneration” means any remuneration payable by the Government for any service before any deductions are made under or in accordance with any written law or with any orders or instructions of the Government or of the armed forces.”.

Amendment of section 26

6. The proviso to section 26 of the principal Act is hereby amended by inserting immediately after the expression “imprisonment,” appearing in the third line of paragraph (c) thereof the expression “special detention,”.

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