People’s Association (Community Development Councils) Rules

People’s Association Act

(CHAPTER 227, Section 9(2)(a) and (b))

People’s Association
(Community Development Councils) Rules

R 2

G.N. No. S 162/1997

REVISED EDITION 1998

(15th June 1998)

[29th March 1997]

Citation

1. These Rules may be cited as the People’s Association (Community Development Councils) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“Association” means the People’s Association constituted under section 2 of the Act;

“auditor”, in relation to a Council, means the Auditor-General or any auditor appointed under rule 23 for the Council;

[S 286/2006 wef 31/05/2006]

“Board” means the Board of Management of the Association;

“Chairman”, in relation to a Council, means the Chairman of the Council and includes an acting Chairman of the Council;

“Chief Executive Director” means the Chief Executive Director of the Association;

“constituency” means an electoral division under the Parliamentary Elections Act (Cap. 218) and includes a group representation constituency;

“Council”, in relation to a District, means a Community Development Council appointed for the District under rule 3(b);

“District” means an area designated to be a District under rule 3(a) and specified in the First Schedule;

“group representation constituency” means any electoral division declared to be a group representation constituency under the Parliamentary Elections Act;

“member”, in relation to a Council, means a member of the Council;

“Secretary-Treasurer”, in relation to a Council, means the Secretary-Treasurer of the Council;

“Vice-Chairman”, in relation to a Council, means the Vice-Chairman of the Council.

[S 286/2006 wef 31/05/2006]

Community Development Councils

3. For the purposes of carrying out the objects of the Association set out in section 9(1)(c) of the Act and the activities advantageous towards, or necessary or convenient for, the furtherance of such objects, the Board may from time to time —

(a)	designate any area in Singapore to be a District; and
(b)	appoint for that District a committee to be known as Community Development Council.

Districts

4. A District designated under rule 3(a) shall —

(a)	comprise one or more constituencies as set out in the first column of the First Schedule; and
(b)	be known by the name set out opposite thereto in the second column thereof.

Constitution of a Council

5.—(1) A Council shall consist of —

(a)	a Chairman; and
(b)	such other members, not being less than 12 or more than 80, as the Board may determine. [S 515/2000 wef 09/11/2000] [S 58/2002 wef 29/01/2002]

(2) The Chairman and other members of a Council shall be appointed by the Board on such terms and conditions and be paid such salaries or allowances as the Board may determine.

(3) Subject to paragraphs (4) and (5), the Board shall ordinarily appoint persons who are citizens of Singapore to be members of a Council.

[S 286/2006 wef 31/05/2006]

(4) The Board may, in special circumstances, appoint any person who is not a citizen of Singapore but who is a permanent resident of Singapore to be a member of a Council if the Board is of the opinion that that he is able to contribute significantly to the Council.

[S 286/2006 wef 31/05/2006]

(5) The number of permanent residents appointed as members of a Council shall not exceed 5 or 15% of the total maximum number of members for that Council as determined by the Board under paragraph (1)(b), whichever is the lower.

[S 286/2006 wef 31/05/2006]

Mayor

6.—(1) The Board may designate the Chairman of the Council for a District to be the Mayor of that District where —

(a)	[Deleted by S 576/2001 wef 24/11/2001]
(b)	the number of residents in the District is not less than 150,000.

(2) Any person designated by the Board as a Mayor of a District under paragraph (1) shall, notwithstanding the vacation of his seat in Parliament by reason of a dissolution of Parliament or otherwise, continue to hold office as Mayor until —

(a)	the expiration of his term of office; or
(b)	he is directed to vacate his office by the Board. [S 474/2000 wef 10/10/2000]

Appointment and duties of Vice-Chairmen and other officials

7.—(1) The Board may appoint from amongst the members not more than 3 Vice-Chairmen of the Council.

(2) If for any reason the Chairman is unable to act or the office of Chairman is vacant, a Vice-Chairman of the Council nominated by the Chairman, or in the absence of such a nomination, by the Council, may exercise all or any of the powers conferred, or the duties imposed, on the Chairman under these Rules or any other written law.

(3) The Board shall appoint one member of a Council to be the General Manager of the Council; and the General Manager shall also be the Secretary-Treasurer of the Council.

[S 286/2006 wef 31/05/2006]

(4) The Secretary-Treasurer of a Council shall —

(a)	receive all moneys given to the Council;
(b)	maintain proper books of accounts;
(c)	take charge of all records;
(d)	arrange for banking facilities;
(e)	present statements of accounts at meetings of the Council;
(f)	conduct all correspondence;
(g)	keep minutes of meetings;
(h)	prepare the annual report; and
(i)	generally perform all duties pertaining to his office. [S 286/2006 wef 31/05/2006]

(8) The Board may appoint any person to be adviser or consultant to a Council on such terms and conditions and be paid such salaries or allowances as the Board may determine.

(9) Any adviser or consultant appointed under paragraph (8) may serve as a resource person and advise the Council on matters advantageous to the performance of the functions of the Council.

Temporary members

8. The Board may appoint any person to be a temporary member of a Council during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any member of the Council.

Revocation of appointment

9. The Board may, at any time, revoke the appointment of the Chairman or any Vice-Chairman or any member of a Council without assigning any reason.

Resignation

10. A member of a Council may resign his office at any time by giving not less than one month’s notice to the Board.

Vacation of office

11. The office of a member of a Council shall become vacant —

(a)	on the death of the member;
(b)	if the member, without sufficient cause (the sufficiency thereof to be decided by the Board) fails to attend 3 consecutive meetings of the Council;
(c)	if the member becomes in any manner disqualified for membership of the Council;
(d)	if the member is adjudicated a bankrupt;
(e)	if the member resigns his office; or
(f)	if the appointment of the member is revoked.

Filling of vacancies

12. If a vacancy occurs in the membership of a Council, the Board may appoint any person to fill the vacancy and the person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.

Disqualification from membership

13. No person shall be appointed or shall continue to hold office as a member of a Council if he —

(a)	is neither a citizen of Singapore nor a permanent resident of Singapore; [S 286/2006 wef 31/05/2006]
(b)	is below 21 years of age;
(c)	is an undischarged bankrupt or has made any arrangement with his creditors;
(d)	has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
(e)	is incapacitated by physical or mental illness.

Functions and powers of a Council

14.—(1) The functions of a Council are —

(a)

to carry out the objects of the Association set out in section 9(1)(c) of the Act, that is to say, the fostering of community bonding and strengthening of social cohesion amongst the people of Singapore, and the activities advantageous towards, or necessary or convenient for, the furtherance of such objects;

(b)

to carry out any function or duty imposed on it by any other written law;

(c)

to advise the Board —

(i)	on matters affecting the well-being of the residents in the District;
(ii)	on the provision and use of public facilities and services within the District; and
(iii)	on the use of public funds allocated to the District for community activities; and

(d)

to carry out such other functions, duties and activities as may be assigned by the Board.

(2) A Council may —

(a)	plan, fund, develop and administer new community and infrastructure projects for the District; [S 321/2000 wef 01/07/2000]
(b)	administer Government-assistance schemes for deserving residents in the District;
(c)	manage the funds and facilities of the Council;
(d)	accept gifts, donations, contributions and Government grants whether of property or otherwise and whether subject to any special trust or not; [S 321/2000 wef 01/07/2000]
(e)	work with social workers, voluntary groups and more able persons to help handicapped or less able persons to cope with their difficulties; and
(f)	generally do all such other acts as may be necessary and approved by the Board for the performance of the functions of the Council.

Member’s interest to be made known

15.—(1) A member of a Council who is in any way, directly or indirectly, interested in a transaction or project of the Council shall disclose the nature of his interest at the first meeting of the Council at which he is present after the relevant facts have come to his knowledge.

(2) A disclosure under paragraph (1) shall be recorded in the minutes of the meeting of the Council and, after the disclosure, that member —

(a)	shall not take part in any deliberation or decision of the Council with respect to that transaction or project; and
(b)	shall be disregarded for the purpose of constituting a quorum of the Council for such deliberation or decision.

(3) No act or proceedings of the Council shall be questioned on the ground that a member has contravened this rule.

Quorum

16.—(1) At every meeting of a Council, one-third of the number of members of the Council shall constitute a quorum and no business shall be transacted unless a quorum is present.

(2) The Chairman, or in his absence any Vice-Chairman, shall preside at meetings of a Council, and if both the Chairman and Vice-Chairman are absent from any meeting or part thereof, such member as the members present shall elect shall preside at that meeting or part thereof.

(3) A decision at a meeting of a Council shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the chairman of the meeting shall have a casting vote in addition to his original vote.

(4) The Chief Executive Director or his authorised representative shall be in attendance at all meetings and shall participate in the deliberations of a Council.

Vacancies

17. A Council may act notwithstanding any vacancy in its membership.

Procedure at meetings

18.—(1) The Chairman of a Council or any other officer authorised by him shall summon all meetings of the Council for the despatch of business.

(2) A Council may make standing orders to regulate its own procedure generally and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.

(3) A copy of the minutes of every meeting of a Council shall be sent to the Chief Executive Director not later than 14 days after the date of the meeting.

(4) Minutes of meetings may be kept in any of the 4 official languages.

Appointment of sub-committees and delegation of duties, etc.

19.—(1) A Council may appoint from among its own members and other persons such number of sub-committees as the Council thinks fit for purposes which, in the opinion of the Council, would be better regulated and managed by means of such sub-committees.

(2) A Council may, subject to such conditions or restrictions as it thinks fit, delegate to any such sub-committee or the Chairman or any member all or any of the powers, functions and duties vested in the Council by these Rules or any other written law.

(3) A Council may continue to perform a function or duty under these Rules or any other written law, notwithstanding the delegation of the power, function or duty under this rule.

Financial provisions

20.—(1) A Council shall comply with the financial rules set out in the Second Schedule and the People’s Association Staff Manual issued by the Association.

[S 286/2006 wef 31/05/2006]

(1A) In the event of any inconsistency between any provision of the People’s Association Staff Manual and a provision of the Second Schedule, the provision of the Second Schedule shall prevail.

[S 286/2006 wef 31/05/2006]

(2) A Council may undertake fund-raising projects in accordance with the People’s Association Rules and Procedures Governing Fund-Raising Projects.

(3) The Chairman or, in his absence, any Vice-Chairman of a Council may execute any agreement relating to the management of the Council for and on behalf of the Association.

Special funds

21.—(1) A Council may, by resolution, establish special funds for specific projects or purposes and all moneys in such funds shall be governed by rules to be drawn up by the Council.

(2) The establishment of any such fund and the governing rules shall be subject to the approval of the Chairman of the Board or Deputy Chairman of the Board.

Financial year

22. The financial year of a Council shall begin on 1st April of each year and end on 31st March of the succeeding year, except that the first financial year of a Council shall begin on the date of appointment of the Council and end on 31st March of the succeeding year.

Accounts and audit

23.—(1) The accounts of a Council shall be audited by the Auditor-General or by an auditor appointed annually by the Board in consultation with the Auditor-General.

[S 286/2006 wef 31/05/2006]

(2) As soon as the accounts of a Council have been audited under paragraph (1), a copy of the accounts signed jointly by the Chairman and Secretary-Treasurer of the Council and certified by the auditor shall be submitted to the Deputy Chairman of the Board.

[S 286/2006 wef 31/05/2006]

(3) The auditor may also perform an interim audit of the accounts and financial position of a Council at any time the Association considers necessary.

[S 286/2006 wef 31/05/2006]

Dissolution of a Council

24. A Council may be dissolved —

(a)	by the direction of the Chairman of the Board or Deputy Chairman of the Board; or
(b)	by the unanimous vote of all members of the Council taken at a meeting specially convened for this purpose.

Transfer of assets upon dissolution of a Council

25. Upon the dissolution of a Council under rule 24, all assets of the Council, including balance of funds after settlement of all debts and liabilities, shall be handed to the Association for disposition as determined by the Chairman of the Board or Deputy Chairman of the Board.

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