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Document Information:
- Year: 1985
- Country: Singapore
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
SOCIETIES ACT
(CHAPTER 311)
(Original Enactment: Act 56 of 1966)
REVISED EDITION 1985
(30th March 1987)
An Act relating to societies.
[27th January 1967]
Short title
1. This Act may be cited as the Societies Act.
Interpretation
2. In this Act, unless the context otherwise requires —
“Assistant Registrar” means an Assistant Registrar of Societies appointed under section 3 ;
“officer” means the president, the secretary and members of the committee of a society and
includes persons holding positions analogous to those of president, secretary of member
of a committee;
“place of business” means the place where the records and boo ks of account of a society are
kept;
“political association” includes any society which the Minister may by order declare to be a
political association;
[15/2004 wef 01/09/2004]
“registered society” means a society registered or deemed to be registered und er this Act;
[15/2004 wef 1/9/2004]
“Registrar” means the Registrar of Societies appointed under section 3 ;
“society” includes any club, company, partnership or association of 10 or more persons,
whatever its nature or object, but does not include —
(a)
any company registered under any written law relating to companies for the time being in
force in Singapore;
(b)
any company or association constituted under any written law;
(ba )
any limited liability partnership registered under the Limited Liability Partnerships Act
2005;
[5/2005 wef 11/4/2005]
(c)
any trade union registered or required to be registered under any written law relating to
trade unions for t he time being in force in Singapore;
(d)
any co -operative society registered as such under any written law;
(e)
any mutual benefit organisation registered as such under any written law relating to
mutual benefit organisations for the time being in force in Singapore;
(f)
any company, association or partnership, consisting of not more than 20 persons, formed
for the sole purpose of carrying on any lawful business that has for its object the
acquisition of gain by the company, association or partnership, or t he individual members
thereof;
(fa )
any class, society or association of foreign insurers carrying on insurance business in
Singapore under any foreign insurer scheme established under Part IIA of the Insurance
Act (Cap. 142) ; or
[41/2001 wef 8/1/2002]
(g)
any school or management committee of a school constituted under any law regulating
schools for the time being in force in Singapore.
Appointment of Regi strar and Assistant Registrars
3. The Minister may appoint by name or office a Registrar of Societies and such
Assistant Registrars as may be necessary.
Registration of specified societies and refusal to register
4.
— (1) Subject to this section the Registrar shall upon application by any society
specified in the Schedule (referred to in this Act as a specified society) and on payment of
the prescribed fee register the society.
[15/2004 wef 01/09/2004]
(2) The Registrar shall refuse to register a specified society if he is satisfied that —
(a)
the rules of the specified society are insufficient to provide for its proper management
and control;
(b)
the specified society is likely to be used for unlawful purposes or for purposes prejudicial
to public peace, welfare or good order in Singapore;
(c)
the application for registration does not comply with the provisions of this Act or any
regulations made thereunder;
(d)
it would be contrary to the national interest for the specified society to be registered; or
(e)
in the case of any specified society w hich is a political association, its rules do not
provide for its membership to be confined to citizens of Singapore or it has such
affiliation or connection with any organisation outside Singapore as is considered by the
Registrar to be contrary to the na tional interest.
[15/2004 wef 01/09/2004]
(3) The Registrar may refuse to register a specified society if —
(a)
he is satisfied that the specified society is a branch of or is affiliated to or connected with
any society which has been dissolved under section 24 or under any previous written law
relating to societies or which has been previou sly refused registration;
(b)
a dispute exists among the members of the specified society as to the persons who are to
be officers or to hold or to administer any property of the specified society; or
(c)
it appears to him that the name under which the spe cified society is to be registered —
(i)
is likely to mislead members of the public as to the true character or purpose of the
specified society or so nearly resembles the name of some other society as is likely to
deceive the members of the public or memb ers of either society;
(ii)
is identical to that of any other existing society; or
(iii)
is in the opinion of the Registrar undesirable.
[15/2004 wef 01/09/2004]
(4) Any person aggrieved by the decision of the Registrar under this section may
within 30 day s from the date of the decision appeal to the Minister whose decision shall
be final.
(5) The Registrar shall, by notification in the Gazette , publish such particulars as he
thinks fit in respect of every specified society registered under this section.
[15/2004 wef 1/9/2004]
Registration of societies not specified in Schedule
4A.
— (1) A society may apply to be registered under this section if it is not a specified
society.
(2) An application for registration under this section shall be accompanied by —
(a)
the prescribed fee for the purposes of registration under this section;
(b)
a copy of the proposed rules of the society;
(c)
a declaration in such form as the Registrar may require as to the object, purpose or
activity of the society; and
(d)
such other documents and duly completed forms as the Registrar may require.
(3) The Registrar shall, on the basis of an application under subsection (2) in respect of
a society and without making any further inquiry —
(a)
register the society on the date he receives the application; and
(b)
inform the applicant that he has received the application and registered the society.
(4) The Registrar shall, by notification in the Gazette , publish such particulars as he
thinks fit in respect of every society registered under this section.
(5) Notwiths tanding subsection (3)( a), where it appears to the Registrar that any
society r egistered under that subsection ought not to have been so registered by reason
that it is a specified society —
(a)
the Registrar shall recover from that society as a debt due to the Government any
difference in the amount of the prescribed fee for the pur poses of registration under this
section and section 4 ; and
(b)
that society shall, by v irtue of this subsection, be deemed to be registered under section 4
on the date of its registration.
(6) Nothing in subsection (5) shall be construed as preventing the Mi nister from
exercising any of his powers under section 24 in respect of any society ref erred to in that
subsection.
[15/2004 wef 1/9/2004]
Annual registers to be published
5. The Registrar shall as soon as may be after 1st April every year prepare and publish
in the Gazette a list of all registered societies.
Cessation of existence of a society
6.
— (1) If the Registrar or an Assistant Registrar has reason to believe that any registered
society has ceased to exist, he may publish in the Gazette a notification calling upon the
society to furnish him with proof of its existence within 3 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 society.
(2) If at the expiration of the 3 months the Registrar is satisfied that the society has
ceased to exist, a notification to that effect shall be published in the Gazette , and the
society shall be deemed to have ceased to exist from the date of the publication.
Voluntary dissolution of a society
7.
— (1) Any registered society which proposes to dissolve itself voluntarily in
accordance with its rules shall inform the Registrar in writing, and a certificate of
dissolution, signed by the president, the secretary and the treasurer or officers of the
society holding analogous positions, shall be sent to the Registrar within one week of the
society’s dissolution.
(2) On receiving the certificate of dissolution, the Registrar shall, if he is satisfied that
the society has been dissolved in accordance with its rules, publish a notification in the
Gazette declaring that the society has ceased to exist.
Inspection and certified copies of documents
8.
— (1) Subject to subsection (3) , any person may on payment of the prescribed fees
inspect any document in the possession of the Registrar or an Assistant Registrar received
from any registered society and be supplied with a copy of or extract f rom any such
document.
(2) A copy of or extract from any such document certified to be a true copy or extract
under the hand and seal of the Registrar or the Assistant Registrar shall be admissible in
evidence in any proceedings.
(3) No person shall be all owed to inspect the accounts of a registered society or be
supplied with a copy of or extract from those accounts unless the Registrar is satisfied
that the person is a member of the society.
Branch of a society
9.
— (1) No registered society shall establis h a branch without the prior approval of the
Registrar.
(2) The Registrar may refuse to approve the establishment of a branch of the registered
society if —
(a)
the rules of the society do not provide for the establishment of a branch of the society; or
(b)
the rules of the branch of the society are such as to make it an independent society not
adequately under the control of the society.
(3) Where a registered society establishes a branch without the prior approval of the
Registrar the branch so establishe d shall be deemed to be an unlawful society.
(4) Any person who is aggrieved by the decision of the Registrar under this section
may within 30 days from the date of the decision appeal to the Minister whose decision
shall be final.
Information to be furnished by societies and persons responsible for supplying
information
10.
— (1) The Registrar or an Assistant Registrar may at any time by notice under his hand
order any registered society to furnish him with any such information as he may require
concerning the society or any documents, accounts and books relating to the society.
(2) The obligations imposed upon a registered society by subsection (1) shall be
binding upon every officer, and upon every person managing or assisting in the
management, of that society in Singapore.
(3) If any registered society fails to comply with the whole or part of any order given
under this section, each of the persons mentioned in subsection (2) who has been served
with the aforesaid order shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding $5,000 unless he establishes to the satisfaction of the court that he has
exercised due d iligence and has failed to comply with the order for reasons beyond his
control.
with an order given under this section is false, incorrect or incomplete in any material
particular, the person who supplied the information shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $5,000 unless he establishes to the
satisfaction of the court that he had good reason to believe that the information was true,
correct and complete.
[15/2004 wef 01/09/2004] Change of name, place of business and rules of society
11.
— (1) No registered society shall —
(a)
change its name or place of business; or
(b)
amend its rules,
without t he prior approval in writing of the Registrar or an Assistant Registrar.
(2) If a registered society fails to comply with the requirement of subsection (1) , the
society and every officer of the society shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $3,000.
[15/2004 wef 01/09/2004] (3) For the purp oses of this section —
“amend” includes making a new rule and rescinding an existing rule; and
“rules” includes the aims and objects for which a society is formed, or which it may pursue,
or for which its funds may be applied; the qualifications for member ship and for the
holding of any office; the method of appointment or election to any office; the rules by
which the society is to be governed; and the method and manner by and in which any of
the above matters may be amended.
(4) Any person aggrieved by th e refusal of the Registrar or an Assistant Registrar to
approve the change of name or place of business of a registered society or to amend its
rules may within 30 days from the date of the decision appeal to the Minister whose
decision shall be final.
Reg istrar may order change of name or rules of society registered under section 4A
11A.
— (1) If the Registrar is of the opinion that the name of any society registered under
section 4A —
(a)
is likely to mislead members of the public as to the true character or purpose of the
society or so nearly resembles the name of some other society as is likely to deceive
members of the public or members of either society;
(b)
is undesirable or offensive;
(c)
is identical to that of any existing society; or
(d)
is likely to give the impression that the society is connected in some way with the
Government or any public authority, or with any other body of persons or any individual,
when it is not so connect ed,
the Registrar may, at any time, by notice under his hand, order the society to change its
name, within such time as is specified in the notice, to such other name as he may
approve.
(2) The Registrar may, at any time, by notice under his hand, order an y society
registered under section 4A to amend its rules, within such time as is specif ied in the
notice, in such manner as he may direct, if he is of the opinion that the rules of the society,
if unchanged, would be contrary to national interest or prejudicial to the public peace,
welfare or good order in Singapore.
(3) A society registered under section 4A and every officer of that society shall comply
with any notice given under this section.
(4) If a society registered under section 4A fails to comply with a ny notice given under
this section, the society and every officer of that society shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $3,000.
(5) If an officer of a society registered under section 4A is charged with an offence
under subsection (4) , it shall be a defence for him to establish to the satisfaction of the
court that he has exercised due diligence and has failed to comply wi th the notice for
reasons beyond his control.
(6) In this section, “amend” and “rules” have the same meanings as in section 11(3) .
[15/2004 wef 1/9/2004]
Persons who shall not act as officers of a society
12.
— (1) No person shall act as an officer of a registered society or a branch thereof if —
(a)
he has, while being a member of a soci ety, been convicted for an offence involving the
unlawful expenditure of the funds of the society; or
(b)
he has been declared, in writing, by the Minister to be unfit to act as an officer of a
society by reason of any conviction for a criminal offence oth er than that specified in
paragraph ( a), unless the written permission of the M inister to so act is first obtained.
(2) Any person who acts in contravention of this section shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a
term not exceeding 6 months or to both.
[15/2004 wef 01/09/2004]
Use of symbol, flag, etc.
13.
— (1) No registered society shall use any flag, symbol, emblem, badge or other
insignia without the consent in writing of the Registrar or an Assistant Registrar.
(2) Any person aggrieved by the refusal of the Registrar or an Assistant Registrar to
the use of a flag, symbol, emblem, badge or other insignia may appeal against that
decision to the Minister whose decision shall be final.
(3) In any case where a registered society uses a flag, symbol, emblem, badge or other
insignia in contravention of su bsection (1) —
(a)
the officers of the society; and
(b)
all persons managing or assisting in the management of the society,
shall be deemed to be guilty of an offence and shall be liable on conviction to a fine not
exceeding $3,000 or to imprisonment for a term not exceeding one year or to both.
[15/2004 wef 01/09/2004]
Unlawful societies
14.
— (1) Every society, not being a registered society, shall be deemed to be an unlawful
society:
Provided that no society shall be deemed to be unlawful under this secti on if and so
long as the Registrar is satisfied that —
(a)
it is organised wholly outside Singapore; and
(b)
does not carry on any activity in Singapore.
(2) Any person who manages or assists in the management of any unlawful society
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term
not exceeding 5 years.
(3) Any person who is or acts as a member of an unlawful society, or attends a meeting
of an unlawful society, shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
[15/2004 wef 01/09/2004]
(4) Every offence under subsection (3) shall be deemed to be a non -bailable offence
and a seizable case within the meaning of the Criminal Procedure Code (Cap. 68).
Persons allowing unlawful assembly in thei r premises
15.
— (1) Any person who knowingly allows a meeting of an unlawful society, or of
members of an unlawful society to be held in any house, building or place belonging to or
occupied by him, or over which he has control, shall be guilty of an offen ce and shall be
liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not
exceeding 3 years or to both.
[15/2004 wef 01/09/2004]
(2) Every offence under subsection (1) shall be deemed to be a non -bailable offence
and a seizable case within the meaning of the Criminal Procedure Code .
Penalty for inciting, etc., a person to become a member of unlawful society
16.
— (1) Any person who incites, induces or invites another person to become a member
of, or to assist in the management of, an unlawful society shall be guilty of an offence
and s hall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 3 years or to both.
[15/2004 wef 01/09/2004]
(2) Any person who uses any violence, threat or intimidation towards any person in
order to induce him to b ecome a member of, or to assist in the management of, an
unlawful society shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $5,000 or to imprisonment for a term not exceeding 4 years or to both.
[15/2004 wef 01/09 2004 ]
Penalty for procuring subscription or aid for unlawful society
17. Any person who procures or attempts to procure from any other person any
subscription or aid for the purposes of an unlawful society shall be guilty of an offence
and shall be liable on c onviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 2 years or to both.
[15/2004 wef 01/09/2004]
Publishing etc., propaganda of unlawful society
18. Any 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
placard, newspaper, book, circular, pictorial representation or any other document or
writing whatsoever which is issued or appears to be issued by or on behal f of or in the
interests of an unlawful society shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2
years or to both, and any book, periodical, pamphlet, poster, procl amation, newspaper,
letter or any other document or writing in respect of which the person is convicted shall
be forfeited.
[15/2004 wef 01/09/2004]
Penalty for misuse of money or property of a registered society
19.
— (1) Where on complaint made by a membe r of a registered society or by the
Registrar it is shown to the satisfaction of a District Court or a Magistrate’s Court that
any officer or member of that society has in his possession or control any property of the
society otherwise than in accordance w ith the rules of the society, or has unlawfully
withheld any money of the society or wilfully applied such money to purposes other than
those expressed or directed in the rules of the society and authorised by this Act, the
Court shall, if it considers the justice of the case so requires, order the officer or member
to deliver all such property to the trustees of the society or such other persons as the
Court may appoint and to pay to them the money so unlawfully withheld or improperly
applied.
(2) A compla int made under subsection (1) other than a complaint made by Registrar
shall not be entertained unless the Court is satisfied that the complainant is, on the date of
the complaint, a member of the registered society in respect of whose property the
complaint is so made.
(3) Any person bound by an order made under subsection (1) who fails to comply with
the terms ther eof and the directions given therein within a time to be specified in the
order shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
[15/2004 wef 01/09/2004]
(4) An order made under subsection (1) shall not affect or prevent a prosecution of, or
civil proceedings against, any such officer or mem ber.
Punishment of fraud, false declaration and misappropriation
20. Any person who with intent to mislead or defraud any other person gives to the
other person a copy of any rules, regulations or other documents, other than the rules of a
registered socie ty, on the pretence that they are the existing rules of the society or that
there are no other rules of the society or gives to the other person a copy of any rules on
the pretence that those rules are the rules of a registered society when the society is not
registered, shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[15/2004 wef 01/09/2004]
Presumptive proof of existence of a society
21.
— (1) In any prosecution for an offence under this Act where it is proved that a club,
company, partnership or association exists —
(a)
it shall be presumed, until the contrary is proved, that the club, company, partnership or
association is a society within the meaning of this Act;
(b)
it shall not be necessary to prove that the society possesses a name or that it has been
constituted or is usually known under a particular name; and
(c)
it shall be presumed until the contrary is proved that it consists of and has at all material
times consisted of 10 or more persons.
(2) Notwithstanding any other written law in any prosecution for an offen ce under this
Act, for the purpose of proving the existence of a society, evidence may be adduced and
shall be admitted which shows that —
(a)
any person is reputed to be a member of the society;
(b)
any announcement has been made, whether by the person ch arged or by any other person
by any means whatever that the society has been formed or is in existence; or
(c)
by repute the society is in existence.
Presumptive proof of membership, etc., of society
22.
— (1) Where any books, accounts, writings, seals, ban ners or insignia of or relating to
or purporting to relate to any society are found in the possession of any person, it shall be
presumed, until the contrary is proved, that that person is a member of the society, and
the society shall be presumed, until t he contrary is proved, to be in existence at the time
the books, accounts, writings, seals, banners or insignia are so found.
(2) When any books, accounts, lists of members or seals of or relating to any society
are found in the possession of any person, i t shall be further presumed, until the contrary
is proved, that that person assists in the management of the society.
Society using a triad ritual to be deemed an unlawful society
23.
— (1) Every society, whether it is registered or not, which uses a triad ritual shall be
deemed to be an unlawful society.
(2) Any person found in possession of or having the custody or control of any books,
accounts, writings, seals, banners or insignia of or relating to any triad society or branch
of a triad society, whether the society or branch is established in Singapore or not, shall
be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or
to imprisonment for a term not exceeding 3 years or to both.
[15/2004 wef 01/09/2004]
(3) Every offe nce under subsection (2) shall be deemed to be a non -bailable offence
and a seizabl e case within the meaning of the Criminal Procedure Code (Cap. 68).
Minister may order dissolution of any society
24.
— (1) Whenever it appears to the Minister that —
(a)
any registered society is being used for unlawful purposes or for purposes prejudicial to
public peace, welfare or good order in Singapore;
(aa )
the registration of any society has been procured by fraud or misrepresentation;
[15/2004 wef 1/9/2004]
(b)
any registered society is being used for purposes incompatible with the objects and rules
of the society;
(c)
the rules of any registered society are or have been inadequate for its proper management
and control and the registered society has failed without r easonable cause to amend its
rules within 3 months of, and in accordance with, a direction from the Registrar to amend
its rules for those purposes;
(d)
the rules of any registered society which is a political association do not provide for its
membership to be confined to Singapore citizens, and the society has failed without
reasonable cause to amend its rules within 3 months of, and in accordance with, a
direction from the Registrar to amend its rules for those purposes;
(e)
any registered society which is a political association has such an affiliation or
connection with any organisation outside Singapore as is considered by the Registrar to
be contrary to the national interest, and has failed to satisfy the Registrar that it has taken
appropriate action to sever that affiliation or connection within 3 months of, and in
accordance with, a direction from the Registrar to take such action; or
(f)
any regis tered society has wilfully contravened any provision of this Act or of any
regulations made thereunder, or of any of the rules of the society,
the Minister may order that the society shall be dissolved.
(2) Notification of every such order shall be publish ed in the Gazette , and shall be
affixed in a conspicuous manner on any building occupied by the society.
(3) Every society against which an order for dissolution is made shall thenceforward
be deemed to be an unlawful society.
(4) Where an order of dissolu tion has been made against any society every person who
on the date on which the order was made was an officer of that society shall, during the
period of 3 years from the date on which the order was made, be ineligible, except with
the written permission of the Minister, to act or be elected as an officer of any other
society.
(5) Any person who acts without the written permission of the Minister as an officer of
a society while he is ineligible under subsection (4) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a ter m not
exceeding one year or to both.
[15/2004 wef 01/09/2004]
(6) The fact that a political association uses a name or symbol which is the same as
that of an organisation outside Singapore shall be deemed to be sufficient evidence that
the political associ ation has an affiliation or connection with that organisation.
Consequences upon the order of Minister under section 24
25.
— (1) Upon the making of an order of dissolution against any society under section 24
—
(a)
the property of the society shall forthwith vest either in the Official Receiver or, if any
other officer is appointed for the p urpose of winding up by the Minister in the notification
of the order, then in that officer; and
(b)
the Official Receiver or that other officer shall proceed to wind up the affairs of the
society and, after satisfying and providing for all debts and liabilities of the society and
the costs of winding up, shall pay the surplus assets, if any, of the socie ty —
(i)
where the Minister so directs, into the Consolidated Fund; and
(ii)
in the absence of a direction by the Minister, to the members of the society according to
the rules of the society.
[9/2003 wef 16/5/2003]
(1A) For the purposes of the winding up of the affairs of the society, the Official
Receiver or that other officer shall have all the powers vested in the Official Receiver
under the Companies Act (Cap. 50) for the purpose of the discovery of the property of a
debtor and the realisation thereof, and the provisions of that Act shall apply, with the
necessary modifications, to th e winding up of the affairs of the society under this Act.
[9/2003 wef 16/5/2003]
(2) The Minister may, for the purpose of enabling a society to wind up its own affairs,
suspend the operation of this section for such period as to him seems expedient.
Power of Magistrate, etc., to enter place kept as place of meeting
26. The Registrar or an Assistant Registrar or a Magistrate or any police officer
authorised in writing by the Registrar or an Assistant Registrar or a Magistrate may at
any time enter any place which he has reason to believe is kept or used by any registered
society or any of its members as a place of meeting or business.
Power to enter and search in special cases
27. The Registrar or an Assistant Registrar or a Magistrate, who has reason to bel ieve
that any registered society is being used for purposes prejudicial to public peace, welfare
or good order in Singapore or incompatible with the rules and objects of the society as
entered in the Register of Societies or furnished to the Registrar or t o an Assistant
Registrar under this Act, may enter or may in writing authorise a police officer to enter,
with or without assistance and using force for that purpose, if necessary, into any place
which he has reason to believe is used as the place of meeti ng or business of the society,
and may search or may in writing authorise a police officer to search that place and any
person found therein or escaping therefrom for evidence that the society is being used for
such purposes as aforesaid.
Magistrate, etc., may enter house, etc., where unlawful meeting held, or books,
accounts, etc., kept, may arrest and seize persons and property found
28.
— (1) Any Magistrate or Justice of the Peace or police officer not below the rank of
assistant superintendent may enter, with or without assistance, or may by warrant under
his hand or by writing under his hand, as the case may be, authorise any other police
officer to enter, with or without assistance, using force in either case, if necessary, into
any dwelling -house or ot her building, or into any place in which he has reasonable
ground to believe that a meeting of an unlawful society, or of persons who are members
of an unlawful society, is being held, or that any books, accounts, writings, banners or
insignia belonging to an unlawful society are concealed, kept or deposited, and to arrest
or cause to be arrested all persons found in the house and to search that house, building or
place, and seize or cause to be seized all books, accounts, writings, banners, documents,
flag s, insignia, arms and other articles which he has reasonable cause to believe to belong
to any unlawful society, or to be in any way connected therewith.
(2) All persons so arrested and all articles so seized may be detained in custody till
they can conven iently be brought before a District Court or Magistrate’s Court to be dealt
with according to law.
Registrar and Assistant Registrar to have power to summon witnesses
29.
— (1) The Registrar or an Assistant Registrar may summon before him any person who
he has reason to believe is able to give any information as to the existence or operations
of any unlawful society, or suspected unlawful society, or as to the operations of any
registered society.
(2) The person so summoned shall attend at the hour and place specified in the
summons and produce all documents in his custody, possession or power relating to that
society or suspected society, and shall answer truthfully all questions which the Registrar
or an Assistant Registrar may put to him.
(3) The Registrar and every Assistant Registrar shall be deemed to be public servants
within the meaning of the Penal Code, and may administer oaths to and examine on oath
any person summoned before him under this section.
(4) If the Registrar or an Assistant Registrar is satisfied, after due inquiry, that a person
summoned under this section is a member of an unlawful society or has refused to give
information or has given false information as to the existence or operations of an
unlawful society or suspected unlawful soc iety, the Registrar or the Assistant Registrar
may, if he considers it advisable to make provision for the identification of that person
order that a photograph and finger impressions of the person shall be taken at such time
and in such place and manner a s the Registrar or the Assistant Registrar thinks fit.
(5) If that person refuses to comply with such an order, he may be arrested and
detained in custody until he can conveniently be brought before a District Court or
Magistrate’s Court to be dealt with a ccording to law.
(6) Any person who fails to comply with any such order shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $1,000.
[15/2004 wef 01/09/2004]
Charges
30.
— (1) Except in the case of persons arrested under section 28 , no person shall be
charged with an offence under this Act or any regulation s made thereunder unless the
sanction in writing of the Registrar or of an Assistant Registrar has been first obtained.
(2) Prosecutions in a District Court or in a Magistrate’s Court under this Act or any
regulations made thereunder may, with the authoris ation of the Public Prosecutor, be
conducted by the Registrar or by an Assistant Registrar or by some person authorised in
writing by the Registrar or by an Assistant Registrar to appear on his behalf.
[15/2010 wef 02/01/2011]
Jurisdiction
31.
— (1) Any offence under section 14(2) may be tried by a District Court which may
pass the sentence specified in that section.
(2) Any offence under any other section of this Act or any regulations made thereunder
may be tried by a District Court or by a Magistrate’s Court.
Forfeiture
32. Any books, accounts, writings, banners, insignia or othe r property belonging to
any unlawful society shall be forfeited and given to the Registrar or to an Assistant
Registrar.
Service of summons, etc.
33. Every summons, notice or other document issued under this Act, or under any
regulations made thereunder, s hall be deemed to have been validly and effectually served,
if served in the manner prescribed by the Criminal Procedure Code (Cap. 68) for the
service of summonses under that Code.
Amendment of Schedule
33A. The Minister may, by notification in the Gazet te, amend the Schedule.
[15/2004 wef 1/9/2004]
Regulations
34.
— (1) The Minister may from time to time make regulations for or with respect to all
or any of the following matters:
(a)
to prescribe the manner of registration of societies under this Act;
(b)
to regulate or restrict changes of the name of registered societies;
(c)
to regulate or restrict changes of the place of business or place of meeting or of the
registered rules or objects of registered societies;
(d)
to prescribe the manner and conditions in and under which the powers conferred by this
Act shall be exercised by the persons on whom the powers are conferred;
(e)
to prescribe the fees which may be charged and taken under this Act;
(f)
to prescribe the for ms which may be used for carrying out the provisions of this Act;
(fa )
to require the accounts and financial statements of registered societies to be in
compliance with —
(i)
accounting standards that are made or formulated by the Accounting Standards Coun cil
under Part III of the Accounting Standards Act 2007 and applicable to societies; or
(ii)
other requirements substituted by the Minister in lieu of compliance with the accounting
standards applicable to societies;
[39/2007 wef 1/11/2007]
(fb )
to provide for relief from the requirements of such accounting standards applicable to
societies;
[39/2007 wef 1/11/2007]
(fc)
to provide that the regulations made under paragraph ( fa ) shall not apply to any society
that is registered as a charity or approved as an institution of a public character under the
Charities Act (Cap. 37) to the extent that that Act requires the society’s accounts and
financial statements for a ny financial year to comply with the accounting standards
applicable to charities to the exclusion of other accounting standards;
[39/2007 wef 1/11/2007]
(g)
generally for carrying into effect the provisions of this Act.
(2) The Minister in making any regulations under this Act may direct that a person
committing a breach of such regulati ons shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $500 and, where the breach is a continuing one, to a
fine not exceeding $50 for every day after the first day during which the breach continues.
(3) All such regula tions shall be published in the Gazette and shall be presented to
Parliament as soon as possible after publication.
Provisions applicable to registered societies
35. The following provisions shall apply to all registered societies:
(a)
the movable property of a society, if not vested in trustees, shall be deemed to be vested
for the time being in the governing body of the society, and in all proceedings civil and
criminal may be described as the property of the governing body of the soci ety by their
proper title;
(b)
every such society may sue or be sued in the name in which it was registered under this
Act;
(c)
a writ of summons or other legal process may be served on a society by serving it on an
officer of the society, or by leaving it at, or sending it by registered post to, the registered
address of the society;
(d)
except as otherwise provided in section 36 , no judgment in any suit against a registered
society shall be put into force against the person or property of any officer or member of
the society but only against the property of the society;
(e)
any member who is in arrears of subscriptions which, according to the rules of the society,
he is bound to pay, or who takes possession or detains any property of the society
contrary to those rules, or who injures or destroys any property of the society, may be
sued for the arrears or for the damage accruing from his wrongful possession, detention,
injury or destruction of that property by and in the name of the society;
(f)
any member of the society who steals, purloins or embezzles any money or other
pro perty, or wilfully and maliciously destroys or injures any property of the society, or
forges any deed, bond, security for money, receipt or other instrument whereby the funds
of the society may be exposed to loss, shall be subject to the same prosecution, and, if
convicted, shall be liable to be punished in like manner as any person, not a member,
would be subject and liable to in respect of the like offence;
(g)
in the absence of any specific provision in the rules of a society any number not less than
th ree -fifths of the members for the time being resident in Singapore of the society may
determine that it shall be dissolved forthwith, or at a time agreed upon, and all necessary
steps shall be taken for the disposal and settlement of the property of the so ciety and its
claims and liabilities according to the rules of the society applicable thereto, and if none,
then as the governing body finds expedient:
Provided that in the event of any dispute arising among the members of the governing
body or the members of the society, the adjustment of its affairs shall be referred to the
High Court, and the Court shall make such order in the matter as it thinks fit;
(h)
no society shall be dissolved unless three -fifths of the members so resident as aforesaid
have expre ssed a wish for such dissolution by their votes delivered in person or by proxy
at a general meeting convened for the purpose.
[16/82]
Security for costs and liability of officers
36.
— (1) Where a registered society or any of its officers purporting to act on its behalf is
plaintiff in any action or other legal proceeding, the court having jurisdiction in the
matter may, if it appears by credible testimony that there is reason to believe that the
society or the officer will be unable to pay the costs of the defendant if successful in his
defence, require sufficient security to be given for those costs and stay all proceedings
until the security is given.
(2) Where a society is required to give security for costs under subsection (1) and the
amount of the security is not sufficient to pay the costs of the defendant —
(a)
the officers of the society who approved the institution of the action or legal proceeding;
and
(b)
any person who, on subsequently becoming an officer of the society, does not take any
reasonable measure for the purpose of seeking the discontinuance of the action or legal
proceeding,
shall be jointly and severally liable for any part of the costs awarded against the society
which, after deducting the amount of the security, remains unsatisfied after one month
from the date the costs became payable.
(3) This section shall apply to any action or legal proceeding whether instituted before
or after 10th September 1982.
[35A
[16/82]
Power to exempt
37. The Minister may at his discretion in writing exempt any society registered under
this Act from all or any of the provisions of this Act.
[36
Transitional provision
38. Any society which immediately before the commencement of this Act was
registered under the provisions of the Societies Ordinance (Cap.288,1955Ed.) shall be
deemed to be registered under this Ac t.
[37