# legal_provisions

document_id: neaa-2002
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 33
title: Transfer of employees
content:
33. —(1) As from 1 July 2002, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government and posted to any of the departments specified in the Schedule are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or category of persons has been transferred to the service of the Agency under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the Agency, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the Agency under subsection (1) as if the person were still in the employment of the Government.


document_id: neaa-2002
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 34
title: Pension rights, etc., of Government employees to be preserved
content:
34. —(1) The terms and conditions to be drawn up by the Agency must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Agency under section 33 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Agency must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Agency. (3) Nothing in the terms and conditions to be drawn up by the Agency adversely affects the conditions that would have been applicable to persons transferred to the service of the Agency as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Agency under section 33, the Government is liable to pay to the Agency such portion of any pension, gratuity or allowance payable to the person on his retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Agency. (5) Where any person in the service of the Agency, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Agency or is discharged from such service, the Agency may grant to him or her or to such other person wholly or partly dependent on him or her, as the Agency thinks fit, such allowance or gratuity as the Agency may determine.


document_id: neaa-2002
provision_ref: s35
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 35
title: No benefits in respect of abolition or reorganisation of office
content:
35. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Agency under section 33 is entitled to claim any benefit under that Act on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Agency.


document_id: neaa-2002
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 36
title: Existing contracts
content:
36. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 July 2002 to which the Government is a party and relating to any of the departments specified in the Schedule or to any person transferred to the service of the Agency under section 33 continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the Government.


document_id: neaa-2002
provision_ref: s37
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 37
title: Continuation and completion of disciplinary proceedings and other legal proceedings
content:
37. —(1) Where, on 1 July 2002, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Agency, the proceedings must be carried on and completed by the Agency. (2) Where, on 1 July 2002, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is treated as an order, a ruling or a direction of the Agency and has the same force or effect as if it had been made by the Agency pursuant to the authority vested in the Agency under this Act. (4) All proceedings or causes of action pending or existing immediately before 1 July 2002 by or against the Government in respect of any of the departments specified in the Schedule may be continued, completed and enforced by or against the Agency.


document_id: neaa-2002
provision_ref: s38
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 38
title: Misconduct or neglect of duty by employee before transfer
content:
38. The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner any person who had, while in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: neaa-2002
provision_ref: s38A
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 38A
title:
Transfer to Agency of property, employees, existing contracts, etc., from Health Sciences Authority relating to Centre for Radiation Protection

content:
38A. —(1) As from 1 July 2007, such movable and immovable property vested in the Health Sciences Authority as may be determined by the Minister for Finance and used or managed by the Centre for Radiation Protection and all assets, interests, rights, privileges, liabilities and obligations of the Health Sciences Authority relating to the Centre for Radiation Protection are transferred to and vest in the Agency without further assurance, act or deed. [27/2007] (2) As from 1 July 2007, all persons employed immediately before that date by the Health Sciences Authority and posted to the Centre for Radiation Protection are transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer. [27/2007] (3) All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 July 2007 to which the Health Sciences Authority is a party and relating to the Centre for Radiation Protection or to any person transferred to the service of the Agency under subsection (2) continue in force on and after that date and are enforceable by or against the Agency as if the Agency had been named therein or had been a party thereto instead of the Health Sciences Authority. [27/2007] (4) Section 32(2) to (5) applies, with the necessary modifications, to the transfer of property, assets, interests, rights, privileges, liabilities and obligations mentioned in subsection (1). [27/2007] (5) Sections 33(2), 34, 35, 37 and 38 apply, with the necessary modifications, to the transfer of persons mentioned in subsection (2). [27/2007]


document_id: neaa-2002
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Symbol or representation of Agency
content:
40. —(1) The Agency has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit that symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Agency, or which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: neaa-2002
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Power to enter land to set up meteorological observation station
content:
41. —(1) Where, in any emergency, the chief executive is of the opinion that the public health or the safety of the public may be adversely affected, the chief executive may direct any officer or employee of the Agency to enter upon any land, after giving reasonable notice, to set up a meteorological observation station and to operate the station in such manner as may be reasonably necessary. (2) The Agency must pay compensation to the owner of the land for any permanent damage caused to the land in the exercise of the powers conferred by subsection (1). (3) If any dispute arises as to the amount of compensation payable to the owner of such land, the dispute may be summarily determined by a District Court or a Magistrate’s Court. (4) Except as provided in subsection (2), no action may be brought against the Agency for any compensation in respect of any damage caused arising out of the exercise of the powers conferred by subsection (1).


document_id: neaa-2002
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Powers of enforcement, etc.
content:
42. —(1) In addition to the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, the officer or employee may — ( a ) on declaration of the officer’s or employee’s office, and production of such identification card as the chief executive may direct to be carried by an officer or employee of the Agency — (i) require any person whom the officer or employee reasonably believes to have committed any offence under this Act or that environmental written law to provide evidence of that person’s identity; (ii) for the purposes of this Act or that environmental written law — (A) require any person to provide any information or produce any book, document or copy of a book or document in the possession of that person; and (B) without fee or reward inspect, copy or make extracts from that book, document or copy; and (iii) when conducting any investigation under this Act or that environmental written law, require, by order in writing, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case; and ( b ) photograph or otherwise record the scene of any offence under this Act or that environmental written law, and any thing or individual in the scene. [4/2016] (2) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Agency in the discharge of the duties by such officer or employee under this Act or any environmental written law; ( b ) wilfully misstates or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him or her by an officer or employee of the Agency under subsection (1)( a ); or ( c ) fails to comply with a lawful demand of an officer or employee of the Agency in the discharge of the duties by such officer or employee under this Act or any environmental written law, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [4/2016] (3) In this section — “photograph” includes making a digital image or a moving visual record; “scene”, in relation to an offence under this Act or any environmental written law, means — ( a ) any place or vehicle where the offence was committed, is reasonably suspected to have been committed, or is about to be committed; or ( b ) any place or vehicle associated with, or relevant to, the commission or suspected commission of the offence. [4/2016]


document_id: neaa-2002
provision_ref: s42A
chapter: PART 7 - MISCELLANEOUS
section: 42A
title: Authorisation of auxiliary officers to exercise powers of enforcement
content:
42A. —(1) The chief executive must, in writing, issue to each auxiliary officer an authorisation specifying the powers mentioned in subsection (3) that the auxiliary officer may exercise, and no other powers. [4/2016] (2) The powers that an auxiliary officer may be authorised under this section to exercise may be exercised only to the extent authorised by the chief executive under this section and directed by an officer or employee of the Agency. [4/2016] (3) An auxiliary officer may be authorised under this section to exercise all or any of the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, in relation to any offence under this Act or that environmental written law. [4/2016] (4) The authorisation of the chief executive under subsection (1) issued to an auxiliary officer may also do all or any of the following: ( a ) limit the powers in subsection (3) that the auxiliary officer may exercise; ( b ) limit when, and where in Singapore, the auxiliary officer may exercise those powers or any of them; ( c ) limit the circumstances in which the auxiliary officer may exercise those powers or any of them. [4/2016] (5) An auxiliary officer who is authorised under subsection (1) to exercise any power in subsection (3) — ( a ) must obey all lawful directions (general or specific) of the chief executive and an officer or employee of the Agency when exercising that power; and ( b ) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power. [4/2016] (6) Without affecting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included an auxiliary officer’s acts or omissions when acting in the course of the auxiliary officer’s duty as an auxiliary officer in accordance with — ( a ) the written authorisation of the chief executive under subsection (1); and ( b ) the lawful directions (general or specific) of the chief executive and an officer or employee of the Agency. [4/2016] (7) To avoid doubt, an auxiliary officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee is not present at all times. [4/2016]


document_id: neaa-2002
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Corporate offenders and unincorporated associations
content:
43. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the part of an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the part of a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee; “partner” includes a person purporting to act as a partner.


document_id: neaa-2002
provision_ref: s44
chapter: PART 7 - MISCELLANEOUS
section: 44
title: Jurisdiction of court
content:
44. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of the offence.


document_id: neaa-2002
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Evidence
content:
45. —(1) Subject to subsection (3), a document or certificate purporting to be a report under the hand of the chief executive or any officer authorised by the chief executive upon any matter or thing in connection with the administration or enforcement of this Act or with an investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein. (2) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, until the contrary is proved, deemed to be such a certificate. (3) A certificate mentioned in subsection (1) shall not be received in evidence under that subsection unless the person charged has been given — ( a ) a copy of the certificate; and ( b ) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, at least 10 clear days before the commencement of the proceedings. (4) Where a certificate of the chief executive or any officer authorised by him or her is admitted in evidence under subsection (1), the person charged may require the chief executive or such officer to be called as a witness for the prosecution and be cross-examined as if he or she had given evidence of the matters stated in the certificate.


document_id: neaa-2002
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Composition of offences
content:
46. —(1) The chief executive or any officer authorised by him or her may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against such person in respect of the offence. (3) The Agency may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section. (4) All composition sums collected under this section must be paid into the Consolidated Fund. [11/2019]


document_id: neaa-2002
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: Preservation of secrecy
content:
47. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been — ( a ) a member, an officer, an employee, an auxiliary officer or an agent of the Agency; or ( b ) a member of a committee of the Agency, must not disclose any information relating to the affairs of the Agency or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [4/2016; 5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: neaa-2002
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Regulations
content:
48. —(1) The Agency may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) regulating the proceedings of the Agency or of the committees of the Agency; ( b ) prescribing the form and duration of certificates and accreditation, certification and inspection marks for use in relation to any function of the Agency, the terms and conditions upon which and the circumstances in which — (i) the certificates may be granted, suspended or cancelled; or (ii) the accreditation, certification and inspection marks may be affixed, used or removed, and the fees payable in respect thereof; ( c ) prescribing any matter which is necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) The regulations may provide that a contravention thereof shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: neaa-2002
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: References in other written laws and documents
content:
49. Insofar as is necessary for preserving the effect of any written law or document on or after 1 July 2002 — ( a ) a reference therein to the Commissioner of Public Health is to be read as a reference to the Director‑General of Public Health appointed under the Environmental Public Health Act 1987; ( b ) a reference therein to the Director of Environmental Pollution Control is to be read as a reference to the Director‑General of Environmental Protection; and ( c ) a reference therein to the Director of Meteorological Service is to be read as a reference to the Director‑General of Meteorological Service.


document_id: nhba-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the National Heritage Board established under section 3; “Chairperson” means the Chairperson of the Board and includes any temporary Chairperson of the Board; “chief executive officer” means the chief executive officer of the Board and includes any person acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Board and includes any temporary Deputy Chairperson of the Board; “Fund” means the National Heritage Endowment Fund established under section 35; “member” means a member of the Board; “object” includes any work of art and any artefact.


document_id: nhba-1993
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 3
title: Establishment of National Heritage Board
content:
3. A body called the National Heritage Board is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding, developing and disposing of property, both movable and immovable; and ( c ) doing and suffering all such acts or things as bodies corporate may lawfully do or suffer.


document_id: nhba-1993
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 4
title: Common seal
content:
4. —(1) The Board must have a common seal which must be kept in such custody as the Board thinks fit. (2) All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board, and every document to which the common seal is affixed must be signed by — ( a ) any 2 members of the Board generally or specially authorised by the Board for the purpose; or ( b ) one member of the Board generally or specially authorised by the Board for the purpose and the chief executive officer. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: nhba-1993
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of — ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 10 and not more than 25 other members as the Minister may determine. (2) The Schedule applies with respect to the Board, its members and proceedings.


document_id: nhba-1993
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 6
title: Functions of Board
content:
6. The functions of the Board are — ( a ) to explore and present the heritage and nationhood of the people of Singapore in the context of their ancestral cultures, their links with South-East Asia, Asia and the world through the collection, preservation, interpretation and display of objects and records; ( b ) to promote public awareness, appreciation and understanding of the arts, culture and heritage, both by means of the Board’s collections and by such other means as it considers appropriate; ( c ) to promote the establishment and development of organisations concerned with the national heritage of Singapore; ( d ) to advise the Government in respect of matters relating to the national heritage of Singapore; and ( e ) to perform such other functions as are conferred on the Board by any other written law.


document_id: nhba-1993
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 7
title: Powers of Board
content:
7. —(1) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), the powers of the Board include the following: ( a ) to develop and manage museums and other facilities related to its functions; ( b ) to collect, classify, preserve and display objects and records relevant to its functions; ( c ) to advise and facilitate the preservation of historic sites; ( d ) to undertake or sponsor research and investigation relevant to its functions; ( e ) to arrange for the acquisition, production or publication and the sale to the public of books, pamphlets, replicas and other materials related to its functions; ( f ) to undertake or sponsor programs for the training of persons in the professions and skills involved in the operation of museums; ( g ) to establish liaison with other museums, universities and other institutions to secure maximum collaboration of all activities relevant to its functions; ( h ) to arrange for or provide professional and technical services, on any terms and conditions that may be approved by the Board; ( i ) to raise funds by all lawful means and receive gifts and donations, whether on trust or otherwise; ( j ) to extend grants, contributions or loans to any person or organisation connected with the national heritage of Singapore; ( k ) to enter into contracts and establish trusts; ( l ) to enter into joint ventures with any person or organisation, or form or participate in the formation of a company; ( m ) to provide or undertake publicity in any form; ( n ) to charge fees, commissions or rent for any objects, services or facilities provided by the Board.


document_id: nhba-1993
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 8
title: Appointment of committees and delegation of powers
content:
8. —(1) The Board may appoint any number of committees that it thinks fit consisting of its members or other persons or its members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or to the Chairperson, all or any of the powers and functions vested in the Board by this Act; and any power or function so delegated may be exercised or performed by the committee or Chairperson in the name and on behalf of the Board. [5/2018] (3) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any employee of the Board or to any other person all or any of the powers and functions vested in the Board by this Act; and any power or function so delegated may be exercised or performed by the employee or person in the name and on behalf of the Board. [5/2018] 9. [ Repealed by Act 5 of 2018 ]


document_id: nhba-1993
provision_ref: s10
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD
section: 10
title: Directions by Minister
content:
10. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must give the Minister any information with regard to its property and activities that the Minister may require.


document_id: nhba-1993
provision_ref: s11
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 11
title: Establishment of museums
content:
11. —(1) The Board may establish any museums that it thinks fit. (2) Every museum established by the Board under subsection (1) is to be known by any name that the Board thinks fit. (3) All museums established by the Board under subsection (1) and the museum transferred to the Board under section 37 are collectively known as the National Museum of Singapore.


document_id: nhba-1993
provision_ref: s12
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 12
title: Appointment of directors of museums
content:
12. The Board may appoint a director for any museum established by the Board under section 11 and the museum transferred to it under section 37 who is responsible to the Board for the general management and control of the museum so established or transferred.


document_id: nhba-1993
provision_ref: s13
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 13
title: Initial vesting of objects in Board
content:
13. —(1) Where the property in an object was vested in the Government immediately before 1 August 1993, and the object — ( a ) then formed part of the collections of the National Museum; or ( b ) was then in use in respect of the collections or solely for the purposes of the administration of the National Museum, then the property is on that date to be vested instead in the Board. (2) In the case of an object mentioned in subsection (1)( a ), it is immaterial that, immediately before 1 August 1993, it was situated elsewhere than at premises managed for the purposes of the National Museum. (3) On 1 August 1993, any right, power, duty or liability which was immediately before that date exercisable by or incumbent on the Government in relation to any object mentioned in subsection (1) is instead to be exercisable by or incumbent on the Board. (4) Subsections (1) and (3) do not apply as regards such object excepted from those provisions as the Minister may specify.


document_id: nhba-1993
provision_ref: s14
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 14
title: Certain gifts vesting on or after 1 August 1993
content:
14. —(1) Subsection (2) applies to a gift (by will or otherwise) — ( a ) which is contained in an instrument made or executed before 1 August 1993 but coming into effect on or after that date; and ( b ) which would, apart from this Act, have vested an interest in property (of any nature) in the Government for the purposes of the National Museum. (2) The gift is to, in the absence of any contrary intention expressed in that or another instrument made by the testator or donor, have effect so as to vest the interest in the Board in place of the Government.


document_id: nhba-1993
provision_ref: s15
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 15
title: Acquisition and disposal of objects
content:
15. —(1) The Board may acquire (whether by purchase, exchange or gift) any object which in its opinion is desirable to add to its collections. (2) Without affecting any power apart from this subsection, the Minister may transfer to the Board any object (whether or not the Minister acquired it before the Board’s establishment) if in the Minister’s opinion it would appropriately form part of its collections. (3) The Board may not dispose of an object of significant national or historical value, the property in which is vested in the Board and which is comprised in its collections, unless the object is — ( a ) a duplicate of another object the property in which is so vested and which is so comprised; or ( b ) in the Board’s opinion unsuitable for retention in its collections, and the disposal is done with the prior approval of the Minister and by way of sale, exchange or gift. (4) The Board may dispose of (by whatever means, including destruction) any object which the Board is satisfied has become useless for the purposes of its collections by reason of damage, physical deterioration or infestation by destructive organisms. (5) An object may be disposed of as mentioned in subsection (4) despite a trust or condition (express or implied) prohibiting or restricting the disposal of the object. (6) Money accruing to the Board by virtue of a disposal mentioned in this section must be applied by the Board in the acquisition of objects to be added to its collections.


document_id: nhba-1993
provision_ref: s16
chapter: PART 3 - NATIONAL MUSEUM OF SINGAPORE
section: 16
title: Lending and borrowing of objects
content:
16. —(1) Subject to subsection (2), the Board may lend any object the property in which is vested in the Board and which is comprised in its collections (whether or not the loan is for the purposes of public exhibition, and whether or not under the terms of the loan the object is to remain in Singapore). (2) In deciding whether or not to lend an object, and in determining the time for which and the conditions subject to which an object is to be lent, the Board — ( a ) must give special consideration to a request for the loan of an object for public exhibition; and ( b ) subject to paragraph ( a ), must have regard to the interests of students and other persons visiting the Board’s collections, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object and any risks to which it is likely to be exposed. (3) Where the property in an object has become vested in the Board subject to a condition, the power conferred by subsection (1) is exercisable in a manner inconsistent with the condition if either — ( a ) 25 years have elapsed since the date on which the property became vested in the Board; or ( b ) the person who first imposed the condition or his or her personal representatives have consented in writing to the exercise of the power in that manner. (4) The Board may accept loans of objects for the purpose, subject to the terms of the loan, of exhibiting them, or of study or research by the Board or by persons seeking to inspect them.


document_id: nhba-1993
provision_ref: s28
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 28
title: Chief executive officer
content:
28. —(1) There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: nhba-1993
provision_ref: s29
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 29
title: Appointment of staff
content:
29. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] 30. [ Repealed by Act 5 of 2018 ]


document_id: nhba-1993
provision_ref: s31
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 31
title: Funds and property of Board
content:
31. —(1) The funds and property of the Board include — ( a ) all moneys and property transferred to the Board under section 37; ( b ) all gifts, donations and contributions to the Board; ( c ) all moneys received by the Board by way of grants; ( d ) all fees, commissions, rents, interests, dividends and other income accruing to the Board; ( e ) all moneys borrowed by the Board under this Act; and ( f ) all moneys recovered or collected by the Board or any officer or employee of the Board (excluding sums collected for the composition of offences) under this Act or any other written law that is administered and enforced by the Board. [36/2021] (2) The Board may open and maintain an account or accounts with any bank or banks as the Board thinks fit. (3) The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (4) Subject to the terms of any trust or endowment, the funds and property of the Board must be applied solely for the purposes of or in connection with the performance of the functions, powers and duties of the Board under this Act.


document_id: nhba-1993
provision_ref: s32
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 32
title: Power to borrow
content:
32. —(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from any source that the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Board for the purchase of goods, materials or things.


document_id: nhba-1993
provision_ref: s32A
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 32A
title: Issue of shares, etc.
content:
32A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: nhba-1993
provision_ref: s33
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 33
title: Grants
content:
33. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may make grants to the Board of any sum of money that the Minister may determine out of moneys to be provided by Parliament.


document_id: nhba-1993
provision_ref: s34
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 34
title: Income of Board to be exempt from income tax, etc.
content:
34. The Board is deemed to be — ( a ) an institution specified in the First Schedule to, and under section 13(1)( e ) of, the Income Tax Act 1947; and ( b ) an institution of a public character approved under the Charities Act 1994.


document_id: nhba-1993
provision_ref: s35
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 35
title: Establishment of National Heritage Endowment Fund
content:
35. —(1) A fund called the National Heritage Endowment Fund is established, which vests in the Board and consists of — ( a ) all moneys received by the Board by gift, bequest or otherwise for the Fund; ( b ) any contributions to the Fund that the Minister may specify from moneys provided by Parliament; and ( c ) any other moneys that the Board may decide to transfer to the Fund. (2) Any interest, dividends and other income derived from the Fund must be credited to the general funds of the Board. (3) For the purposes of this section, “general funds of the Board” means the funds of the Board other than the Fund. (4) The Fund must not, except with the prior written approval of the Minister, be applied, disposed of or alienated otherwise than as specified in section 31(3) and (4).


document_id: nhba-1993
provision_ref: s36
chapter: PART 6 - FUNDS AND PROPERTY OF BOARD
section: 36
title: Financial year
content:
36. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: nhba-1993
provision_ref: s37
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 37
title: Transfer of assets and liabilities
content:
37. —(1) As from 1 August 1993, all movable property vested in the Government immediately before that date and used or managed by the National Museum, the National Archives and Records Centre or the Oral History Department, and all assets, rights, interests, liabilities and obligations of the Government relating to the National Museum, the National Archives and Records Centre or the Oral History Department are to be transferred to and vested in the Board without further assurance. (2) As from 1 August 1993, the Board controls and manages the National Museum which is to be known by such name as the Board thinks fit. (3) If any question arises as to whether any particular property, or whether any particular asset, interest, right, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, liability or obligation was or was not so transferred or vested.


document_id: nhba-1993
provision_ref: s38
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 38
title: Existing agreements, etc.
content:
38. All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before 1 August 1993, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Board under section 37(1) continue in force on and after that date and are enforceable by or against the Board as if, instead of the Government or a person acting on behalf of the Government, the Board had been named therein or had been a party thereto.


document_id: nhba-1993
provision_ref: s39
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 39
title: Pending legal proceedings
content:
39. Any proceedings or cause of action pending or existing immediately before 1 August 1993 by or against the Government or any person acting on behalf of the Government relating to the National Museum, the National Archives and Records Centre or the Oral History Department may be continued and must be enforced by or against the Board.


document_id: nhba-1993
provision_ref: s40
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 40
title: Transfer of employees
content:
40. —(1) As from 1 August 1993, such categories of persons employed immediately before that date in the National Museum, the National Archives and Records Centre and the Oral History Department as the Minister may determine must be transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if the person were still in the service of the Government.


document_id: nhba-1993
provision_ref: s41
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 41
title: Pension rights, etc., of Government employees to be preserved
content:
41. —(1) The terms and conditions of service of persons transferred to the service of the Board under section 40 must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by such persons while in the employment of the Government and any such term or condition relating to the length of service with the Board must provide for the recognition of service under the Government by persons so transferred to be service by them under the Board. (2) Nothing in the terms and conditions of service to be drawn up by the Board is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (3) In every case where a person has been transferred to the service of the Board under section 40, the Government is liable to pay the Board such portion of any gratuity, pension or allowance payable to such person on his or her retirement or otherwise leaving the service of the Board as the same shall bear to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board. (4) Where any person who is transferred to the service of the Board under section 40 is a contributor under the Widows’ and Orphans’ Pension Act 1904, he or she must, for the purposes of that Act, continue to make contributions under that Act as if he or she had not been transferred to the service of the Board and, for the purposes of that Act, his or her service with the Board is deemed to be service with the Government.


document_id: nhba-1993
provision_ref: s42
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 42
title: No benefits in respect of abolition or reorganisation of office
content:
42. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Board under section 40 is entitled to claim any benefit under the Pensions Act 1956 on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Board.


document_id: nhba-1993
provision_ref: s43
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 43
title: Continuation and completion of disciplinary proceedings
content:
43. —(1) Where on 1 August 1993, any disciplinary proceedings are pending against any person transferred to the service of the Board under section 40, any committee acting under due authority to hear or investigate the matter continues to exist, despite this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision (as the case may be) and the Government or committee must complete the hearing or investigation in accordance with the authority vested in the Government or committee immediately before that date and make such order, ruling or direction as the Government or committee could have made under the authority vested in it immediately before that date. (2) Any order, ruling or direction made or given by the Government or committee pursuant to this section is to be treated as an order, ruling or direction of the Board and have the same force or effect as if it had been made or given by the Board pursuant to the authority vested in the Board under this Act.


document_id: nhba-1993
provision_ref: s44
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 44
title: Misconduct or neglect of duty by employee before transfer
content:
44. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under section 40 for any misconduct or neglect of duty committed prior to 1 August 1993 which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the Government as if this Act had not been enacted.


document_id: nhba-1993
provision_ref: s45
chapter: PART 7 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 45
title: Interpretation of this Part
content:
45. In this Part, “National Archives and Records Centre” means the National Archives and Records Centre established under the repealed National Archives and Records Centre Act (Cap. 193, 1985 Revised Edition) in force immediately before 1 August 1993.


document_id: nhba-1993
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 46
title: Power to enter upon lands to conduct archaeological investigation
content:
46. —(1) Subject to this section, any person specifically authorised in writing by the Board, after giving not less than 24 hours’ notice in writing to the occupier of the land of his or her intention to enter the land and on production of his or her authority, if so required by or on behalf of the occupier, may enter for the purposes of archaeological investigation or examination at all reasonable times upon any land which the Board has reason to believe contains any ancient monument and may make excavations in the land. (2) No person may, under any power conferred by subsection (1), enter any dwelling house or any building, park, garden, pleasure ground or other land used for the amenity or convenience of a dwelling house except with the occupier’s consent. (3) No excavation may be made under the power conferred by subsection (1) except with the consent of every person whose consent to the making of the excavation would, apart from that subsection, be required. (4) Any power of entry under this section includes the power for any person entering any land in exercise of the power of entry to take with him or her any assistance or equipment reasonably required for the purpose to which his or her entry relates and to do there anything reasonably necessary for carrying out that purpose. (5) Without affecting subsection (4), where a person enters any land in exercise of any power of entry under this section for the purpose of carrying out any archaeological investigation or examination of the land, he or she may take and remove any samples of any description that appear to him or her to be reasonably required for the purpose of archaeological analysis. (6) Where a person enters any land in exercise of any power of entry under this section for the purpose of carrying out any archaeological investigation or examination of the land, he or she may take temporary custody of any object of archaeological or historical interest discovered during the course of the excavations carried out for that purpose, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it. (7) The Board or other person by or on whose behalf the power of entry was exercised may not retain the object without the owner’s consent beyond the period that may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Board or to that person to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object. (8) Nothing in this section affects any right of the Government in relation to treasure trove. (9) Any person who wilfully obstructs or hinders any person in the exercise of the powers conferred by this section 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 one year or to both. (10) In this section — “ancient monument” means any monument which, in the opinion of the Board, is of public interest by reason of the historic, cultural, traditional, archaeological, architectural, artistic or symbolic significance attaching to it; “monument” has the meaning given by section 2 of the Preservation of Monuments Act 2009. [36/2021] (11) For the purposes of this section, “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and includes in the case of an archaeological investigation of any land — ( a ) any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and ( b ) examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavation or inspection carried out for the purposes of any such investigation. (12) For the purposes of this section, an archaeological examination of any land means any examination or inspection of the land (including any buildings or other structures on the land) for the purpose of obtaining and recording any information of archaeological or historical interest.


document_id: nhba-1993
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 47
title: Board’s symbol
content:
47. —(1) The Board has the exclusive right to the use of any symbol or representation that it may select or devise and to display or exhibit in connection with its activities or affairs. (2) A person who, without the permission of the Board, uses a symbol or representation identical with that of the Board or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, 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 one year or to both.


document_id: nhba-1993
provision_ref: s47A
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 47A
title: Preservation of secrecy
content:
47A. —(1) Except for the purpose of the performance of his or her functions or the discharge of his or her duties or when lawfully required to do so by any court or where required or allowed by the provisions of this Act or any written law, no person who is or has been — ( a ) a member, an officer, an employee or an agent of the Board; or ( b ) a member of a committee appointed by the Board under this Act or any written law administered by the Board, may disclose any information relating to the affairs of the Board or of any other person which has been obtained by him or her in the performance of his or her functions or the discharge of his or her duties. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: nhba-1993
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 48
title: Immunity of Board and its employees, etc.
content:
48. No suit or other legal proceedings shall lie against the Board, any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or the Preservation of Monuments Act 2009.


document_id: nhba-1993
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 49
title: Regulations
content:
49. —(1) The Board may, with the approval of the Minister, make regulations for any matter which may be prescribed under this Act and generally for the better carrying out of the objects and purposes of this Act. (2) Without limiting subsection (1), the regulations may — ( a ) provide for the use, custody, preservation, reproduction, removal, destruction and disposal of the objects and other documents under this Act; ( b ) provide for regulating the conduct of persons on any land or building owned by, or under the control of, the Board; ( c ) prescribe the forms, fees or registers for the purposes of this Act; and ( d ) provide for the exemption from the payment, in whole or in part, of any fee under this Act.


document_id: nhba-1993
provision_ref: s50
chapter: PART 8 - MISCELLANEOUS PROVISIONS
section: 50
title: Transitional provisions
content:
50. —(1) Any scheme, contract, document, certificate, licence, permission or resolution prepared, made, granted or approved under the repealed National Archives and Records Centre Act (Cap. 193, 1985 Revised Edition) shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, made, granted or approved under this Act. (2) Any subsidiary legislation made under the repealed National Archives and Records Centre Act (Cap. 193, 1985 Revised Edition) and in force immediately before 1 August 1993 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked by subsidiary legislation made under this Act.


document_id: nlba-1995
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the National Library Board established under section 3; “Chairperson” means the Chairperson of the Board and includes any temporary Chairperson of the Board; “chief executive officer” means the chief executive officer of the Board and includes any person acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Board and includes any temporary Deputy Chairperson of the Board; “Fund” means the National Library Board Endowment Fund established under section 34; “library information service” means any information service provided and managed in conjunction with a library or library service; “library materials” means — ( a ) any book, periodical, newspaper, pamphlet, musical score, map, chart, plan, picture, photograph or matter, in printed or electronic form; ( b ) any visual image (including a computer‑generated image) or sound, or aggregate of visual images or sounds or both, or data — (i) embodied in or recorded on a film (including a microfilm or a microfiche), negative, tape, disc, sound track or other device or thing, so as to be capable (with or without the aid of some other equipment) of being reproduced from it; or (ii) transmitted by electronic means; and ( c ) any online material made available on a Singapore website; “member” means a member of the Board; “National Archives” means the National Archives of Singapore transferred by the Statutes (Miscellaneous Amendments) (No. 2) Act 2012 to the Board and administered in accordance with Part 2A; “National Heritage Board” means the National Heritage Board established under section 3 of the National Heritage Board Act 1993; “online material” means any writing, visual image, video, sound recording or data accessible to the public generally, through the Internet on a website; “printed”, in relation to books or other materials, means produced by printing, lithography, duplication or any other like process, and “printer” has a corresponding meaning; “public archives” means those public records that — ( a ) are more than 25 years old; ( b ) are specified by the Board as being of national or historical significance; and ( c ) have been transferred to the Board or to any other place that the Board may determine; “public office” means any department, office, institution, agency, commission, board, local authority or statutory body or any other office of the Government or branch or subdivision thereof, and any other body that the President may, by notification in the Gazette , declare to be a public office; “public records” means papers, documents, records, registers, printed materials, books, maps, plans, drawings, photographs, microforms, videotapes, films, machine‑readable and electronic records, sound recordings and other forms of records of any kind, that are produced or received by any public office in the transaction of official business, or by any officer in the course of his or her official duties, and includes public archives; “publicly funded libraries” means all libraries owned by the Government or any statutory body and such other libraries which are, directly or indirectly, funded by the Government (whether fully or partially) as the Board may determine; “published in Singapore”, in relation to library materials other than online material, means produced and released in Singapore for sale or public distribution; “publisher” means any person who arranges for any library material to be published in Singapore; “Singapore website” means — ( a ) any website, the country code top level domain of which is associated with Singapore; or ( b ) any prescribed website or electronic service associated with Singapore. [30/2018]


document_id: nlba-1995
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 3
title: Establishment of National Library Board
content:
3. A body called the National Library Board is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding, developing and disposing of property, both movable and immovable; and ( c ) doing and suffering all such acts or things as bodies corporate may lawfully do or suffer.


document_id: nlba-1995
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 4
title: Common seal
content:
4. —(1) The Board must have a common seal which must be kept in such custody as the Board thinks fit. (2) All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board and every document to which the common seal is affixed must be signed by any 2 members of the Board generally or specially authorised by the Board for the purpose or by one member so authorised and the chief executive officer. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: nlba-1995
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of — ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 10 but not more than 20 other members as the Minister may determine. (2) The Schedule has effect with respect to the Board, its members and proceedings.


document_id: nlba-1995
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 6
title: Functions of Board
content:
6. The functions of the Board are — ( a ) to establish and maintain libraries and to provide library information services; ( b ) to promote reading and encourage learning through the use of libraries and their services; ( c ) to provide a repository for library materials published in Singapore; ( d ) to acquire and maintain a comprehensive collection of library materials relating to Singapore and its people; ( e ) to establish standards for the training of library personnel in Singapore; ( f ) to provide advisory and consultancy services concerning libraries and library information services; ( g ) to compile and maintain a national union catalogue and a national bibliography; ( h ) to advise the Government on national needs and policies in respect of matters relating to publicly funded libraries and library information services in Singapore; ( i ) to provide a permanent repository of records of national or historical significance and to facilitate access to those records; ( j ) to conduct records management programmes for the Government; and ( k ) to record, preserve and disseminate the history of Singapore through oral history methodology or other means.


document_id: nlba-1995
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 7
title: Powers of Board
content:
7. —(1) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), the powers of the Board include power — ( a ) to develop and manage libraries established by the Board; ( b ) to develop a computer network of libraries in Singapore; ( c ) to define, develop and implement the national collection policy and strategy, and appoint different libraries and centres to collect library materials on different subject areas of importance and interest to Singapore; ( d ) to coordinate and facilitate access to library materials in all publicly funded libraries; ( e ) to obtain and provide information on the resources and services of libraries in Singapore; ( f ) to take appropriate measures to maintain and preserve library materials deposited with the Board under section 10 or otherwise acquired by the Board; ( g ) to make copies of any online material made available on a Singapore website, at the times and in the manner the Board considers appropriate; ( h ) to establish liaison with other library authorities and information providers and other archives and oral history centres (foreign or otherwise) to secure maximum collaboration of all activities relevant to the Board’s functions; ( i ) to undertake or sponsor programmes for the training of persons in the profession and skills involved in the operations of libraries, archives and oral history centres; ( j ) to arrange for or provide professional and technical services in connection with libraries on such terms and conditions as the Board may determine; ( k ) to undertake and facilitate research on libraries, librarianship, archival work and oral history; ( l ) to raise funds by all lawful means and to receive gifts and donations, whether on trust or otherwise; ( m ) to extend grants, contributions or loans to any person or organisation connected with the national literary heritage or library development in Singapore for purposes consistent with the provisions of this Act; ( n ) to enter into contracts and establish trusts; ( o ) to enter into joint ventures with any person or organisation, or form or participate in the formation of a company; ( p ) to provide or undertake publicity in any form; and ( q ) to charge fees, commissions or rent for any services or facilities provided by the Board. [30/2018]


document_id: nlba-1995
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 8
title: Directors and advisory committees for libraries
content:
8. The Board may appoint directors for the general management and control of the libraries it has established and may also appoint advisory committees to advise on the operations and services of those libraries.


document_id: nlba-1995
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 9
title: Appointment of committees and delegation of powers
content:
9. —(1) The Board may appoint, from among its own members or other persons who are not members of the Board, any number of committees that it may think fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restrictions that it may think fit, delegate to any such committee or to any member, officer or employee of the Board, any of the functions or powers of the Board under this Act. [5/2018]


document_id: nlba-1995
provision_ref: s10
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 10
title: Deposit of library materials
content:
10. —(1) Except as otherwise provided by regulations, the publisher of every library material (other than online material) published in Singapore must, at the publisher’s own expense — ( a ) subject to paragraph ( b ), deposit 2 copies of that library material with the Board at a place determined by the Board within 4 weeks after the date of first publication; and ( b ) where the library material is in electronic form, deposit a copy of that library material with the Board in the form and manner determined by the Board, free of any technological or other restriction on access, within 4 weeks after the date of first publication. [30/2018] (2) The Board may by regulations made under section 47 prescribe — ( a ) the library materials which are not required to be deposited with the Board; and ( b ) the quality and the format of the copies of library materials required to be deposited, and the manner in which they must be deposited. [30/2018] (3) Every publisher of any library material who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: nlba-1995
provision_ref: s11
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 11
title: Establishment of national union catalogue
content:
11. —(1) All publicly funded libraries must contribute their cataloguing and holding records, whether original or derived from other sources, towards the establishment of an up‑to‑date national union catalogue. (2) The Board may by regulations made under section 47 prescribe — ( a ) the standard and the format of the cataloguing and holding records required to be sent to the Board; and ( b ) the frequency of updating the cataloguing and holding records in the national union catalogue. [30/2018]


document_id: nlba-1995
provision_ref: s12
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 12
title: Participation in interlibrary loan scheme
content:
12. All publicly funded libraries must participate in such scheme for interlibrary loan and interlibrary information services as may be established by the Board in consultation with such libraries.


document_id: nlba-1995
provision_ref: s13
chapter: PART 2 - ESTABLISHMENT, CONSTITUTION, FUNCTIONS
section: 13
title: Directions by Minister
content:
13. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must give the Minister such information with regard to its property and activities as the Minister may require. [14


document_id: nlba-1995
provision_ref: s14
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 14
title: National Archives of Singapore
content:
14. —(1) On 28 March 2013, the National Archives of Singapore in which records of national or historical significance are preserved is transferred from the National Heritage Board to the Board. (2) The Board — ( a ) must examine the public records in any public office and advise that office as to their care and custody; ( b ) must take necessary measures to classify, identify, preserve and restore public records; ( c ) must make known information concerning archives by any means, including publications, exhibitions and heritage promotional activities; ( d ) must conduct a records management programme for the efficient creation, utilisation, maintenance, retention, preservation and disposal of public records; ( e ) must advise public offices concerning standards and procedures pertaining to the management of public records; ( f ) may provide information, consultation, research and other services related to archives; ( g ) may, subject to the terms and conditions (if any) on which the public archives were acquired, reproduce or publish any public archives; and ( h ) may acquire by purchase, donations, bequest or otherwise any document, book or other material which, in the opinion of the Board, is or is likely to be of national or historical significance. [14A


document_id: nlba-1995
provision_ref: s15
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 15
title: Appointment of Director of National Archives
content:
15. —(1) The Board must appoint an officer of the Board as the Director of National Archives, who is responsible to the Board for the general management and control of the National Archives. (2) The Director of National Archives, and any person acting on behalf or under the direction of the Director of National Archives, must, with respect to access to public records, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to the public records. (3) To avoid doubt, where an oath of secrecy is required to be taken under subsection (2), a person may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to — ( a ) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; and ( b ) confirm the identity of the person taking the oath and any interpreter present. [Act 25 of 2023 wef 01/12/2023] [14B


document_id: nlba-1995
provision_ref: s16
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 16
title: Transfer of public records to National Archives
content:
16. Any public records which, in the opinion of the Board, are of national or historical significance must be transferred to the care and control of the National Archives in accordance with such schedules or other agreements for the transfer of records as may be agreed on between the Board and the public office responsible for the public records. [14C


document_id: nlba-1995
provision_ref: s17
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 17
title: Destruction or disposal of public records only on authority of Board
content:
17. —(1) A person must not, without the authorisation of the Board under subsection (4), destroy or otherwise dispose of, or authorise the destruction or disposal of, any public records which are in the person’s possession or under the person’s control. (2) Any person intending to destroy or dispose of, or to authorise the destruction or disposal of, any public records must first notify the Board of that intention and must, in the person’s notification, specify the nature of the public records in question. (3) The Board may inspect any public records specified in any notification under subsection (2) and must, if it requires those records to be made available to it, inform the person making the notification of that requirement, and the public records must be made available to the Board. (4) The Board may authorise the destruction of any specified classes of public records which by reason of their number, kind or routine nature do not in its opinion possess any enduring value for preservation as public archives. [14D


document_id: nlba-1995
provision_ref: s18
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 18
title: Inspection of public records and recordings
content:
18. —(1) Except with the written authority of the Director of National Archives, a person who is not an officer of the National Archives must not inspect any public records or recordings that are not made available to the public under subsection (2). (2) Any person may, for the purpose of reference or research, inspect any public archives or recordings made available to the public subject to — ( a ) any conditions or restrictions imposed with the authority of the public office from which the public archives were acquired or the producer or distributor which provided the recordings, as the case may be; and ( b ) any conditions that the Director of National Archives may consider necessary for their preservation. (3) The National Archives are to be open for the inspection of public records during such hours as the Board may determine. (4) In this section, “recording” means any recording deposited with the Board under section 22. [14E


document_id: nlba-1995
provision_ref: s19
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 19
title: Certified copy of public records
content:
19. Any copy of a public record which is certified by the Director of National Archives as a true copy of the original document is admissible in a court of law. [14F


document_id: nlba-1995
provision_ref: s20
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 20
title: Reproduction of public records and recordings
content:
20. —(1) A person must not publish or reproduce the whole or any part of the contents of any public records which have been transferred to the National Archives or of any recording which has been deposited under section 22 except with the written consent of the Director of National Archives and in accordance with any conditions or restrictions that may be imposed with the authority of — ( a ) the public office from which the public records were acquired; or ( b ) the producer or distributor which provided the recordings, as the case may be. (2) Any person who contravenes subsection (1) 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 12 months or to both. (3) Nothing in this section is to be construed as affecting or extending the law relating to copyright. [14G


document_id: nlba-1995
provision_ref: s21
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 21
title: Prohibition of export, etc., of public records
content:
21. —(1) A person must not — ( a ) without the written permission of the Board, take or send out of Singapore any public records; ( b ) write on, mark, inscribe or otherwise deface any public records; or ( c ) mutilate, excise or otherwise damage any public records. (2) Any person who contravenes subsection (1) 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 12 months or to both. [14H


document_id: nlba-1995
provision_ref: s22
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 22
title: Deposit of certain recordings
content:
22. —(1) The producer or distributor of a recording must, within 6 months after a request in writing is made by the Board, provide (without charge) the Board with a copy of the recording in such form as may be specified in the request. (2) Any person who fails to comply with subsection (1) 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 12 months or to both. (3) This section does not apply to or in respect of — ( a ) a recording that has not been broadcast or made public in Singapore; or ( b ) any recording of a class or kind that is exempted from the application of this section by any regulations that the Minister may make for the purpose. (4) In this section, “recording” means anything in which sounds are embodied or on which images are fixed or both, regardless of form. [14I


document_id: nlba-1995
provision_ref: s23
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 23
title: Oral history centres
content:
23. —(1) The Board may, in addition to any oral history centre transferred under section 24, establish any other oral history centre for the purposes of this Act. (2) The purposes of any oral history centre transferred to the Board under section 24 or established by the Board under this section are — ( a ) to collect, document and disseminate information on the history of Singapore through oral history methodology or other means; ( b ) to interview persons who have influenced or participated in the history of Singapore, to preserve these interviews and to produce transcripts of selected interviews; ( c ) to preserve and care for the recordings and transcripts of such interviews; ( d ) to allow access to the recordings and transcripts of such interviews to persons seeking to inspect them in connection with study or research subject to any conditions or restrictions imposed by the interviewee or the Board; and ( e ) to disseminate information on the collection and work of the centre by any means, including publications, audiovisual educational packages, exhibitions, consultations, research and heritage promotional activities. [14J


document_id: nlba-1995
provision_ref: s24
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 24
title: Transfer of archive undertakings, etc., from National Heritage Board
content:
24. —(1) All the lands, buildings and other property, movable or immovable, vested in the National Heritage Board immediately before 28 March 2013 (called in this section the transfer date) for the purposes of — ( a ) the National Archives; or ( b ) any oral history centre established by the National Heritage Board, and all assets, powers, interests, rights, privileges, debts, liabilities and obligations of the National Heritage Board relating to paragraph ( a ) or ( b ) become, on the transfer date, by virtue of this section and without further assurance, the property, assets, powers, interests, rights, privileges, debts, liabilities and obligations of the Board. (2) Every agreement relating to any of the properties, assets, interests, rights, privileges, liabilities or obligations transferred under subsection (1) and to which the National Heritage Board was a party immediately before the transfer date, whether or not of such nature that the rights and liabilities could be assigned, has effect as from that date as if — ( a ) the Board had been a party to such an agreement; and ( b ) for any reference to the National Heritage Board there were substituted in respect of anything to be done on or after the transfer date a reference to the Board. (3) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister charged with the responsibility for finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (4) Any proceedings or cause of action pending or existing immediately before the transfer date by or against the National Heritage Board relating to the National Archives or any oral history centre transferred under subsection (1) may be continued and are to be enforced by or against the Board. (5) The operation of subsections (1), (2) and (3) is not to be regarded — ( a ) as a breach of contract or confidence or otherwise as a civil wrong; ( b ) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; ( c ) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability; or ( d ) as an event of default under any contract or other legal instrument. (6) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the National Heritage Board is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, assets, interests, rights, privileges, liabilities or obligations comprised in the undertaking transferred under subsection (1) is deemed by this Act to have been waived. (7) No attornment to the Board by a lessee from the National Heritage Board is required. [14K


document_id: nlba-1995
provision_ref: s25
chapter: PART 2A - NATIONAL ARCHIVES OF SINGAPORE
section: 25
title: Transfer of employees from National Heritage Board, etc.
content:
25. —(1) On 28 March 2013 (called in this section the transfer date), such categories of persons employed by the National Heritage Board immediately before that date in — ( a ) the National Archives; or ( b ) any oral history centre established by the National Heritage Board, as the Minister may determine are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the National Heritage Board continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the service of the National Heritage Board. (3) The terms and conditions of employment to be drawn up by the Board — ( a ) must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under this section while in the employment of the National Heritage Board; ( b ) in the case of any such term or condition relating to the length of service with the Board, must provide for the recognition of service under the National Heritage Board by the persons so transferred as service by them under the Board; and ( c ) must not adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before the transfer date to which the National Heritage Board is a party and relating to any person transferred to the service of the Board under subsection (1) continue in force on and after that date and are enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the National Heritage Board. (5) Any proceedings or cause of action relating to any employee transferred to the service of the Board under subsection (1) pending or existing immediately before the transfer date by or against the National Heritage Board, or any person acting on its behalf, may be continued and are to be enforced by or against the Board. (6) Where on the transfer date — ( a ) any disciplinary proceedings were pending against any employee of the National Heritage Board transferred to the service of the Board under subsection (1), the proceedings are to be carried on and completed by the Board; and ( b ) any matter was in the course of being heard or investigated or had been heard or investigated by a committee of the National Heritage Board acting under due authority but no order, ruling or decision had been made thereon, the committee is to complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date. (7) Any order, ruling or direction made by such a committee pursuant to subsection (6) is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act. (8) The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under subsection (1) for any misconduct or neglect of duty committed before the transfer date which would have rendered that person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if that person had continued to be in the employment of the National Heritage Board and if this Act had not been enacted. (9) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this section of any employee of the National Heritage Board to the Board. (10) Notwithstanding any other written law or any contract, no person who is transferred from the National Heritage Board to the service of the Board under subsection (1) is entitled to claim any benefit under that written law or contract for termination of his or her service on the ground of redundancy or abolition of his or her office in consequence of the transfer of the National Archives or any oral history centre from the National Heritage Board to the Board. (11) Except as otherwise provided in this section, nothing in subsection (1) prevents the terms and conditions of a transferred employee’s employment on or after the transfer date from being varied in accordance with those terms and conditions, or by or under any written law, or an award, a determination or an agreement; and “vary”, in relation to terms and conditions of service, includes omitting any of those terms and conditions, adding to those terms and conditions, or substituting new terms and conditions for any of those terms and conditions. (12) In every case where a person transferred to the service of the Board under this section is also a person transferred from the employment of the Government to the National Heritage Board under section 40 of the National Heritage Board Act 1993, the Government and the National Heritage Board are each liable to pay the Board such portion of any gratuity, pension or allowance payable under the Pensions Act 1956 to such person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government and the National Heritage Board, respectively, bears to the aggregate amount of his or her pensionable emoluments during his or her total service under the Government, the National Heritage Board and the Board. [14L


document_id: nlba-1995
provision_ref: s26
chapter: PART 3 - PROVISIONS RELATING TO STAFF
section: 26
title: Chief executive officer
content:
26. —(1) There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [15 [5/2018]


document_id: nlba-1995
provision_ref: s27
chapter: PART 3 - PROVISIONS RELATING TO STAFF
section: 27
title: Appointment of staff
content:
27. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [16 [5/2018]


document_id: nlba-1995
provision_ref: s28
chapter: PART 4 - FINANCIAL PROVISIONS
section: 28
title: Funds of Board
content:
28. The funds of the Board consist of — ( a ) all moneys received by the Board by way of grants; ( b ) all gifts, donations and contributions to the Board; ( c ) all fees, commissions, rents, interests, dividends and other income accruing to the Board; ( d ) all moneys borrowed by the Board under this Act; and ( e ) all other moneys lawfully received by the Board for the purposes of the Board. [18


document_id: nlba-1995
provision_ref: s29
chapter: PART 4 - FINANCIAL PROVISIONS
section: 29
title: Bank accounts and application of moneys
content:
29. —(1) The Board may open and maintain an account or accounts with such bank or banks as the Board thinks fit and every such account must be operated as far as practicable by cheque signed by such person or persons authorised to do so by the Board. (2) The moneys of the Board must be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payments that the Board is authorised or required to make. [19


document_id: nlba-1995
provision_ref: s30
chapter: PART 4 - FINANCIAL PROVISIONS
section: 30
title: Power of investment
content:
30. The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [20


document_id: nlba-1995
provision_ref: s31
chapter: PART 4 - FINANCIAL PROVISIONS
section: 31
title: Power to borrow
content:
31. The Board may from time to time for the purposes of this Act raise loans from the Government or, with the consent of the Minister, from any other source. [21


document_id: nlba-1995
provision_ref: s32
chapter: PART 4 - FINANCIAL PROVISIONS
section: 32
title: Issue of shares, etc.
content:
32. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct. [21A


document_id: nlba-1995
provision_ref: s33
chapter: PART 4 - FINANCIAL PROVISIONS
section: 33
title: Grants
content:
33. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may from time to time make grants to the Board of such sums of money as the Minister may determine out of moneys to be provided by Parliament. [22


document_id: nlba-1995
provision_ref: s34
chapter: PART 4 - FINANCIAL PROVISIONS
section: 34
title: Establishment of National Library Board Endowment Fund
content:
34. —(1) A fund called the National Library Board Endowment Fund is established, which vests in the Board and consists of — ( a ) all moneys received by the Board by gifts, bequests or otherwise for the Fund; ( b ) any contributions to the Fund that the Minister may specify from moneys provided by Parliament; and ( c ) any other moneys that the Board may decide to transfer to the Fund. (2) The income of the Fund is to be applied for all or any of the following purposes: ( a ) the provision of training programmes and scholarships for librarians and persons working in libraries; ( b ) the delivery of lectures by distinguished persons in the field of library and information science; ( c ) the sponsorship of major library promotional programmes; ( d ) the financing of research on reading and librarianship; ( e ) any other purposes consistent with this Act that the Board may decide. [23


document_id: nlba-1995
provision_ref: s35
chapter: PART 4 - FINANCIAL PROVISIONS
section: 35
title: Financial year
content:
35. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year. [24 [5/2018]


document_id: nlba-1995
provision_ref: s36
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 36
title: Transfer of assets and liabilities
content:
36. —(1) As from 1 September 1995, all movable property vested in the Government immediately before that date and used or managed by the National Library and all assets, rights, interests, liabilities and obligations of the Government relating to the National Library are transferred to and vest in the Board without further assurance. (2) As from 1 September 1995, the Board controls and manages all the libraries which are under the control of the National Library. (3) If any question arises as to whether any particular property, or whether any particular asset, right, interest, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, right, interest, liability or obligation was or was not so transferred or vested. [25


document_id: nlba-1995
provision_ref: s37
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 37
title: Existing agreements, etc.
content:
37. All deeds, bonds, agreements, instruments and arrangements, subsisting immediately before 1 September 1995, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Board under section 36(1) continue in force on and after that date and are enforceable by or against the Board as if, instead of the Government or a person acting on behalf of the Government, the Board had been named therein or had been a party thereto. [26


document_id: nlba-1995
provision_ref: s38
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 38
title: Pending legal proceedings
content:
38. Any proceedings or cause of action pending or existing immediately before 1 September 1995 by or against the Government or any person acting on behalf of the Government relating to the National Library may be continued and enforced by or against the Board. [27


document_id: nlba-1995
provision_ref: s39
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 39
title: Transfer of employees
content:
39. —(1) As from 1 September 1995, such categories of persons employed immediately before that date in the National Library as the Minister may determine are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the service of the Government. [28


document_id: nlba-1995
provision_ref: s40
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 40
title: Pension rights, etc., of Government employees to be preserved
content:
40. —(1) The terms and conditions of service of persons transferred to the service of the Board under section 39 must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by such persons while in the employment of the Government and any such term or condition relating to the length of service with the Board must provide for the recognition of service under the Government by persons so transferred to be service by them under the Board. (2) Nothing in the terms and conditions of service to be drawn up by the Board adversely affects the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (3) In every case where a person has been transferred to the service of the Board under section 39, the Government is liable to pay the Board such portion of any gratuity, pension or allowance payable to that person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board. [29


document_id: nlba-1995
provision_ref: s41
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 41
title: No benefits in respect of abolition or reorganisation of office
content:
41. Notwithstanding the provisions of the Pensions Act 1956, no person who is transferred to the service of the Board under section 39 is entitled to claim any benefit under the Pensions Act 1956 on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Board. [30


document_id: nlba-1995
provision_ref: s42
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 42
title: Continuation and completion of disciplinary proceedings
content:
42. —(1) Where on 1 September 1995, any disciplinary proceedings are pending against any person transferred to the service of the Board under section 39, any committee acting under due authority to hear or investigate the matter continues to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision (as the case may be), and the Government or committee is to complete the hearing or investigation in accordance with the authority vested in the Government or committee immediately before that date and make such order, ruling or direction as the Government or committee could have made under the authority vested in it immediately before that date. (2) Any order, ruling or direction made or given by the Government or committee pursuant to this section is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made or given by the Board pursuant to the power vested in the Board under this Act. [31


document_id: nlba-1995
provision_ref: s43
chapter: PART 5 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 43
title: Misconduct or neglect of duty by employee before transfer
content:
43. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under section 39 for any misconduct or neglect of duty committed prior to 1 September 1995 which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted. [32


document_id: nlba-1995
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 44
title: Board’s symbol
content:
44. —(1) The Board has the exclusive right to use such symbol or representation as it may select or devise and display or exhibit in connection with its activities or affairs. (2) A person who, without the permission of the Board, uses a symbol or representation identical with that of the Board or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, 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. [33


document_id: nlba-1995
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 45
title: Composition of offences
content:
45. —(1) The chief executive officer, or an officer or employee of the Board authorised in writing by the Board, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. [30/2018] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [30/2018] (3) All sums collected under this section must be paid into the Consolidated Fund. [33A [30/2018]


document_id: nlba-1995
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 46
title: Protection from personal liability
content:
46. No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act. [34


document_id: nlba-1995
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 47
title: Regulations
content:
47. —(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act and for prescribing any matter which may be prescribed under this Act. (2) Without limiting subsection (1), the regulations may — ( a ) provide for the use of its libraries and library buildings and of their contents, fittings and furniture, and for protecting them from injury, destruction or misuse; ( b ) require from any persons using its libraries a guarantee or security against the loss of, or injury to, any library materials belonging to the libraries; ( c ) provide for the use, custody, preservation, reproduction, removal, destruction and disposal of public records and other documents under this Act; ( d ) provide for regulating the taking of oral history recordings and transcripts; ( e ) enable the officers or employees of the Board to exclude or remove from its libraries, library buildings, the National Archives, any oral history centre or any other land or building owned by or under the control of the Board persons committing any offence under this Act or any of its regulations; ( f ) provide for the preservation of order and the prevention of nuisance in any library, library building, the National Archives, any oral history centre or any other land or building owned by or under the control of the Board; ( g ) fix the days and times of admission to its libraries; ( h ) provide for the admission of vehicles to the grounds of its libraries and the regulation of traffic in those grounds; ( i ) prescribe the charges for the damage, loss or late return of borrowed library materials and for the waiving or refund of those charges; and ( j ) prescribe that any act or omission in contravention of the provisions of any regulations made under this Act shall be an offence and imposing penalties for those offences, which penalties shall not exceed a fine of $5,000. [35 [30/2018]


document_id: nlba-1995
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 48
title: Transitional provision
content:
48. Any scheme, contract, document, certificate, licence, permission or resolution prepared, made, granted or approved under the repealed National Library Act (Cap. 197, 1985 Revised Edition) continues and is, so far as it is not inconsistent with the provisions of this Act, deemed to have been prepared, made, granted or approved under this Act. [36


document_id: nma-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accredited” means accredited by the Board; “Advanced Practice Nurse” means a registered nurse who is certified as an Advanced Practice Nurse under section 32; “appointed member” means a member appointed under section 3(2)( d ); “Board” means the Singapore Nursing Board established under section 3; “certificate of enrolment” means a certificate of enrolment granted under section 17; “certificate of registration” means a certificate of registration granted under section 17; “Complaints Committee” means a Complaints Committee appointed under section 37; “enrolled” means enrolled under section 14, 15 or 16, and “enrol”, “enrolling” and “enrolment” have corresponding meanings; “enrolled nurse” means a person who is enrolled as an enrolled nurse, and includes a person who is deemed to be enrolled as an enrolled nurse under section 46(2); “medical practitioner” means a person registered under the Medical Registration Act 1997; “member” means a member of the Board; “practising certificate” means a practising certificate issued by the Board under section 18; “Register” means the Register of Nurses or Register of Midwives kept under section 13 (as the case may be) or both the Register of Nurses and the Register of Midwives; “registered” means registered under section 14, 15 or 16, and “register”, “registering” and “registration” have corresponding meanings; “registered midwife” means a person who is registered as a registered midwife, and includes a person who is deemed to be registered as a registered midwife under section 46(3); “registered nurse” means a person who is registered as a registered nurse, and includes a person who is deemed to be registered as a registered nurse under section 46(1); “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; “Roll” means the Roll of Nurses kept under section 13. [5/2018]


document_id: nma-1999
provision_ref: s3
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 3
title: Establishment and membership of Board
content:
3. —(1) A body called the Singapore Nursing Board is established, which is a body corporate with perpetual succession and a common seal. (2) The Board consists of the following members: ( a ) the Director‑General of Health or his or her representative; [Act 11 of 2023 wef 01/05/2023] ( b ) the Director-General of Education or his or her representative; ( c ) the Chief Nursing Officer; ( d ) 14 other members to be appointed by the Minister, of whom at least — (i) 9 must be registered or enrolled nurses with at least 5 years’ experience in the practice of nursing; and (ii) 2 must be registered midwives with at least 5 years’ experience in the practice of midwifery. (3) Only a citizen or permanent resident of Singapore may be appointed as a member. (4) An appointed member holds office for a term of 3 years or such shorter period as the Minister may in any case determine, and is eligible for re‑appointment at the end of his or her term of office.


document_id: nma-1999
provision_ref: s4
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 4
title: Removal of appointed member from office
content:
4. The Minister may remove an appointed member from office if the member — ( a ) is an undischarged bankrupt; ( b ) has been found guilty in Singapore or elsewhere of professional misconduct; ( c ) has been convicted in Singapore or elsewhere of an offence involving dishonesty, fraud or moral turpitude; ( d ) is unable to satisfactorily carry out the duties of his or her office because of a mental or physical disability; or ( e ) is absent without leave of the Board from 3 consecutive meetings of the Board or any of its committees.


document_id: nma-1999
provision_ref: s5
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 5
title: Vacancy in Board
content:
5. —(1) The office of an appointed member becomes vacant if — ( a ) the member dies; ( b ) the member’s term of office expires; ( c ) the member resigns by written notice to the Minister; ( d ) the member ceases to satisfy the qualifications referred to in section 3 by virtue of which the member was eligible for appointment; or ( e ) the member is removed from office under section 4. (2) Upon the office of an appointed member becoming vacant, the Minister must appoint a person to the vacant office, and the person so appointed holds office for the remainder of the term for which the person’s predecessor would have held office if the vacancy had not occurred. (3) The Board may act despite any vacancy in the Board. (4) No act done by or by the authority of the Board is invalid in consequence of any defect that is afterwards discovered in the appointment of the members or any of them.


document_id: nma-1999
provision_ref: s6
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 6
title: Chairperson of Board
content:
6. —(1) The Minister must appoint one of the members as the Chairperson of the Board. (2) The Chairperson of the Board presides at any meeting of the Board and, in the Chairperson’s absence, a member whom the members present may elect presides at that meeting.


document_id: nma-1999
provision_ref: s7
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 7
title: Meetings and quorum
content:
7. —(1) At any meeting of the Board, 7 members form a quorum. (2) Any decision at a meeting of the Board is to be adopted by a simple majority of the votes of the members present and voting and, in the case of an equality of votes, the member presiding at that meeting has a casting vote. (3) Subject to this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own procedure. [5/2018]


document_id: nma-1999
provision_ref: s8
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 8
title: Functions of Board
content:
8. The functions of the Board are — ( a ) to approve or reject applications for registration and enrolment of nurses and for registration of midwives; ( b ) to approve or reject applications for certification of Advanced Practice Nurses; ( c ) to issue practising certificates; ( d ) to accredit — (i) courses in Singapore for the purposes of registration and enrolment of nurses, registration of midwives and certification of Advanced Practice Nurses; (ii) courses in Singapore which provide qualifications in nursing or midwifery in addition to those required for registration and enrolment; and (iii) the institutions in Singapore offering any of these courses; ( e ) to regulate standards for the training and education of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses; ( f ) to regulate the standards and scope of practice of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses; ( g ) to regulate the professional conduct and ethics of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses; and ( h ) generally to do all such acts, matters and things as are necessary or authorised to be carried out under this Act.


document_id: nma-1999
provision_ref: s9
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 9
title: Appointment of executive secretary and other employees
content:
9. The Board may appoint an executive secretary and such other employees on such terms as the Board may determine.


document_id: nma-1999
provision_ref: s10
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 10
title: Appointment of committees
content:
10. —(1) The Board may appoint one or more committees for any general or special purpose which, in the opinion of the Board, may be better dealt with or managed by a committee. (2) The Board may delegate to any committee so appointed, with or without restrictions or conditions as the Board thinks fit, any of the powers or functions which may be exercised or performed by the Board. (3) The number and term of office of the members of a committee and the number of those members necessary to form a quorum are to be fixed by the Board. (4) A committee may include persons who are not members of the Board. (5) This section does not apply to a Complaints Committee.


document_id: nma-1999
provision_ref: s11
chapter: PART 2 - SINGAPORE NURSING BOARD
section: 11
title: Payment of members of Board and of committees
content:
11. There are to be paid to — ( a ) the members; and ( b ) the members of any committee appointed under section 10 and the members of any Complaints Committee appointed under section 37, who are not public officers such fees as may be approved by the Minister.


document_id: nma-1999
provision_ref: s12
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 12
title: Registrar
content:
12. —(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: nma-1999
provision_ref: s13
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 13
title: Register and Roll
content:
13. —(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep and maintain — ( a ) a register to be called the Register of Nurses which consists of such parts as the Board may determine; ( b ) a roll to be called the Roll of Nurses which consists of such parts as the Board may determine; and ( c ) a register to be called the Register of Midwives. [5/2018] (2) The Registrar must enter in the appropriate part of the Register or Roll, as the case may require, the name of every person who is registered or enrolled, together with such other particulars as the Board may determine. (3) Every registered nurse, enrolled nurse and registered midwife must inform the Registrar in writing of any change in his or her name, working address, residential address, or such of his or her other particulars as may be prescribed, within 28 days of the change. (4) A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3) on the date on which the person makes the report. (5) The Registrar may disclose, in accordance with any prescribed conditions, any information in the Register or Roll to any prescribed person.


document_id: nma-1999
provision_ref: s14
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 14
title: Registration and enrolment
content:
14. —(1) Subject to sections 15 to 17, a person who satisfies the Board that — ( a ) the person has successfully completed — (i) a course in nursing accredited for the purposes of this subsection in an accredited institution; or (ii) a course in nursing outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and ( b ) the person has fulfilled such other conditions as the Board may specify for the person’s case, may be registered as a registered nurse. (2) Subject to sections 15 to 17, a person who satisfies the Board that — ( a ) the person has successfully completed — (i) a course in nursing accredited for the purposes of this subsection in an accredited institution; or (ii) a course in nursing outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and ( b ) the person has fulfilled such other conditions as the Board may specify for the person’s case, may be enrolled as an enrolled nurse. (3) Subject to sections 15 to 17, a person who satisfies the Board that — ( a ) the person has successfully completed — (i) a course in midwifery accredited for the purposes of this subsection in an accredited institution; or (ii) a course in midwifery outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and ( b ) the person has fulfilled such other conditions as the Board may specify for the person’s case, may be registered as a registered midwife. (4) The registration of a person as a registered nurse or enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case.


document_id: nma-1999
provision_ref: s15
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 15
title:
Medical examination, induction programme, competency assessment and provisional registration and enrolment

content:
15. —(1) Before registering or enrolling a person under section 14, the Board may require the person to submit himself or herself to a medical examination by a medical practitioner approved by the Board to determine if the person can perform satisfactorily the functions of a registered nurse, an enrolled nurse or a registered midwife (as the case may be) and the Board may refuse to register or enrol the person if the person fails to submit himself or herself to such an examination. (2) The medical examination must be at the person’s own expense. (3) Before registering or enrolling a person under section 14, the Board may require the person to undergo such induction programme as may be approved by the Board, and the Board may refuse to register or enrol the person if the person fails to undergo or complete such induction programme. (4) Before registering or enrolling a person under section 14, the Board may require the person to undergo such competency assessment as may be approved by the Board, and the Board may refuse to register or enrol the person if the person fails or fails to undergo the assessment. (5) Subject to section 17, the Board may provisionally register as a registered nurse or registered midwife, or provisionally enrol as an enrolled nurse — ( a ) a person who has been required under subsection (1) to submit himself or herself to a medical examination; ( b ) a person who has been required under subsection (3) to undergo an induction programme; or ( c ) a person who has been required under subsection (4) to undergo a competency assessment. (6) The provisional registration of a person as a registered nurse or provisional enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case. (7) If a person who is provisionally registered or enrolled becomes registered or enrolled under section 14, the person’s registration or enrolment dates from the person’s provisional registration or enrolment.


document_id: nma-1999
provision_ref: s16
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 16
title: Temporary registration and enrolment
content:
16. —(1) Subject to section 17, where a person has fulfilled such conditions as the Board may specify for the person’s case, the Board may temporarily register the person as a registered nurse or registered midwife, or temporarily enrol the person as an enrolled nurse, in order to enable the person — ( a ) to teach, undertake research or study in Singapore; ( b ) to undergo training under a training scheme approved by the Board; or ( c ) to provide voluntary nursing or midwifery service under a volunteer nursing scheme or volunteer midwifery scheme approved by the Board. (2) The temporary registration of a person as a registered nurse or temporary enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case. (3) A temporary registration or enrolment — ( a ) must be for a period not exceeding 2 years; and ( b ) may be renewed for periods not exceeding 12 months at a time.


document_id: nma-1999
provision_ref: s17
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 17
title: General provisions for registration and enrolment
content:
17. —(1) Every application for registration or enrolment must be made in such form, and must be accompanied by such documents, particulars and fee, as may be prescribed by the Board. (2) The Board may, in registering or enrolling a person, impose such conditions on the person as the Board considers appropriate to the person’s case, and may at any time vary or revoke the conditions or impose new conditions on the person. (3) Without limiting subsection (2), the conditions may include — ( a ) a condition limiting the fields of nursing or midwifery (as the case may be) in which the person may practise; and ( b ) in the case of a person to be registered or enrolled under section 14, a condition that the person must work for a specified period — (i) in a hospital, nursing home, medical clinic, or other organisation, approved by the Board; and (ii) under the supervision of a person, or a person of a particular class, approved by the Board. (4) Upon the registration or enrolment of a person, the Board must grant to the person a certificate of registration or certificate of enrolment, as the case may be. (5) The Board may refuse to register or enrol any person who, in the opinion of the Board — ( a ) may not be registered or enrolled in accordance with section 14 or 16, as the case may be; or ( b ) is not of good reputation and character. (6) The Board may refuse to register or enrol any person if the Board is satisfied that — ( a ) the person had his or her registration or enrolment as a nurse or his or her registration as a midwife in any country withdrawn, suspended or cancelled; or ( b ) because of a mental or physical disability, the person is unable to perform satisfactorily the functions of a registered nurse, an enrolled nurse or a registered midwife, as the case may be. (7) Where the Board refuses to register or enrol any person, the Board must, by written notice, inform the person of such refusal. (8) A person who is aggrieved by a refusal of the Board to register or enrol the person may, within one month of the notice given under subsection (7), appeal to the Minister whose decision is final.


document_id: nma-1999
provision_ref: s18
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 18
title: Practising certificate
content:
18. —(1) A registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse who desires to obtain a practising certificate must apply to the Board in such form and manner as the Board may prescribe. (2) The application referred to in subsection (1) must be accompanied by the prescribed fee. (3) A practising certificate is valid for such period as the Board may determine. (4) An application for the renewal of a practising certificate must be made no later than one month before the expiry of the practising certificate and must be made in such form and manner as the Board may prescribe. (5) A registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Board such late application fee as the Board may prescribe. (6) The Board may –– ( a ) refuse to grant a practising certificate to a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse; or ( b ) refuse to renew the practising certificate of a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse, if the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse (as the case may be) fails to comply with any prescribed condition. (7) Where — ( a ) a registered nurse (including an Advanced Practice Nurse), an enrolled nurse or a registered midwife has had his or her registration or enrolment cancelled or suspended on any of the grounds specified in section 19(1)( a ) to ( f ); or ( b ) an Advanced Practice Nurse has had his or her certification cancelled or suspended under section 19(3), he or she must surrender his or her practising certificate to the Board within 14 days of such cancellation or suspension and, in the case of such cancellation, his or her practising certificate must be cancelled. (8) Where the practising certificate of an Advanced Practice Nurse has been cancelled in accordance with subsection (7)( b ), the Board may issue him or her a practising certificate as a registered nurse in lieu thereof. (9) Any person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: nma-1999
provision_ref: s19
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 19
title: Cancellation, etc., of registration or enrolment
content:
19. —(1) The Board may exercise any one or more of the powers mentioned in subsection (2) and, where applicable, subsection (3), if the Board is satisfied that a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse — ( a ) has obtained his or her registration as a registered nurse or registered midwife, enrolment as an enrolled nurse or certification as an Advanced Practice Nurse, fraudulently or by a materially incorrect statement; ( b ) has contravened section 13(3) or any condition imposed on him or her under subsection (2)( c ) or (12) or section 17(2), or to which he or she is subject by virtue of section 46(4); ( c ) has had his or her registration or enrolment as a nurse, registration as a midwife or certification as an Advanced Practice Nurse, in a territory outside Singapore, cancelled or suspended; ( d ) has been convicted of an offence in Singapore or elsewhere which in the opinion of the Board renders him or her unfit to remain on the Register or the Roll or to practise as an Advanced Practice Nurse; ( e ) has been guilty of any misconduct, or negligence, which in the opinion of the Board renders him or her unfit to remain on the Register or the Roll or to practise as an Advanced Practice Nurse; ( f ) is unable to perform satisfactorily the functions of a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse because of a mental or physical disability; ( g ) has not renewed his or her practising certificate for a continuous period of not less than the prescribed period; or ( h ) is deceased. (2) The powers mentioned in subsection (1) are as follows: ( a ) cancel the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse; ( b ) suspend the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse for a period of not more than 2 years; ( c ) order that the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse be conditional on his or her compliance with such conditions as may be imposed by the Board; ( d ) impose on the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse, a financial penalty not exceeding $2,000; ( e ) censure the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse; or ( f ) issue to the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse, a written warning. (3) Where the Board is satisfied that there are grounds under subsection (1) to exercise its powers against an Advanced Practice Nurse, the Board may, in addition to or in lieu of any power mentioned in subsection (2) –– ( a ) cancel the certification of the Advanced Practice Nurse or suspend his or her certification for a period of not more than 2 years, without cancelling or suspending his or her registration as a registered nurse; or ( b ) order that the certification of the Advanced Practice Nurse be conditional on his or her compliance with such conditions as may be imposed by the Board. (4) Despite subsection (3), where an Advanced Practice Nurse has had his or her registration as a registered nurse cancelled or suspended under subsection (2), his or her certification as an Advanced Practice Nurse must be correspondingly cancelled or suspended for the same period. (5) The Board must, before exercising any of its powers under subsection (2) or (3) — ( a ) notify the person of its intention to exercise the power and give the person an opportunity to be heard either personally or by counsel; and ( b ) if the complaint or matter against the person has been referred by the Board to a Complaints Committee under section 37(1), consider the findings of the Committee as reported to the Board. (6) A person whose registration or enrolment is cancelled or suspended under subsection (2) on any of the grounds specified in subsection (1)( a ) to ( f ) must surrender the person’s certificate of registration or certificate of enrolment (as the case may be) to the Board within 14 days of such cancellation or suspension. (7) An Advanced Practice Nurse –– ( a ) who is required under subsection (6) to surrender his or her certificate of registration as a registered nurse; or ( b ) whose certification as an Advanced Practice Nurse is cancelled or suspended under subsection (3), must surrender his or her Advanced Practice Nurse certificate to the Board within 14 days of the cancellation or suspension of his or her registration as a registered nurse or certification as an Advanced Practice Nurse, as the case may be. (8) Where an Advanced Practice Nurse has had his or her certification cancelled or suspended under subsection (3) or (4), he or she is not to be regarded as being certified as an Advanced Practice Nurse, but immediately upon the expiry of the period of suspension (if any) his or her rights and privileges as an Advanced Practice Nurse are revived, and the Board must return his or her Advanced Practice Nurse certificate to him or her. (9) Any person who fails to comply with subsection (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (10) Where the registration or enrolment of a person has been suspended under subsection (2), the person is not to be regarded as being registered or enrolled (as the case may be) for the purposes of this Act. (11) Subject to subsection (12), immediately upon the expiry of the period of suspension, the person’s rights and privileges as a registered nurse, an enrolled nurse or a registered midwife (as the case may be) are revived and the Board must return the person’s certificate of registration or certificate of enrolment to the person. (12) Where the registration or enrolment of a person has been suspended under subsection (2) on the ground referred to in subsection (1)( f ), the Board may, upon the expiry of the period of suspension, order that the person’s registration or enrolment (as the case may be) be conditional on the person’s compliance with such conditions as may be imposed by the Board. (13) Where the person in question is both — ( a ) a registered nurse or an enrolled nurse; and ( b ) a registered midwife, the Board may take any action under this section in relation to both the person’s registration as a registered nurse and the person’s registration as a registered midwife, or both the person’s enrolment as an enrolled nurse and the person’s registration as a registered midwife (as the case may be) without having to institute separate proceedings.


document_id: nma-1999
provision_ref: s20
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 20
title: Costs
content:
20. —(1) Where the Board is satisfied that there are grounds under section 19(1)( a ), ( b ), ( d ), ( e ) or ( f ) to exercise its powers against a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse, the Board may, in addition to any power which the Board may exercise under section 19, order the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse (as the case may be) to pay to the Board such sums as the Board thinks fit in respect of the costs and expenses of the inquiry by the Board. (2) The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1). [40/2019] (3) The sums ordered to be paid under subsection (1) may be recovered as a debt in any court with competent jurisdiction.


document_id: nma-1999
provision_ref: s21
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 21
title: Appeal
content:
21. —(1) Any person who is aggrieved by a decision of the Board under section 19(2) or (3) may, within 3 months of the date of the decision or within such further period as the General Division of the High Court may allow, appeal to the General Division of the High Court against the decision. [40/2019] (2) There is no appeal from a decision of the General Division of the High Court. [40/2019]


document_id: nma-1999
provision_ref: s22
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 22
title: Conviction final and conclusive
content:
22. The Board in taking action under section 19, and the General Division of the High Court on appeal from an order of the Board under section 19, must accept the conviction of a registered nurse, an enrolled nurse or a registered midwife for a criminal offence as final and conclusive. [40/2019]


document_id: nma-1999
provision_ref: s23
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 23
title: Application for re-registration, re‑enrolment or re‑certification
content:
23. —(1) A person whose –– ( a ) registration or enrolment has been cancelled under section 19(2); or ( b ) certification as an Advanced Practice Nurse has been cancelled under section 19(3) or (4), may apply to the Board to be re-registered as a registered nurse or registered midwife, re‑enrolled as an enrolled nurse or re‑certified as an Advanced Practice Nurse. (2) The Board may, after considering all relevant circumstances, and upon the compliance by the applicant with all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register or re‑enrol the applicant or re‑certify the applicant as an Advanced Practice Nurse. (3) Where the registration or enrolment of a person or certification of an Advanced Practice Nurse has been cancelled on any of the grounds referred to in section 19(1)( b ) to ( e ), no application for the re‑registration, re‑enrolment or re‑certification of that person may be made to the Board — ( a ) before the expiry of 3 years from the date of the cancellation; or ( b ) more than once in any period of 12 months.


document_id: nma-1999
provision_ref: s24
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 24
title: Publication of registered nurses, etc., with practising certificates
content:
24. The Registrar must prepare and publish in the Gazette a list of the names, addresses and qualifications of all registered nurses, enrolled nurses and registered midwives who have in force practising certificates.


document_id: nma-1999
provision_ref: s25
chapter: PART 3 - REGISTRATION AND ENROLMENT
section: 25
title: Certificate of Registrar
content:
25. A certificate purporting to be under the hand of the Registrar to the effect that, at any time or during any period specified in the certificate, any person was or was not a registered nurse, an enrolled nurse or a registered midwife, or had or did not have in force a practising certificate, or as to any entry in the Register or Roll, or the removal from the Register or Roll of any entry is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.


document_id: nma-1999
provision_ref: s26
chapter: PART 4 - OFFENCES
section: 26
title: False assumption of title of nurse, etc.
content:
26. —(1) Any person who — ( a ) not being a qualified nurse, takes or uses the name or title of nurse in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified nurse or that the person is qualified to carry out an act of nursing; ( b ) not being a qualified midwife, takes or uses the name or title of midwife or its equivalent in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified midwife or that the person is qualified to practise midwifery; ( c ) being a person whose name is included in any part of the Register or Roll, takes or uses any name, title, addition or description or otherwise does any act which falsely implies that the person’s name is included in some other part of the Register or Roll, as the case may be; ( d ) knowing that some other person is not a qualified nurse and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a nurse or qualified nurse; or ( e ) knowing that some other person is not a qualified midwife and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a midwife or qualified midwife, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) For the purposes of this section and sections 27, 28 and 29 — “act of nursing” means an act of nursing in — ( a ) the observation, care and counsel of the ill, injured or infirm; ( b ) the maintenance of health or prevention of illness of others; or ( c ) the supervision or teaching of nursing, the proper carrying out of which requires skill and knowledge acquired by undergoing an accredited course of nursing or an equivalent course; “qualified midwife” means a registered midwife who holds a valid practising certificate authorising him or her to practise midwifery; “qualified nurse” means a registered or enrolled nurse who holds a valid practising certificate authorising him or her to practise nursing.


document_id: nma-1999
provision_ref: s27
chapter: PART 4 - OFFENCES
section: 27
title: Practice of nursing or midwifery by unqualified person
content:
27. —(1) No person other than a qualified nurse may carry out any act of nursing for a fee or reward. (2) No person other than a qualified midwife may attend a woman at childbirth for a fee or reward. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Subsection (1) does not apply to a person who carries out any act of nursing while undergoing a course in nursing if the act is carried out — ( a ) under the supervision of a registered or enrolled nurse; and ( b ) in an organisation approved by the Board. (5) Subsection (2) does not apply to a person who attends a woman at childbirth while undergoing a course in midwifery if the attendance is carried out — ( a ) under the supervision of a registered midwife; and ( b ) in an organisation approved by the Board. (6) Subsections (1) and (2) do not apply to — ( a ) a medical practitioner; ( b ) a person rendering assistance in an emergency; or ( c ) a person of a prescribed description or class carrying out such act, or acting in such circumstances, as may be prescribed for the person’s case. (7) A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of this section.


document_id: nma-1999
provision_ref: s28
chapter: PART 4 - OFFENCES
section: 28
title: Employment of unqualified person to practise nursing or midwifery
content:
28. —(1) A person must not employ or engage a person who is not a qualified nurse to carry out any act of nursing. (2) A person must not employ or engage a person who is not a qualified midwife to attend a woman at childbirth. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Subsections (1) and (2) do not apply to the employment or engagement of — ( a ) a medical practitioner; ( b ) a person to care for — (i) the person employing or engaging him or her; or (ii) a family member, relative or friend of the person employing or engaging him or her; or ( c ) a person of a prescribed description or class. (5) In any proceeding for an offence under this section, it is a defence for a defendant to prove that — ( a ) the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and ( b ) the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.


document_id: nma-1999
provision_ref: s29
chapter: PART 4 - OFFENCES
section: 29
title: Nurse’s agents
content:
29. —(1) A nurse’s agent must not — ( a ) arrange for a person who is not a qualified nurse to carry out any act of nursing; ( b ) arrange for a person who is not a qualified midwife to attend a woman at childbirth; or ( c ) arrange for a registered nurse, an enrolled nurse or a registered midwife to work in contravention of the conditions of his or her registration or enrolment. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (3) In any proceeding for an offence in respect of a contravention of subsection (1)( a ) or ( b ), it is a defence for a defendant to prove that — ( a ) the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and ( b ) the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be. (4) In any proceeding for an offence in respect of a contravention of subsection (1)( c ), it is a defence for a defendant to prove that — ( a ) the defendant was not aware that the registration or enrolment of the person concerned is subject to the condition which was contravened; and ( b ) the defendant had exercised due diligence to ascertain the conditions to which the registration or enrolment of that person is subject. (5) For the purposes of subsection (1), “nurse’s agent” means a person who carries on, for a fee or reward, the business of arranging the supply of the services of a nurse or a midwife.


document_id: nma-1999
provision_ref: s30
chapter: PART 4 - OFFENCES
section: 30
title: Fraudulent registration, etc.
content:
30. Any person who — ( a ) procures or attempts to procure registration, enrolment, a certificate of registration, a certificate of enrolment or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certification, application or representation whether in writing or otherwise; ( b ) wilfully makes or causes to be made any false entry in the Register or Roll; ( c ) forges or alters a certificate of registration, a certificate of enrolment or a practising certificate; ( d ) fraudulently or dishonestly uses as genuine a certificate of registration, a certificate of enrolment or a practising certificate which the person knows or has reason to believe is forged or altered; or ( e ) buys, sells or fraudulently obtains a certificate of registration, a certificate of enrolment or a practising certificate, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: nma-1999
provision_ref: s31
chapter: PART 5 - ADVANCED PRACTICE NURSES
section: 31
title: Interpretation of this Part
content:
31. In this Part — “Advanced Practice Nurse certificate” means an Advanced Practice Nurse certificate issued under section 32; “Advanced Practice Nurse Register” means the Advanced Practice Nurse Register kept under section 32.


document_id: nma-1999
provision_ref: s32
chapter: PART 5 - ADVANCED PRACTICE NURSES
section: 32
title: Certification of Advanced Practice Nurses, etc.
content:
32. —(1) The Registrar must keep and maintain a register to be called the Advanced Practice Nurse Register which consists of such parts as the Board may determine. (2) A registered nurse who — ( a ) holds such qualification, or has gained such special knowledge, in a specialised branch of nursing as the Board may approve; ( b ) has such experience in that branch of nursing as the Board may require; and ( c ) has fulfilled such further conditions as the Board may specify, is eligible to apply to the Board to be certified as an Advanced Practice Nurse. (3) Upon the approval of an application referred to in subsection (2), the Board must — ( a ) register the applicant as an Advanced Practice Nurse in the part of the Advanced Practice Nurse Register that the Board considers appropriate to the applicant’s case; and ( b ) upon payment of the prescribed fee, issue to the applicant an Advanced Practice Nurse certificate. (4) Despite subsection (2), the Board may refuse to certify any person as an Advanced Practice Nurse who, in the opinion of the Board — ( a ) is not of good reputation and character; ( b ) has had the person’s certification as an Advanced Practice Nurse or its equivalent in any territory outside Singapore withdrawn, suspended or cancelled; or ( c ) because of a mental or physical disability, is unable to perform satisfactorily the functions of an Advanced Practice Nurse. (5) Where the Board refuses to certify any person as an Advanced Practice Nurse, the Board must, by written notice, inform the person of such refusal. (6) Any person who is aggrieved by a refusal of the Board to certify the person as an Advanced Practice Nurse may, within one month of the notice given under subsection (5), appeal to the Minister whose decision is final. (7) The Registrar may disclose, in accordance with any prescribed conditions, any information in the Advanced Practice Nurse Register to any prescribed person. (8) The Board may, with the approval of the Minister, make regulations — ( a ) to provide for the form of the Advanced Practice Nurse Register and the manner in which it must be kept; ( b ) to regulate the alteration or correction of the Advanced Practice Nurse Register; ( c ) to provide for matters relating to the certification of persons as Advanced Practice Nurses; ( d ) to regulate the re-certification of an Advanced Practice Nurse whose certification has been cancelled; ( e ) to regulate the procedure for appeals by any person against a refusal of the Board to certify the person as an Advanced Practice Nurse or the cancellation of the person’s certification; ( f ) to provide for the form of the Advanced Practice Nurse certificate; ( g ) to prescribe the fees payable in respect of — (i) an application for certification as an Advanced Practice Nurse; and (ii) a restoration of such certification; and ( h ) to regulate the practice and conduct of Advanced Practice Nurses, including the use of titles and qualifications.


document_id: nma-1999
provision_ref: s33
chapter: PART 5 - ADVANCED PRACTICE NURSES
section: 33
title: Publication of list of Advanced Practice Nurses
content:
33. The Registrar must prepare and publish in the Gazette a list of the names, addresses and qualifications of all Advanced Practice Nurses.


document_id: nma-1999
provision_ref: s34
chapter: PART 5 - ADVANCED PRACTICE NURSES
section: 34
title: Certificate of Registrar
content:
34. A certificate purporting to be under the hand of the Registrar to the effect that, at any time or during any period specified in the certificate, any person was or was not an Advanced Practice Nurse, or had or did not have in force an Advanced Practice Nurse certificate, or as to any entry in the Advanced Practice Nurse Register, or the removal from the Advanced Practice Nurse Register of any entry is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.


document_id: nma-1999
provision_ref: s35
chapter: PART 5 - ADVANCED PRACTICE NURSES
section: 35
title: False assumption of title of Advanced Practice Nurse, etc.
content:
35. Any person who — ( a ) not being an Advanced Practice Nurse, takes or uses — (i) the name or title of Advanced Practice Nurse in any language, either alone or in combination with any other words or letters; or (ii) any name, title, addition, description, uniform or badge, implying that the person is an Advanced Practice Nurse or is qualified to practise a specialised branch of nursing; or ( b ) knowing that some other person is not an Advanced Practice Nurse and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is an Advanced Practice Nurse or is qualified to practise a specialised branch of nursing, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: nma-1999
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Inspectors
content:
36. —(1) The Board may appoint one or more public officers as inspectors to investigate the commission of an offence under this Act or any regulations made under this Act. (2) In any case relating to the commission of an offence under this Act or any regulations made under this Act, an inspector has the power to do all or any of the following: ( a ) to require any person whom the inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act or the regulations made under this Act, to produce any such article or document, or give such information, and to retain such article or document, or make copies of such article or document; ( b ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act or the regulations made under this Act, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted, and the statement made by that person must be read over to that person and must, after correction, be signed by that person; ( c ) to require by written order the attendance before the inspector of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act or the regulations made under this Act. (3) An inspector may apply to a Magistrate for a search warrant if the inspector has reasonable cause to believe that evidence of the commission of an offence under this Act or any regulations made under this Act can be found in any premises; and the Magistrate may, if satisfied that there are reasonable grounds for doing so, issue the warrant. (4) A search warrant issued under subsection (3) authorises the inspector to whom it is directed to enter and search the premises referred to in the warrant and to seize any thing found on the premises which the inspector reasonably believes is evidence of the commission of an offence under this Act or any regulations made under this Act. (5) Any person who — ( a ) intentionally offers any resistance to or wilfully delays an inspector in the exercise of any power under subsection (2) or pursuant to a search warrant issued under subsection (3); or ( b ) fails to comply with any requisition or order of an inspector under subsection (2), 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.


document_id: nma-1999
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Complaints Committees
content:
37. —(1) The Board may appoint one or more committees, to be called Complaints Committees, to investigate any complaint or information in respect of any of the following matters: ( a ) the conviction of a registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse of an offence which renders him or her unfit to remain on the Register or Roll or to practise as an Advanced Practice Nurse; ( b ) any misconduct, or negligence, of a registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse which renders him or her unfit to remain on the Register or Roll or to practise as an Advanced Practice Nurse; ( c ) the physical or mental fitness of a registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse to perform his or her functions. (2) A Complaints Committee must comprise such number of members as the Board may determine, and the members may include members of the Board. (3) The Board must appoint a member of a Complaints Committee as the Chairperson of the Complaints Committee. (4) The Board may at any time revoke the appointment of any Complaints Committee or remove any member of a Complaints Committee or fill any vacancy in the Complaints Committee. (5) Subject to any regulations made under section 44, a Complaints Committee has the power to regulate its own procedure. (6) A Complaints Committee must, within 3 months from the date a complaint or matter is referred to it or such further period as the Board may grant, complete its investigation on the complaint or matter and report its findings and recommendation to the Board. (7) A member of the Board who is a member of a Complaints Committee investigating any complaint or matter against a registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse must not take part in any deliberations of the Board under section 19.


document_id: nma-1999
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Powers of Complaints Committees to require attendance of witnesses, etc.
content:
38. —(1) For the purposes of its investigation, a Complaints Committee may — ( a ) require any person to produce any book, document, paper or other record which may be related to the subject matter of the investigation; and ( b ) require any person to attend at a specified time and place and give evidence or produce any such book, document, paper or record. (2) Any person who without lawful excuse — ( a ) refuses or fails to comply with any requirement of the Complaints Committee under subsection (1); or ( b ) refuses to answer or gives a false answer to any question put to the person by a member of the Complaints Committee, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: nma-1999
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Legal assessor and medical assessor
content:
39. —(1) For the purposes of advising the Board and the Complaints Committees in any proceedings before any of them, the Board may appoint a legal assessor who must be an advocate and solicitor of not less than 10 years’ standing. (2) The legal assessor must not participate or sit in any deliberations of the Board or a Complaints Committee unless invited to do so, and the legal assessor’s participation must be limited only to questions of law arising from the proceedings. (3) The Board may appoint a medical assessor to assist the Board and the Complaints Committees in proceedings before any of them. (4) The Board may pay to the legal assessor and medical assessor, as part of the expenses of the Board, such remuneration as the Board may determine.


document_id: nma-1999
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Service of documents
content:
40. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes an order or a notice permitted or required by or under this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025]


document_id: nma-1999
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Where Board member is in public service
content:
41. A member of the Board is not disqualified from being a member of a Complaints Committee, or from taking part in the deliberations of the Board for the purposes of taking action under section 19, by reason only that the member, or the person who made the complaint or gave the information leading to the proceeding in question, is in the public service.


document_id: nma-1999
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Funds of Board
content:
42. —(1) All fees and other moneys payable under this Act or any regulations made under this Act must be paid to the Board and any fee or other moneys not paid may be recovered by the Board as a debt due to the Board. (2) Subject to subsection (2A) and section 43A(4), all moneys received by the Board or the Registrar must be paid into the funds of the Board. [Act 19 of 2025 wef 05/12/2025] (2A) All penalties collected or recovered under this Act or any regulations made under this Act must be paid into the Consolidated Fund. [Act 19 of 2025 wef 05/12/2025] (3) The costs and expenses of and incidental to the performance of the functions of the Board, a Complaints Committee and any committee appointed under section 10 must be paid by the Board out of its funds. (4) The Minister may pay into the funds of the Board such sum of money out of moneys provided by Parliament as the Minister may determine. (5) The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: nma-1999
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: No action against Board in absence of bad faith
content:
43. No action or proceeding shall lie against the Board, any committee appointed by the Board, a Complaints Committee, or any member or employee of the Board, committee or Complaints Committee for any act or thing done under this Act unless it is proved that the act or thing was done in bad faith or with malice.


document_id: nma-1999
provision_ref: s43A
chapter: PART 6 - MISCELLANEOUS
section: 43A
title: Composition of offences
content:
43A. —(1) The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Board may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 19 of 2025 wef 05/12/2025]


document_id: nma-1999
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Power of Board to make regulations
content:
44. —(1) The Board may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), such regulations may — ( a ) provide for the duties of the Registrar; ( b ) provide for the forms of the Register and Roll and the mode in which they must be kept; ( c ) regulate the alteration or correction of the Register and Roll; ( d ) regulate the renewal of temporary registration or enrolment under section 16(3); ( e ) regulate the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal; ( f ) regulate the procedure by which the Board takes action under section 19; ( g ) regulate the procedure of any committee appointed by the Board or of a Complaints Committee; ( h ) regulate the cancellation of registrations and enrolments, and the restoration of registrations and enrolments which are cancelled; ( i ) provide for matters relating to the accreditation of courses in nursing and in midwifery and of institutions providing such courses; ( j ) regulate the practice and conduct of registered nurses, enrolled nurses and registered midwives, including the use of titles and qualifications; ( k ) prescribe the forms and fees for the purposes of this Act; ( l ) provide that any person who contravenes any regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and ( m ) prescribe such other matters as are necessary or authorised to be prescribed under this Act.


document_id: nma-1999
provision_ref: s45
chapter: PART 7 - TRANSITIONAL PROVISIONS
section: 45
title: Interpretation of this Part
content:
45. In this Part — “previous Board” means the Singapore Nursing Board established under section 3 of the repealed Act; “previous Regulations” means the Nurses and Midwives Regulations (Rg 1, Cap. 209, 1985 Revised Edition); “register of midwives” means the register of midwives maintained pursuant to the repealed Act; “register of nurses” means the register of nurses maintained pursuant to the repealed Act; “repealed Act” means the Nurses and Midwives Act (Cap. 209, 1985 Revised Edition); “roll of nurses” means the roll of nurses maintained pursuant to the repealed Act.


document_id: nma-1999
provision_ref: s46
chapter: PART 7 - TRANSITIONAL PROVISIONS
section: 46
title: Persons registered and enrolled under repealed Act
content:
46. —(1) Every person who is a registered nurse under the repealed Act immediately before 1 May 2000 — ( a ) if the person was admitted to the register of nurses by virtue of regulation 10 of the previous Regulations, is deemed to be registered under section 16 as a registered nurse for such period as may be determined by the Board; or ( b ) in any other case, is deemed to be registered under section 14 as a registered nurse. (2) Every person who is an enrolled nurse under the repealed Act immediately before 1 May 2000 — ( a ) if the person was admitted to the roll of nurses by virtue of regulation 10 of the previous Regulations, is deemed to be enrolled under section 16 as an enrolled nurse for such period as may be determined by the Board; or ( b ) in any other case, is deemed to be enrolled under section 14 as an enrolled nurse. (3) Every person who is a registered midwife under the repealed Act immediately before 1 May 2000 — ( a ) if the person was admitted to the register of midwives by virtue of regulation 10 of the previous Regulations, is deemed to be registered as a registered midwife under section 16 for such period as may be determined by the Board; or ( b ) in any other case, is deemed to be registered under section 14 as a registered midwife. (4) Where the registration or enrolment of a person under the repealed Act is subject to any condition, the deemed registration or enrolment of that person under subsection (1), (2) or (3) (as the case may be) is, unless the Board otherwise decides, subject to the same condition. (5) The Registrar must — ( a ) transfer to such part of the Register of Nurses as the Board considers appropriate the name, address, qualifications and other particulars of a person mentioned in subsection (1) which appear in the register of nurses; ( b ) transfer to such part of the Roll as the Board considers appropriate the name, address, qualifications and other particulars of a person mentioned in subsection (2) which appear in the roll of nurses; and ( c ) transfer to the Register of Midwives the name, address, qualifications and other particulars of a person mentioned in subsection (3) which appear in the register of midwives. (6) The Registrar may, in carrying out the transfer under subsection (5), omit the particulars of any person known to the Registrar to be deceased. (7) Section 23 applies, with the necessary modifications, to any person whose name was removed from the register of nurses, the roll of nurses or the register of midwives.


document_id: nma-1999
provision_ref: s47
chapter: PART 7 - TRANSITIONAL PROVISIONS
section: 47
title: Saving of certificates
content:
47. Any certificate granted under regulation 11 of the previous Regulations to a person upon the person’s registration or enrolment under the repealed Act is deemed to be a certificate of registration or certificate of enrolment, as the case may be.


document_id: nma-1999
provision_ref: s48
chapter: PART 7 - TRANSITIONAL PROVISIONS
section: 48
title: Pending disciplinary proceedings
content:
48. —(1) This Act and the regulations made under this Act do not apply to any proceedings of a disciplinary nature commenced before 1 May 2000, and the repealed Act and the previous Regulations continue to apply to those proceedings. (2) For the purposes of subsection (1), the previous Board continues to exist to complete its hearing of those proceedings and make such order or decision as it could have made under the repealed Act and the previous Regulations. (3) Any order or decision made by the previous Board under subsection (2) is to be treated as an order or decision of the Board and has the same force and effect as if it had been made by the Board under section 19.


document_id: npa-1959
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “notary public” means a person who has been appointed as a notary public under section 3 but does not include any person whose appointment has been revoked under section 5; “Senate” means the Senate of the Singapore Academy of Law constituted under the Singapore Academy of Law Act 1988.


document_id: npa-1959
provision_ref: s3
section: 3
title: Appointment of notaries public
content:
3. —(1) The Senate may, from time to time, appoint fit and proper persons to be notaries public for a period not exceeding 12 months. (2) No person shall be appointed as a notary public unless he is a practising advocate and solicitor in Singapore and has so practised for not less than 7 years. (3) The Senate shall not make any appointment under this section without consulting the Council of the Law Society of Singapore constituted under the Legal Profession Act 1966. (4) In making any appointment under this section, the Senate shall have regard to the number of notaries public already practising in the place where the applicant proposes to practise and to the convenience of the inhabitants of that place, but, subject to this, the Senate shall have absolute discretion in making or refusing to make any such appointment and there shall be no appeal from its decision. (5) If it appears to the Senate that any notary public is about to be absent from Singapore for a period exceeding one month, the Senate may appoint any person, being a practising advocate and solicitor in Singapore, to be a notary public temporarily during the absence of that notary public from Singapore. (6) No temporary appointment of a notary public shall have effect for a period longer than 12 months and any such appointment shall lapse on the death or on the return to Singapore of the notary public on account of whose departure from Singapore the appointment was made. (7) Every appointment under subsection (1) or subsection (5) and the lapse of every temporary appointment under subsection (6) shall be published in the Gazette .


document_id: npa-1959
provision_ref: s4
section: 4
title: Privileges of notaries public
content:
4. —(1) Every notary public shall have and may exercise within Singapore all the powers and functions which are ordinarily exercised by notaries public in England. (2) Except for the purposes of and to the extent necessary to give effect to subsection (3), powers under subsection (1) shall not include power to administer any oath or affirmation in connection with any affidavit or statutory declaration which is executed for the purpose of being used in any court or place within Singapore or to take or attest any such affidavit or statutory declaration. (3) Without prejudice to the generality of the powers and functions conferred by subsection (1), a notary public may — ( a ) administer any oath or affirmation in connection with any affidavit or statutory declaration which is executed — (i) for the purpose of confirming or proving the due execution of any document; (ii) by any master or member of the crew of any vessel in respect of any matter concerning the vessel; or (iii) for the purpose of being used in any court or place outside Singapore; ( b ) take or attest any affidavit or statutory declaration referred to in paragraph ( a ); and ( c ) have and exercise such other powers and functions as may be prescribed.


document_id: npa-1959
provision_ref: s5
section: 5
title: Misconduct of notaries public
content:
5. If it appears to the Senate that any person being a notary public — ( a ) has become a bankrupt or has made an arrangement with his creditors; ( b ) has been struck off the roll of advocates and solicitors of Singapore; or ( c ) has been found to be guilty of such professional or other misconduct as, in the opinion of the Senate, renders him unfit to practise as a notary public, the Senate shall by order revoke the appointment of the person and shall cause the order to be published in the Gazette .


document_id: npa-1959
provision_ref: s6
section: 6
title: Revocation of appointment of notary public under special circumstances
content:
6. The Senate may, by notification in the Gazette , revoke the appointment of a notary public if the notary public requests that his appointment be revoked.


document_id: npa-1959
provision_ref: s7
section: 7
title: Penalty for exercise of functions of notary public by unauthorised persons
content:
7. Any person who exercises within Singapore any of the functions of a notary public otherwise than in accordance with the provisions of this Act shall be guilty of an offence and shall be liable on conviction before a District Judge to a fine not exceeding $10,000. [20/2007]


document_id: npa-1959
provision_ref: s8
section: 8
title: Rules
content:
8. —(1) The Chief Justice, after consultation with the Senate, may make rules — ( a ) for the guidance and control of persons entitled to exercise the functions of a notary public under this Act; ( b ) to fix the fees payable to notaries public; ( c ) to fix the fees payable to the Singapore Academy of Law by any person on appointment as a notary public, and on renewal of such appointment; and ( d ) prescribing the powers and functions of notaries public. (2) All rules made under this section shall be published in the Gazette , and shall come into force on the date of such publication or on such later date as may be specified in the rules.


document_id: npa-1992
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Governors of the Polytechnic; “Constitution” means the Constitution of the Polytechnic set out in the Schedule; “Polytechnic” means the Nanyang Polytechnic established under section 3; “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity; “Senate” means the Senate of the Polytechnic. [5/2018]


document_id: npa-1992
provision_ref: s3
section: 3
title: Establishment of Nanyang Polytechnic
content:
3. A Polytechnic called the Nanyang Polytechnic is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering all other acts or things that bodies corporate may lawfully do or suffer.


document_id: npa-1992
provision_ref: s4
section: 4
title: Common seal
content:
4. —(1) The common seal of the Polytechnic must be kept in such custody as the Board directs. (2) All deeds, documents and other instruments requiring the seal of the Polytechnic must be sealed with the common seal of the Polytechnic and the instruments to which the common seal is affixed must be signed by the Principal or a Deputy Principal and by another member of the Board. (3) All courts and persons acting judicially are to take judicial notice of the common seal of the Polytechnic affixed to any document and presume that it was duly affixed.


document_id: npa-1992
provision_ref: s5
section: 5
title: Objects and powers of Polytechnic
content:
5. —(1) The objects of the Polytechnic are — ( a ) to provide instruction and training in engineering, technology, health sciences, commerce and other subjects of learning; ( b ) to aid by research and other means the advancement of knowledge and its practical application; and ( c ) to promote the exchange of knowledge and skills with business and industry. (2) The Polytechnic may — ( a ) provide any facilities for its students that it considers desirable; ( b ) institute and make appointments to lectureships and other posts and offices and employ any other staff that the Polytechnic considers necessary; ( c ) fix, demand and receive fees and other charges, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] ( d ) provide technical and consultancy services to business and industry as it considers desirable; ( e ) form or participate in the formation of companies or other undertakings having such objects as the Board may approve; ( f ) solicit and receive donations and contributions from any source or raise funds by all lawful means; ( g ) give donations and contributions to any person or organisation; and ( h ) do all things that may be necessary, incidental or conducive to the attainment of all or any of its objects. (3) In subsection (2)( e ), “company” — ( a ) has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) includes a foreign company within the meaning of that Act. [S 461/2020]


document_id: npa-1992
provision_ref: s5A
section: 5A
title: Validation of collection of charge for late payment of fee or charge
content:
5A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or charge referred to in section 5(2)( c ) shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: npa-1992
provision_ref: s6
section: 6
title: Board of Governors and Senate of Polytechnic
content:
6. —(1) The constitutions, functions, powers and duties of the Board and the Senate are prescribed by this Act and the Constitution. (2) The Board is, subject to the provisions of this Act and the Constitution, the supreme governing body of the Polytechnic and must administer the property and manage the affairs of the Polytechnic. (3) Subject to the provisions of this Act, the Public Sector (Governance) Act 2018 and the Constitution and to the financial control of the Board, the Senate has the regulation of all matters relating to education in the Polytechnic. [5/2018] (4) No act or resolution of the Board or the Senate is invalid by reason only of any vacancy in, or any defect in the qualification or appointment of any member of, the Board or the Senate.


document_id: npa-1992
provision_ref: s7
section: 7
title: Schools of Polytechnic
content:
7. —(1) There are to be Schools of Engineering, Information Technology, Business Management, Health Sciences and any other Schools constituted by the Board on the recommendation of the Senate. (2) There is to be a head of each School with the powers conferred by the Board. (3) The Board may, on the recommendation of the Senate, form, dissolve or reform any School and any department, centre, unit and other subdivisions of any School as it may consider desirable.


document_id: npa-1992
provision_ref: s8
section: 8
title: Committees and delegation of powers
content:
8. —(1) The Board, the Senate and the Principal may establish any committees that they think fit. (2) Unless otherwise expressly provided, any committee may consist partly of persons who are not members of the Board or the Senate or officers of the Polytechnic, as the case may be. (3) Subject to the provisions of this Act, the Public Sector (Governance) Act 2018 and the Constitution, the Board, the Senate and the Principal may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee. [5/2018]


document_id: npa-1992
provision_ref: s9
section: 9
title: Officers and academic staff
content:
9. —(1) The Principal, the Deputy Principals and the Registrar and other officers of the Polytechnic must be appointed by the Board in accordance with the Constitution. (2) The academic staff of the Polytechnic are the heads of the Schools, lecturers and any other persons designated as members of the academic staff by the Constitution and they are to be appointed by the Board on the recommendation of the Principal. (3) The powers and duties of the officers and members of the academic staff, the periods and conditions for and upon which they hold office and their emoluments are as prescribed by this Act, the Constitution and the terms of their respective appointments; but the Board may assign to any officer, and in the case of any member of the academic staff on the recommendation of the Principal, such further powers and duties as the Board may think fit. 9A. [ Repealed by Act 5 of 2018 ]


document_id: npa-1992
provision_ref: s10
section: 10
title: Constitution of Polytechnic
content:
10. —(1) Subject to the provisions of this Act, the Polytechnic is governed by the provisions of the Constitution set out in the Schedule. (2) The Minister may, after consulting the Board, amend the Constitution by order in the Gazette . (3) Regulations made under the Constitution are not subsidiary legislation.


document_id: npa-1992
provision_ref: s11
section: 11
title: Examinations
content:
11. All examinations held by the Polytechnic must be conducted in the manner prescribed by the Constitution and any regulations made under the Constitution.


document_id: npa-1992
provision_ref: s12
section: 12
title: Power to confer diplomas, etc.
content:
12. The Polytechnic has power — ( a ) to award diplomas and certificates and any other academic distinctions specified in regulations made under the Constitution; and ( b ) to provide such lectures and instruction for persons who are not registered students as the Polytechnic may determine, and to award diplomas, certificates and other academic distinctions to those persons.


document_id: npa-1992
provision_ref: s13
section: 13
title: Grants-in-aid
content:
13. —(1) The Minister must pay to the Polytechnic such moneys as may be provided by Parliament as grants-in-aid to the Polytechnic. (2) All moneys paid to the Polytechnic under subsection (1) may be applied or expended by the Polytechnic for the attainment of all or any of the objects of the Polytechnic.


document_id: npa-1992
provision_ref: s14
section: 14
title: Issue of shares, etc.
content:
14. As a consequence of the vesting of any property, rights or liabilities of the Government in the Polytechnic under this Act, or of any capital injection or other investment by the Government in the Polytechnic in accordance with any written law, the Polytechnic must issue such shares or other securities to the Minister for Finance as that Minister may direct. [13A [5/2002]


document_id: npa-1992
provision_ref: s15
section: 15
title: Application of Societies Act 1966 to Students’ Union
content:
15. —(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Nanyang Polytechnic Students’ Union and its constituent bodies constituted by regulations made under the Constitution. (2) The Minister charged with the responsibility for societies may, by order in the Gazette , exempt the Nanyang Polytechnic Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act 1966 subject to any conditions specified in the order. [19


document_id: npba-1996
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “animal” includes a mammal (other than a human being), a bird, a reptile, an amphibian, a fish, a mollusc, an arthropod, and the young or egg of any animal; “animal-related services” includes any of the following activities: ( a ) bathing, grooming or clipping of animals; ( b ) treatment, vaccination or inoculation of animals; ( c ) providing accommodation or boarding to or training of animals; ( d ) exhibiting (whether or not for sale) of animals; ( e ) trapping, restraining or immobilising animals; “animal-related services industry” means an industry consisting of persons carrying out any animal-related services in the course of business; “Board” means the National Parks Board established under the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) in force before 1 July 1996 and continued by section 3; “Chairperson” means the Chairperson of the Board and includes any acting Chairperson of the Board; “Chief Executive” means the Chief Executive of the Board and includes any person acting in that capacity; “landscape industry” means an industry comprising persons who carry on any business or engage in any commercial activity in connection with one or more, or any part, or any combination, of the following: ( a ) landscaping works and services; ( b ) the supply of plants or landscaping or related products; ( c ) the growing and supply of flowers and ornamental plants; “landscaping works and services” includes the provision of services in landscape design, landscape architecture, planting and landscaping, arboriculture maintenance, horticulture maintenance and turf maintenance; “member” means a member of the Board; “national park” has the meaning given by the Parks and Trees Act 2005; “nature reserve” has the meaning given by the Parks and Trees Act 2005; “organism” has the meaning given by the Parks and Trees Act 2005; “Parks and Recreation Department” means the Parks and Recreation Department of the Ministry of National Development; “plant” has the meaning given by the Parks and Trees Act 2005; “public authority” means a body corporate established by a public Act for the purposes of a public function; “public park” has the meaning given by the Parks and Trees Act 2005; “subdelegate” means a person to whom a delegate under section 10(2) further delegates the performance or exercise of any of the Board’s functions, duties or powers; “transfer date” means 1 April 2019; “veterinary establishment” means any premises or place in which veterinary medicine is practised or veterinary services are provided; “veterinary medicine” means any branch or art of veterinary medicine and includes veterinary surgery; “veterinary product” means any chemical, substance or equipment used or designed for use in the practice of veterinary medicine or the provision of veterinary services; “veterinary science industry” means an industry consisting of persons carrying on business, or who engage in commercial activity, involving all or any of the following: ( a ) the practice of veterinary medicine; ( b ) the provision of veterinary services; ( c ) the management of a veterinary establishment; ( d ) the supply of veterinary products; “veterinary service” means a service provided in relation to an animal in the control or the possession of a person for any of the following purposes: ( a ) assessing, recording, maintaining or improving the health, welfare, comfort or wellbeing of the animal; ( b ) diagnosing or treating an illness, disability, disorder or condition of the animal; ( c ) examining or attending to the animal, including administering a veterinary product to or performing any surgical procedure on the animal; ( d ) performing any cosmetic procedure (including surgery) on the animal; ( e ) castrating or spaying of the animal; ( f ) giving advice based on a diagnosis or an examination mentioned in paragraph ( b ) or ( c ) or connected with a procedure in paragraph ( d ) or ( e ), including prescribing treatment, drugs, medications or medical appliances. [9/2017; 10/2019]


document_id: npba-1996
provision_ref: s3
chapter: PART 2 - RECONSTITUTION OF BOARD
section: 3
title: Reconstitution of National Parks Board
content:
3. As from 1 July 1996, the Board continues in existence and continues to be a body corporate with perpetual succession and capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding, developing and disposing of property, movable and immovable; and ( c ) doing and suffering such other acts or things as bodies corporate may lawfully do and suffer.


document_id: npba-1996
provision_ref: s4
chapter: PART 2 - RECONSTITUTION OF BOARD
section: 4
title: Common seal
content:
4. —(1) As from 1 July 1996, the Board continues to have a common seal and the seal may be broken, changed, altered and made anew as the Board thinks fit. (2) All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board and every document to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member so authorised and the Chief Executive. (3) Any document purporting to be a document duly executed under the seal of the Board is to be received in evidence and is, unless the contrary is proved, deemed to be a document so executed. (4) The Board may, by resolution or otherwise in writing, appoint an officer of the Board or any other agent either generally or in a particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.


document_id: npba-1996
provision_ref: s6
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 6
title: Functions of Board
content:
6. —(1) The functions of the Board are — ( a ) to control, administer and manage the national parks and nature reserves; ( b ) to plan, design, develop, manage and maintain public parks; ( c ) to provide, manage and maintain park and recreational infrastructure and facilities in the national parks, nature reserves and public parks; ( d ) to propagate, protect and preserve the animals, plants and other organisms of Singapore and, within the national parks, nature reserves and public parks, to preserve objects and places of aesthetic, historical or scientific interest; ( e ) to promote and protect the welfare, safety and health of animals, including controlling the following: (i) the use of animals in research, testing or teaching; (ii) the supply of veterinary products; (iii) the trapping or killing of animals in a wild state; ( f ) to manage the animal population in Singapore; ( g ) to prevent and manage threats and risks — (i) to animal health, animal welfare or plant health or all of them; (ii) to terrestrial and aquatic environments arising from animals or plants, or pests or diseases carried by animals or plants; and (iii) to public health and safety from animals or plants, or pests or diseases carried by animals or plants; ( h ) to regulate trade in endangered species of animals and plants; ( i ) to regulate veterinary establishments, practitioners of veterinary medicine and persons who provide veterinary services in the course of business; ( j ) to cooperate and collaborate in particular with — (i) any public officer, public authority or Health Officer in the administration of the Infectious Diseases Act 1976; (ii) the Health Sciences Authority in the administration of the Health Products Act 2007; (iii) the Director-General of Public Health and the Director‑General, Food Administration in the administration of the Environmental Public Health Act 1987; and (iv) the Director-General, Food Administration in the discharge of functions or powers under any written law; ( k ) to provide and control facilities for the study of and research into matters relating to animals, plants and other organisms in Singapore and the physical conditions in which they live; ( l ) to exhibit objects illustrative of the life sciences, applied sciences, history, technology and industry; ( m ) to promote the study, research and dissemination of knowledge in veterinary medicine, animal‑related services, botany, horticulture, biotechnology, arboriculture, landscape architecture, parks and recreation management and natural and local history; ( n ) to provide, manage and promote recreational, cultural, historical, research and educational facilities and resources in national parks, nature reserves and public parks and encourage their full and proper use by members of the public; ( o ) to advise the Government on all matters relating to animal health and welfare, plant health, veterinary medicine, animal‑related services, nature conservation and the planning, development and management of public parks; ( p ) to manage on behalf of the Government any State land used or to be used by the landscape industry, animal‑related services industry or veterinary science industry in Singapore and to promote the optimisation of the use of such land; ( q ) to promote the development, productivity and efficiency of the landscape industry, animal‑related services industry or veterinary science industry in Singapore; ( r ) to promote the advancement of skills and expertise of individuals in relation to any subject mentioned in paragraph ( m ) and of individuals employed in the landscape industry, animal‑related services industry or veterinary science industry in Singapore; ( s ) to represent the Government internationally on matters that relate to animal health and welfare, plant health, wildlife trade control and biodiversity, and matters connected with the landscape industry, animal‑related services industry and veterinary science industry in Singapore; and ( t ) to carry out such other functions and duties as are imposed upon the Board by or under this Act or any other written law. [9/2017; 10/2019] (2) In addition to the functions of the Board under subsection (1), the Board may undertake any other functions that the Minister may, by notification in the Gazette , assign to the Board and in so doing the Board is deemed to be fulfilling the purposes of this Act and the provisions of this Act apply to the Board in respect of those functions. [10/2019] (3) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject. [10/2019]


document_id: npba-1996
provision_ref: s7
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 7
title: Powers of Board
content:
7. —(1) The Board may, for the purposes of this Act, carry on any activity that appears to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its duties and functions under this Act, or which is incidental or conducive to the discharge of those duties and functions, and, in particular, may exercise any of the powers specified in the Second Schedule. [10/2019] (2) This section is not to be construed as limiting any power of the Board conferred by or under any other written law.


document_id: npba-1996
provision_ref: s8
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 8
title: Directions of Minister
content:
8. —(1) The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must provide the Minister with such information or facilities for obtaining information with respect to its property and activities in such manner and at such times as the Minister may require.


document_id: npba-1996
provision_ref: s9
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 9
title: Appointment of committees
content:
9. The Board may appoint from among its own members or other persons who are not members any number of committees consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.


document_id: npba-1996
provision_ref: s10
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 10
title: Ability to delegate, etc.
content:
10. —(1) The Board may delegate the performance or exercise of any of its functions, duties or powers under this Act or any other Act, either generally or specially, to any of the following persons by resolution and written notice to the person or persons: ( a ) a member of the Board; ( b ) the Chief Executive, any employee of the Board or any other person performing duties in the Board; ( c ) a committee of the Board appointed under section 9; ( d ) a wholly-owned subsidiary company of the Board; ( e ) a person engaged as a contractor by the Board. [10/2019] (2) A delegation by the Board under subsection (1) of the performance or exercise of any of its functions, duties or powers — ( a ) to a person in subsection (1)( a ), ( b ) or ( c ) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to another member, an appropriately qualified employee of the Board or person performing duties in the Board (called in this Act a subdelegate); or ( b ) to a person in subsection (1)( d ) or ( e ) may authorise the delegate to subdelegate the performance or exercise of the function, duty or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate), but subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate. [10/2019] (3) Subsections (1) and (2) do not apply to — ( a ) the power to borrow money; ( b ) the power to raise or grant loans or advances to or subscribe to stocks, shares, bonds or debentures of a company or corporation; or ( c ) any other function, duty or power under this Act or any other Act administered by the Board that is declared by this Act or that Act to be non‑delegable. [10/2019] (4) A subdelegate to whom a function, duty or power of the Board is subdelegated under this section is not authorised to further delegate that function, duty or power to anyone else. [10/2019] (5) A delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Board or of any committee or by any change in the Chief Executive or any employee. [10/2019] (6) A delegate (or subdelegate) who purports to perform a function or duty or exercise a power under delegation (or subdelegation) — ( a ) is taken to do so in accordance with the terms of a delegation (or subdelegation) under this section, unless the contrary is shown; and ( b ) must produce evidence of the delegate’s (or subdelegate’s) authority to do so, if reasonably requested to do so. [10/2019] (7) In this section — ( a ) a reference to a wholly‑owned subsidiary company of the Board includes a company limited by guarantee the sole member of which is the Board; and ( b ) a reference to a person performing duties in the Board includes a person performing duties in the Board under a contract, or under an arrangement making available temporarily to the Board the services of public officers (or secondment). [10/2019]


document_id: npba-1996
provision_ref: s11
chapter: PART 3 - FUNCTIONS AND POWERS OF BOARD
section: 11
title: Protection from personal liability
content:
11. No liability shall lie against any member, any committee member, the Chief Executive or any employee, delegate or subdelegate of the Board, or any other person acting under the direction of the Board, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act. [10/2019]


document_id: npba-1996
provision_ref: s12
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 12
title: Chief Executive, officers and employees, etc.
content:
12. —(1) There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may appoint, subject to the Public Sector (Governance) Act 2018, an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [13 [5/2018]


document_id: npba-1996
provision_ref: s13
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 13
title: Public servants
content:
13. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every subdelegate of the Board — ( a ) is taken to be a public servant for the purposes of the Penal Code 1871 in relation to the subdelegate’s performance or exercise of the Board’s functions, duties or powers under this Act or any other written law; and ( b ) is, in relation to the administration, assessment, collection or enforcement of payment of — (i) any financial penalty imposed under any written law administered by the Board; or (ii) any composition sum collected under this Act or any other written law administered by the Board, taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of the subdelegates even though the subdelegate is not or was not in the employment of the Government. [14 [10/2019]


document_id: npba-1996
provision_ref: s14
chapter: PART 5 - FINANCIAL PROVISIONS
section: 14
title: Grants
content:
14. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may, from time to time, make grants to the Board of such sums of money as the Minister may determine out of moneys to be provided by Parliament. [15


document_id: npba-1996
provision_ref: s15
chapter: PART 5 - FINANCIAL PROVISIONS
section: 15
title: Issue of shares, etc.
content:
15. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. [15A


document_id: npba-1996
provision_ref: s16
chapter: PART 5 - FINANCIAL PROVISIONS
section: 16
title: Bank accounts and payments
content:
16. —(1) The Board may open and maintain an account or accounts with such bank or banks as the Board thinks fit and every such account must be operated as far as practicable by cheque signed by such person or persons authorised to do so by the Board. (2) The moneys of the Board are to be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payment that the Board is authorised or required to make.


document_id: npba-1996
provision_ref: s17
chapter: PART 5 - FINANCIAL PROVISIONS
section: 17
title: Power of investment
content:
17. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: npba-1996
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Minister’s approval of estimates
content:
18. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision. [5/2018]


document_id: npba-1996
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Financial year
content:
19. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: npba-1996
provision_ref: s20
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES AND
section: 20
title: Transfer to Board of property, assets and liabilities
content:
20. —(1) As from 1 July 1996, all movable property vested in the Government immediately before that date for the purposes of the Parks and Recreation Department, and all assets, rights or interests vested in, and all outstanding debts, liabilities and obligations incurred by, the Government in connection therewith are transferred to and vest in the Board without further assurance. (2) If any question arises as to whether any particular movable property vested in the Government, or whether any particular asset, right, interest, liability or obligation of the Government has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, right, interest, liability or obligation was or was not so transferred or vested.


document_id: npba-1996
provision_ref: s21
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES AND
section: 21
title: Transfer of employees
content:
21. —(1) As from 1 July 1996, such persons employed immediately before that date in the Parks and Recreation Department as the Minister may determine are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) The provisions relating to the transfer of employees set out in the Third Schedule have effect.


document_id: npba-1996
provision_ref: s22
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES AND
section: 22
title: Existing agreements and pending proceedings
content:
22. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 July 1996 affecting any movable property transferred under section 20 or any person transferred to the service of the Board under section 21 continue in full force and effect on and after that date and are enforceable by or against the Board instead of the Government or any person acting on its behalf as if the Board had been named therein or had been a party thereto.


document_id: npba-1996
provision_ref: s23
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 23
title: Interpretation of this Part
content:
23. In this Part, unless the context otherwise requires — “Agri-Food and Veterinary Authority” or “AVA” means the Agri‑Food and Veterinary Authority established by section 3 of the Agri‑Food and Veterinary Authority Act (Cap. 5, 2012 Revised Edition); “asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether actual or contingent) of the transferor on the eve of the transfer date and includes, without limitation, any — ( a ) legal or equitable interest in real or personal property; ( b ) chose in action; ( c ) security; ( d ) money; ( e ) intellectual property; ( f ) infrastructure, plant and equipment; ( g ) records and information (including data) in any form; and ( h ) right; “AVA veterinary undertaking” means the departments of the transferor as follows: ( a ) the Community Animal Management Group; ( b ) the Corporate Development Group 2; ( c ) the Industry and Biosecurity Management Group; ( d ) the office of the Director-General, Agri‑Food and Veterinary Services; ( e ) the Plant Science and Health Group; ( f ) the Professional and Scientific Services Group; ( g ) the Wildlife Management Group; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of that transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transferor” means the Agri-Food and Veterinary Authority; “transferring employee” means an employee of the transferor who, on the eve of the transfer date, is deployed in the AVA veterinary undertaking. [10/2019]


document_id: npba-1996
provision_ref: s24
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 24
title: Transfer of undertaking to Board
content:
24. —(1) On the transfer date, all assets and liabilities of the transferor that relate to the functions of the AVA veterinary undertaking are transferred to the Board. [10/2019] (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Board by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Board; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor or a predecessor of the transferor and pending immediately before that date are taken to be proceedings pending by or against the Board; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor or a predecessor of the transferor may be started by or against the Board; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor or a predecessor of the transferor relating to those assets or liabilities may be enforced by or against the Board; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities that has been served on or by the transferor or a predecessor of the transferor before the transfer date is taken, where appropriate, to have been served on or by the Board; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Board; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor or a predecessor of the transferor, to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Board; ( i ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to an officer of the transferor, as regards anything falling to be done or capable of being done on or after the transfer date and to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to an officer of the Board whom the Board appoints for that purpose. [10/2019] (3) In particular — ( a ) all security deposits deposited with the transferor in relation to any asset or liability transferred under subsection (1) and not forfeited before the transfer date; and ( b ) the benefits of all indemnities, guarantees or warranties given to the transferor in relation to any asset or liability transferred under subsection (1) and not discharged before that date, are, without further assurance, transferred and deemed deposited with or given to the Board. [10/2019] (4) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law, or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or other instrument to be void or otherwise unenforceable; ( f ) frustrate any contract; ( g ) release a surety or other obligor or obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. [10/2019] (5) No attornment to the Board by a lessee from the transferor is required for the purpose of this section. [10/2019]


document_id: npba-1996
provision_ref: s25
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 25
title: Transferring secondments and employees to Board
content:
25. —(1) On the transfer date, every transferring employee — ( a ) stops being an employee of the transferor; and ( b ) is each transferred to the service, and becomes an employee, of the Board on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. [10/2019] (2) The transfer of a transferring employee to the Board — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor. [10/2019] (3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Board, is admissible in evidence in any proceedings as evidence of the matters stated in it. [10/2019] (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred under this section from resigning from the Board at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. [10/2019] (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring employee to the Board. [10/2019] (6) On the transfer date, every public officer or employee of any other public authority whose services are made available (or is seconded) to any department in the AVA veterinary undertaking pursuant to an agreement or arrangement that — ( a ) is between the Government or that other public authority and the Agri‑Food and Veterinary Authority; and ( b ) is in force on the eve of the transfer date, continues on secondment to the Board. [10/2019]


document_id: npba-1996
provision_ref: s26
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 26
title: General preservation of employment terms
content:
26. —(1) The service with the transferor of an employee transferred under section 25 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the Board immediately before the transfer date. [10/2019] (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Board were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Board; and ( c ) a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Board. [10/2019] (3) For any conduct of a transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Board may — ( a ) start any disciplinary proceedings against the employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. [10/2019] (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor — ( a ) was in the course of being heard or investigated by a committee of the transferor acting under due authority; or ( b ) had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Board. [10/2019] (5) Until such time as conditions of employment are drawn up by the Board for a transferred employee, the transferred employee is to be regarded as being employed by the Board on the same conditions of his or her employment with the transferor on the eve of the transfer date. [10/2019] (6) Any condition of employment relating to the length of service with the Board must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Board. [10/2019] (7) Nothing in section 25(6) — ( a ) breaks the continuity of service of the public officer or employee of another public authority whose secondment continues with the Board because of that provision; or ( b ) affects any rights, powers or immunities that such a public officer or an employee of a public authority has, or the extent to which such a public officer or an employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer or employee is seconded. [10/2019]


document_id: npba-1996
provision_ref: s27
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 27
title: Transfer of records
content:
27. On the transfer date, every record, or part of any record, of the transferor that relates to — ( a ) any asset or liability transferred to the Board under section 24; or ( b ) any transferring employee, becomes the record of the Board. [26A [10/2019]


document_id: npba-1996
provision_ref: s28
chapter: PART 7 - TRANSFER OF AVA VETERINARY UNDERTAKINGS
section: 28
title: Confirmation of undertaking transferred
content:
28. —(1) If any dispute arises — ( a ) as to whether an asset or a liability or a record is transferred under section 24 or 27; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability, or a record, transferred under section 24 or 27, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. [10/2019] (2) The determination of the Minister for Finance under subsection (1) is final and binding on the transferor and the Board. [26B [10/2019]


document_id: npba-1996
provision_ref: s29
chapter: PART 8 - GENERAL
section: 29
title: Symbol of Board
content:
29. —(1) The Board has the exclusive right to the use of such symbols or representations as it may select or devise (called in this section the Board’s symbols) and thereafter display or exhibit in connection with its activities or affairs. (2) Any person who, without the permission of the Board, uses a symbol or representation identical with any of the Board’s symbols, or which so resembles any of the Board’s symbols as to or be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [27


document_id: npba-1996
provision_ref: s30
chapter: PART 8 - GENERAL
section: 30
title: Exclusion of liability for information supplied by Board
content:
30. Where the Board provides a service to the public whereby information is supplied to the public on payment of a prescribed fee, neither the Board nor any of its employees involved in the supply of such information shall be liable for any loss or damage suffered by members of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of those employees. [28


document_id: npba-1996
provision_ref: s31
chapter: PART 8 - GENERAL
section: 31
title: All moneys recovered to be paid to Board
content:
31. —(1) All moneys recovered or sums collected under this Act or any other Act administered by the Board, other than composition sums, are to be paid into and form part of the general funds of the Board. [9/2017] (2) All composition sums collected under any Act administered by the Board are to be paid into the Consolidated Fund. [29 [9/2017]


document_id: npba-1996
provision_ref: s32
chapter: PART 8 - GENERAL
section: 32
title: Power to make regulations
content:
32. —(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) regulating the proceedings of the Board or of the committees of the Board; ( b ) the manner of appointment, conduct and discipline and the terms and conditions of service of the employees of the Board; ( c ) the establishment of funds for the payment of gratuities and other benefits to employees of the Board; ( d ) any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act. [40


document_id: npfa-2010
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Productivity Fund Administration Board established under section 7; “Chairperson” means the Chairperson of the Board; “Executive Secretary” means any Executive Secretary of the Board appointed under section 14(1) and includes any person acting in that capacity; “Fund” means the National Productivity Fund established under section 3; “invest” includes entering into a transaction or an arrangement for the protection of investments; “matters relating to productivity enhancement and continuing education” includes legislative or administrative action taken, or to be taken, by the Government or any public authority that affects or might affect the productivity performance of industry, industry development or the productivity performance of the Singapore economy as a whole; “member” means any member of the Board and includes any temporary member of the Board; “property” means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; “public authority” means any board, authority or agency established by or under any public Act to perform or discharge any public function.


document_id: npfa-2010
provision_ref: s3
chapter: PART 2 - NATIONAL PRODUCTIVITY FUND
section: 3
title: Establishment of National Productivity Fund
content:
3. —(1) A fund called the National Productivity Fund is established, into which must be paid — ( a ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Fund by this Act or any other written law; ( b ) all investments out of moneys in the Fund authorised to be made by this Act and the proceeds of any of those investments, including the net income from those investments; ( ba ) all moneys paid to or recovered by the Board (whether pursuant to any contract entered into, any legal action taken, or otherwise) in connection with the provision of any financing, incentive or grant from the Fund; [Act 29 of 2023 wef 18/09/2023] ( c ) all composition sums paid under section 28; and ( d ) all moneys received by the Board by way of charges and fees for services rendered by the Board to any person. (2) For the purposes of subsection (1)( b ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Fund any profit derived or loss sustained (as the case may be) from the realisation of those investments.


document_id: npfa-2010
provision_ref: s4
chapter: PART 2 - NATIONAL PRODUCTIVITY FUND
section: 4
title: Purposes of Fund
content:
4. —(1) The moneys in the Fund may be withdrawn and applied for all or any of the following purposes only: ( a ) the provision (whether directly or through an intermediary) of financing (but not loans) or incentives (including grants and scholarships) to any public authority, enterprise, educational institution or other person (whether in Singapore or elsewhere) undertaking or facilitating any programme on matters relating to productivity enhancement and continuing education; [Act 29 of 2023 wef 18/09/2023] ( aa ) the provision of grants (whether directly or through an intermediary) to any enterprise, for the purpose of — (i) making investments in Singapore; or (ii) carrying out economic activities in Singapore, in order to develop the Singapore economy or any part thereof; [Act 29 of 2023 wef 18/09/2023] ( b ) the payment of expenses incurred by the Board in the performance of its functions and the discharge of its duties under this Act, including any remuneration or allowances payable to the members of the Board who are not public officers; ( c ) the payment of all expenses incidental to or arising from the administration, investment and management of moneys in the Fund. (2) Except as otherwise provided by this section, a payment must not be made out of the Fund unless the payment is authorised by the Board.


document_id: npfa-2010
provision_ref: s5
chapter: PART 2 - NATIONAL PRODUCTIVITY FUND
section: 5
title: Withdrawals
content:
5. Moneys must not be withdrawn from the Fund unless they are charged upon the Fund or are authorised to be withdrawn under this Act.


document_id: npfa-2010
provision_ref: s6
chapter: PART 2 - NATIONAL PRODUCTIVITY FUND
section: 6
title: Transfer of money upon dissolution
content:
6. Upon dissolution of the Fund during any term of office of the Government (within the meaning of the Constitution), the balance of the moneys remaining in that Fund must be transferred to the Consolidated Fund and be added to the reserves of the Government not accumulated by it during that term of office.


document_id: npfa-2010
provision_ref: s7
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Establishment and incorporation of Productivity Fund Administration Board
content:
7. A body called the Productivity Fund Administration Board is established, which is a body corporate with perpetual succession and is, by that name, capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: npfa-2010
provision_ref: s8
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Common seal
content:
8. —(1) The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit. (2) All deeds, documents and other instruments requiring the seal of the Board must be sealed with the common seal of the Board in the presence of any 2 officers of the Board duly authorised by the Board to act in that behalf and must be signed by those officers. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed. (4) The Board may by resolution or otherwise appoint an employee of the Board or any other agent, either generally or in a particular case, to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.


document_id: npfa-2010
provision_ref: s9
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 9
title: Constitution of Board
content:
9. —(1) The Board consists of the following members: ( a ) a Chairperson; and ( b ) not less than 3 but not more than 6 other members as the Minister may determine. (2) The First Schedule has effect with respect to the Board, its members and proceedings.


document_id: npfa-2010
provision_ref: s10
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 10
title: Functions and duties of Board
content:
10. —(1) Subject to the provisions of this Act, the functions and duties of the Board are — ( a ) to evaluate and review the proposals relating to the usage of the moneys in the Fund; ( b ) to approve the payment of money from the Fund for the purposes set out in section 4; ( c ) to manage and administer the Fund in accordance with this Act; and ( d ) to carry out any other functions imposed upon the Board by or under this Act or any other written law. (2) The Board may undertake any other functions that the Minister may assign to the Board and in so doing, the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of those functions. (3) Nothing in this section imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.


document_id: npfa-2010
provision_ref: s11
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 11
title: Powers of Board
content:
11. —(1) Subject to the provisions of this Act, the Board may carry on any activities that appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the performance of its functions and the discharge of its duties under this Act or any other written law and, in particular, the Board may exercise any of the powers specified in the Second Schedule. (2) Despite subsection (1), the Board may, with the Minister’s approval, carry on such other activities incidental to the performance of its functions and the discharge of its duties under this Act or any other written law as the Board may, from time to time, consider expedient. (3) The Board must provide the Minister with information with respect to its property and activities in such manner and at such times as the Minister may require. (4) This section does not limit any power of the Board conferred by or under any other written law.


document_id: npfa-2010
provision_ref: s12
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 12
title: Appointment of committees and delegation of powers
content:
12. —(1) The Board may appoint from among its members or from other persons who are not members any number of committees that it thinks fit for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees, including but not limited to providing advice and guidance to the Board on the evaluation and review of the proposals relating to the usage of the moneys in the Fund. (2) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any committee appointed under subsection (1) or to the Chairperson or any Executive Secretary or to any other member, officer or employee of the Board, any of the functions, duties or powers of the Board under this Act or any other written law, except — ( a ) the power of delegation conferred by this section; ( b ) the power to make any subsidiary legislation; and ( c ) the power to borrow money. (3) Any function, duty or power delegated under subsection (2) to any committee or person may be performed, discharged or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Board. (4) No delegation under this section prevents the performance, discharge or exercise of any function, duty or power by the Board.


document_id: npfa-2010
provision_ref: s13
chapter: PART 3 - ESTABLISHMENT, INCORPORATION AND
section: 13
title: Symbol or representation of Board
content:
13. —(1) The Board has the exclusive right to the use of any symbol or representation that the Board may select or devise and to display or exhibit that symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation which — ( a ) is identical with that of the Board; or ( b ) so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to — ( c ) a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( d ) in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: npfa-2010
provision_ref: s14
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 14
title: Appointment of Executive Secretaries and other employees
content:
14. —(1) The Board must appoint one or more Executive Secretaries on such terms and conditions as the Board may determine. (2) Each Executive Secretary — ( a ) is known by such designation as the Board may determine; and ( b ) is responsible to the Board for the proper administration and management of the functions and affairs of the Board in accordance with the policy laid down by the Board. (3) If any Executive Secretary is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any other reason temporarily unable to perform his or her duties, another person may be appointed by the Board to act in the place of the Executive Secretary during that period of absence from duty. (4) The Board may, from time to time, appoint and employ on such terms and conditions as the Board may determine such officers and employees as may be necessary for the effective performance of its functions and discharge of its duties under this Act or any other written law.


document_id: npfa-2010
provision_ref: s15
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 15
title: Protection from personal liability
content:
15. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or any other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law conferring or imposing a function or power or imposing a duty on the Board. (2) Where the Board provides a service to the public by which information is supplied to the public pursuant to any written law, neither the members of the Board nor any of its officers or employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such member, officer or employee.


document_id: npfa-2010
provision_ref: s16
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 16
title: Public servants
content:
16. All members, officers and employees of the Board are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: npfa-2010
provision_ref: s17
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 17
title: Preservation of secrecy
content:
17. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or under the provisions of any written law, a person who is or has been — ( a ) a member, or an officer, employee, adviser or agent, of the Board; or ( b ) a member of a committee of the Board, must not disclose any information relating to the affairs of the Board or of any other person which has been obtained by the person in the performance of his or her duties or the exercise of his or her functions under this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: npfa-2010
provision_ref: s18
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 18
title: Bank accounts
content:
18. —(1) The Board must open and maintain one or more accounts with any bank or banks that the Board thinks fit. (2) Every such account must be operated by such person or persons authorised to do so by the Board.


document_id: npfa-2010
provision_ref: s19
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 19
title: Annual estimates
content:
19. —(1) The Board must, in every financial year, prepare or cause to be prepared and must adopt annual estimates of income and expenditure of the Board for the ensuing financial year. (2) Supplementary estimates may be adopted by the Board at any of its meetings. (3) A copy of all annual estimates and supplementary estimates must, upon their adoption by the Board, be sent immediately to the Minister. (4) The Minister may approve or disallow any item or portion of any item shown in the estimates, and must return the estimates as amended by him or her to the Board, and the Board is bound thereby.


document_id: npfa-2010
provision_ref: s20
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 20
title: Investments
content:
20. The Board may — ( a ) invest the Fund in any manner that it thinks fit; and ( b ) engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from the investment.


document_id: npfa-2010
provision_ref: s22
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 22
title: Annual financial statements, etc.
content:
22. —(1) The Board must, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairperson and an Executive Secretary, together with a copy of the auditor’s report. (2) Where the Auditor‑General is not the auditor of the Board, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General at the same time they are submitted to the Board. (3) The Minister must, as soon as practicable, cause a copy of the audited financial statements and of the auditor’s report mentioned in subsection (1) to be presented to Parliament.


document_id: npfa-2010
provision_ref: s23
chapter: PART 4 - STAFF AND FINANCIAL PROVISIONS
section: 23
title: Annual report
content:
23. —(1) The Board must, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Board during the preceding financial year and containing any information relating to the proceedings and policy of the Board that the Minister may direct. (2) The Minister must, as soon as practicable, cause a copy of every such report to be presented to Parliament.


document_id: npfa-2010
provision_ref: s24
chapter: PART 5 - MISCELLANEOUS
section: 24
title: Powers to obtain information and call for return
content:
24. —(1) The Board or any officer, employee or agent of the Board authorised by the Board in that behalf may by written notice require any person to provide, within the time specified in the notice, any information or document that may be required by the Board or the officer, employee or agent of the Board (as the case may be) for the purpose of inquiring into or ascertaining — ( a ) the truth or correctness of any statement which has been made, or of any information which has been given, by a person who has applied for any financing, incentive or grant from the Board; or [Act 29 of 2023 wef 18/09/2023] ( b ) whether any financing, incentive or grant from the Board has been properly applied by the person to whom it was provided. [Act 29 of 2023 wef 18/09/2023] (2) The Board or any officer, employee or agent of the Board authorised by the Board in that behalf has at all times full and free access to all lands, buildings, places, books, documents and other papers for any of the purposes of this Act and may for any such purpose inspect, make copies of or take extracts from those books, documents or papers, or take possession of any of those books, documents or papers, if, in the opinion of the Board or the person so authorised — ( a ) the inspection or copying of or extraction from the books, documents or papers cannot reasonably be performed without taking possession of them; ( b ) the books, documents or papers may be interfered with or destroyed unless possession of them is taken; or ( c ) the books, documents or papers may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, this Act.


document_id: npfa-2010
provision_ref: s25
chapter: PART 5 - MISCELLANEOUS
section: 25
title: Penalty for obstructing Board in carrying out duties
content:
25. Any person who at any time hinders or obstructs the Board or any officer, employee or agent of the Board acting in the discharge of their duties under this Act 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.


document_id: npfa-2010
provision_ref: s26
chapter: PART 5 - MISCELLANEOUS
section: 26
title: Forgery of certificates, false or misleading information, statement or document
content:
26. If any person — ( a ) forges or counterfeits any document or certificate required by the Board for the purposes of this Act; ( b ) gives any information required by the Board for the purposes of this Act knowing it to be false in any material particular; or ( c ) obtains any financing, incentive or grant from the Fund under this Act by means of any false or misleading statement or any document that is false or misleading in any material particular, [Act 29 of 2023 wef 18/09/2023] the person 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.


document_id: npfa-2010
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Offences by bodies corporate, etc.
content:
27. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) The Minister may make rules to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: npfa-2010
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Composition of offences
content:
28. —(1) An Executive Secretary or any officer authorised by an Executive Secretary may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $2,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Board may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid into the Fund.


document_id: npfa-2010
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Regulations
content:
29. The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.


document_id: nppa-1974
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “chief editor” includes the executive editor, the managing editor and any other person who controls the policy of a newspaper; “company” means a company incorporated or registered under the Companies Act 1967 or under any corresponding previous written law; “declared foreign newspaper” means any newspaper published outside Singapore which has been declared by the Minister under section 24(1) to be engaging in the domestic politics of Singapore; “document” means any printed newspaper or sheet of paper or other material and any printed pamphlet, leaflet, map, chart and plan, and includes any documents bound together; “journalist” includes an editor, a sub-editor, an editorial writer, a reporter and any other person whose business it is to edit or write for a newspaper; “newspaper” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence, reports of occurrences, or to any other matter of public interest, printed in any language and published for sale or free distribution at regular intervals or otherwise, but does not include any publication published by or for the Government; “newspaper company” means a public company limited by shares which has complied with section 10; “newspaper register” means the books which are to be kept by the Registrar under section 30; “officer of customs” has the meaning given by the Customs Act 1960; “place”, in the phrases “place of business” and “place of residence”, means the street, square or other place and the number or other designation of the house; “proprietor” includes the chief executive officer of a newspaper company; “Registrar” means the Registrar of Newspapers and includes any Deputy or Assistant Registrar of Newspapers appointed by the Minister under section 29; “senior officer of customs” has the meaning given by the Customs Act 1960. [4/2003] (2) For the purposes of this Act, expressions referring to printing must be construed as including writing, lithography, photography and other modes of representing or reproducing words or objects in a visible form.


document_id: nppa-1974
provision_ref: s3
chapter: PART 2 - PRINTING PRESSES
section: 3
title: Licence to use printing press
content:
3. —(1) The Minister may grant to any person in Singapore a licence to keep and use a press for the printing of documents and may at any time withdraw the licence either permanently or for a period. (2) A licence must be in the prescribed form. (3) Any person to whom a licence is refused or whose licence is withdrawn may appeal to the President whose decision is final. (4) A person must not keep for use or use any printing press without a licence. (5) For the purposes of this section, the occupier of any premises on which any printing press is found is deemed to have kept it for use until the occupier proves the contrary. (6) Every licence granted under subsection (1) is ordinarily for one year from the date of its issue. (7) The withdrawal of any licence is deemed to be sufficiently communicated to the licensee if a notice of withdrawal is personally served on the person in charge of the printing press.


document_id: nppa-1974
provision_ref: s4
chapter: PART 2 - PRINTING PRESSES
section: 4
title: Register of printing presses
content:
4. The Registrar must keep a register of printing presses, in which he or she must enter any particulars prescribed relating to — ( a ) persons licensed under section 3 and to printing presses; or ( b ) any document or class of documents exempted under section 44 from all or any of the provisions of this Act. Documents


document_id: nppa-1974
provision_ref: s5
chapter: PART 2 - PRINTING PRESSES
section: 5
title: Printed document to bear name of printer and publisher
content:
5. —(1) Every document printed within Singapore must have printed legibly on its first or last printed leaf the name of its printer and publisher. (2) A person must not print, publish, distribute or assist in distributing any document which does not comply with the requirements of this section.


document_id: nppa-1974
provision_ref: s6
chapter: PART 2 - PRINTING PRESSES
section: 6
title: Printer to keep copy of document and to produce it to authorised person
content:
6. Every person who prints any document must, during 6 months from the date of the printing of the document — ( a ) keep one copy on which he or she must write or print the name and place of residence of the person by whom he or she is employed to print it; and ( b ) produce the document to any person authorised by the Minister in that behalf if required to do so.


document_id: nppa-1974
provision_ref: s7
chapter: PART 3 - NEWSPAPER COMPANIES
section: 7
title: Application and interpretation of this Part
content:
7. —(1) This Part applies to any newspaper published at intervals not exceeding one week unless the newspaper has been exempted from the provisions of this Part. (2) Sections 11 to 18 apply to, and in relation to, all individuals whether resident in Singapore or not and whether citizens of Singapore or not, and to all bodies corporate or unincorporate, whether incorporated or carrying on business in Singapore or not. (3) In sections 11 to 18, unless the context otherwise requires — “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “share”, in relation to a newspaper company, means an ordinary share of the newspaper company; “substantial shareholder” has the meaning given by section 81 of the Companies Act 1967; “voting share” has the meaning given by section 4(1) of the Companies Act 1967.


document_id: nppa-1974
provision_ref: s8
chapter: PART 3 - NEWSPAPER COMPANIES
section: 8
title: Publisher of newspaper to be newspaper company unless exempted from this Part
content:
8. —(1) A newspaper to which this Part applies must not be published in Singapore except by a newspaper company unless the newspaper has been exempted from the provisions of this Part. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. (3) For the purposes of subsection (1), a newspaper is deemed to be published outside Singapore if its contents and editorial policy are determined outside Singapore and its sales or distribution are not intended primarily for Singapore.


document_id: nppa-1974
provision_ref: s9
chapter: PART 3 - NEWSPAPER COMPANIES
section: 9
title: Memorandum and articles to be approved
content:
9. —(1) Despite the provisions of the Companies Act 1967, the memorandum or articles of association of a proposed newspaper company must not be presented for registration unless there is lodged with them the Registrar’s written approval. (2) The memorandum and articles of association of a newspaper company must not be altered without the Registrar’s written approval.


document_id: nppa-1974
provision_ref: s10
chapter: PART 3 - NEWSPAPER COMPANIES
section: 10
title: Special features of newspaper company
content:
10. —(1) Subject to subsection (15), in every newspaper company — ( a ) all the directors must be citizens of Singapore; ( b ) there are to be 2 classes of shares, namely, management shares and ordinary shares; and ( c ) management shares must not be issued or transferred except to citizens of Singapore or corporations who or which have been granted the Minister’s written approval. (2) A newspaper company must not refuse to issue or to accept the transfer of management shares to any person who has been granted the Minister’s written approval to purchase or hold the shares except for reasons to be given in writing acceptable to the Minister. (3) An appeal against any decision of the Minister under subsection (2) lies to the President whose decision is final. (4) As soon as practicable after 1 January 1975, every newspaper company must issue a number of management shares as is equal to 1% or more of its issued and paid-up capital; and where any subsequent issue of shares is made by the newspaper company, 1% of every such issue must consist of management shares. (5) Management shares issued under subsection (4) must be for cash and in accordance with the terms specified in this section and — ( a ) in the case of a newspaper company the shares of which are quoted on a stock exchange in Singapore or elsewhere — at a price that is equivalent to the market price of the ordinary shares prevailing at the date of the issue; ( b ) in the case of a newspaper company the shares of which are not quoted on a stock exchange in Singapore or elsewhere — at a fair and reasonable value that the Minister may determine. (6) Upon the determination by the Minister under subsection (5)( b ) of a fair and reasonable value to be placed upon management shares, a newspaper company is bound to issue the management shares as soon as practicable at that determined value. (7) A person must not continue to hold management shares of a newspaper company if the Minister’s approval given under subsection (1)( c ) or (15) has been revoked, and on such revocation — ( a ) the person ceases to have any voting rights under those management shares; and ( b ) the newspaper company must, as soon as practicable, arrange for the person to be issued with one ordinary share in exchange for each management share held by the person. (8) The directors of a newspaper company must, on the requisition of the holders of at least one-quarter of its issued management shares, immediately proceed to convene an extraordinary general meeting of the company to be held as soon as practicable but in any case not later than 2 months after the company receives the requisition. (9) Section 176 of the Companies Act 1967 (except subsections (1) and (1A) thereof) has effect in relation to the requisition under subsection (8). [35/2014] (10) The holders of both the management and the ordinary shares of a newspaper company are to rank pari passu in respect of all dividends declared by the company and in respect of all bonus and rights issues made by the company as well as in the right to return of capital and to participation in all surplus assets of the company in liquidation. (11) A holder of management shares is entitled either on a poll or by a show of hands to 200 votes for each management share held by the holder on any resolution relating to the appointment or dismissal of a director or any member of the staff of a newspaper company but has in all other respects the same voting rights as the holder of ordinary shares. (12) Voting on the appointment or dismissal of a director must be by means of a poll and not by a show of hands. (13) A holder of management shares must not deal in or in any way mortgage the shares except with the Minister’s approval. (14) Management shares must not — ( a ) be offered, before issue, to ordinary shareholders; or ( b ) be quoted or dealt in on a stock exchange in Singapore or elsewhere. [21/2005] (15) The Minister may in writing approve the purchase or acquisition or the holding of management shares by any person who is not a citizen of Singapore and for the appointment of any such person as a director of a newspaper company. (16) This section has effect despite any other written law or anything contained in the memorandum or articles of association of a newspaper company. (17) In this section, “surplus assets” means all the assets of a newspaper company remaining after the liabilities of the company have been discharged and after the costs of the winding up have been paid or provided for, but before any capital has been paid to the ordinary shareholders or any profits distributed to them.


document_id: nppa-1974
provision_ref: s11
chapter: PART 3 - NEWSPAPER COMPANIES
section: 11
title: Control of substantial shareholdings in newspaper companies
content:
11. —(1) A person must not, on or after 2 September 2002, become a substantial shareholder of a newspaper company without first obtaining the Minister’s approval. (2) Subject to section 13(4), a person who, immediately before 2 September 2002, is a substantial shareholder of a newspaper company must not continue to be a substantial shareholder unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be such a shareholder. (3) A person must not, on or after 2 September 2002, enter into any agreement or arrangement, whether oral or in writing and whether express or implied, to act together with any other person with respect to the acquisition, holding or disposal of, or the exercise of rights in relation to, their interests in voting shares of an aggregate of more than 5% of the total votes attached to all voting shares in a newspaper company without first obtaining the Minister’s approval. [21/2005] (4) Subject to section 13(4), any person who, at any time before 2 September 2002, has entered into an agreement or arrangement mentioned in subsection (3) must not continue to be a party to that agreement or arrangement unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be a party to that agreement or arrangement. (5) For the purposes of this section, a person has an interest in any share if — ( a ) the person is deemed to have an interest in that share under section 7 of the Companies Act 1967; or ( b ) the person otherwise has a legal or an equitable interest in that share except for such interest that is to be disregarded under section 7 of the Companies Act 1967.


document_id: nppa-1974
provision_ref: s12
chapter: PART 3 - NEWSPAPER COMPANIES
section: 12
title: Control of shareholdings and voting power in newspaper companies
content:
12. —(1) A person must not, on or after 2 September 2002, become — ( a ) a 12% controller; or ( b ) an indirect controller, of a newspaper company without first obtaining the Minister’s approval. (2) Subject to section 13(4), a person who, immediately before 2 September 2002, is — ( a ) a 12% controller; or ( b ) an indirect controller, of a newspaper company must not continue to be such a controller unless the person has, within 6 months after that date or any longer period that the Minister may allow, applied to the Minister for approval to continue to be such a controller. (3) In subsections (1)( a ) and (2)( a ), “12% controller” means a person who alone or together with the person’s associates — ( a ) holds at least 12% of the shares in the newspaper company; or ( b ) is in a position to control voting power of at least 12% in the newspaper company. (4) For the purposes of subsection (3) — ( a ) a person holds a share if — (i) the person is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act 1967; or (ii) the person otherwise has a legal or an equitable interest in that share except for any interest that is to be disregarded under section 7(6) to (10) of the Companies Act 1967; ( b ) a reference to the control of a percentage of the voting power in a newspaper company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the newspaper company; and ( c ) a person ( A ) is an associate of another person ( B ) if — (i) A is the spouse or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; (ii) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B , or where B is a corporation, of the directors of B ; (iii) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A , or where A is a corporation, of the directors of A ; (iv) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B ; (v) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A ; (vi) A is a related corporation of B ; (vii) A is a corporation in which B , alone or together with other associates of B as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in A ; (viii) B is a corporation in which A , alone or together with other associates of A as described in sub‑paragraphs (ii) to (vi), is in a position to control at least 20% of the voting power in B ; or (ix) A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the newspaper company. (5) In subsections (1)( b ) and (2)( b ), “indirect controller” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a newspaper company — ( a ) in accordance with whose directions, instructions or wishes the directors of the newspaper company are accustomed or under an obligation, whether formal or informal, to act; or ( b ) who is in a position to determine the policy of the newspaper company, but does not include any person — ( c ) who is a director or other officer of the newspaper company; ( d ) who is a holder of any management share; or ( e ) in accordance with whose directions, instructions or wishes the directors of the newspaper company are accustomed to act by reason only that they act on advice given by the person in his or her professional capacity.


document_id: nppa-1974
provision_ref: s13
chapter: PART 3 - NEWSPAPER COMPANIES
section: 13
title: Approval of applications
content:
13. —(1) The Minister may approve an application made by any person under section 11 or 12 if the Minister is satisfied that — ( a ) the person is a fit and proper person; ( b ) having regard to the person’s likely influence, the newspaper company will or will continue to conduct its business prudently and comply with the provisions of this Act; and ( c ) it is in the national interest to do so. (2) Any approval under this section may be granted to any person subject to any conditions that the Minister may determine, including but not limited to any condition — ( a ) restricting the person’s disposal or further acquisition of shares or voting power in the newspaper company; or ( b ) restricting the person’s exercise of voting power in the newspaper company. (3) Any condition imposed under subsection (2) has effect despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the newspaper company. (4) Where the Minister does not approve an application made by any person under section 11(2) or (4) or 12(2), the person must, within the time that the Minister may specify, take any steps that are necessary — ( a ) in the case of section 11(2), to cease to be a substantial shareholder; ( b ) in the case of section 11(4), to cease to be a party to the agreement or arrangement; or ( c ) in the case of section 12(2), to cease to be — (i) a 12% controller; or (ii) an indirect controller, as the case may be. 14. [ Repealed by Act 31 of 2022 wef 01/11/2022 ]


document_id: nppa-1974
provision_ref: s15
chapter: PART 3 - NEWSPAPER COMPANIES
section: 15
title: Objection to existing control of newspaper company
content:
15. —(1) The Minister may serve a written notice of objection on any person mentioned in section 11 or 12 if the Minister is satisfied that — ( a ) any condition of approval imposed on the person under section 13(2) has not been complied with; ( b ) the person ceases to be a fit and proper person; ( c ) having regard to the person’s likely influence, the newspaper company is no longer likely to conduct its business prudently or to comply with the provisions of this Act; ( d ) it is no longer in the national interest to allow the person to continue to be a party to the agreement or arrangement described in section 11(3) or (4), or to continue to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; ( e ) the person has provided false or misleading information or documents in connection with an application under section 11 or 12; or ( f ) the Minister would not have granted his or her approval under section 13 had the Minister been aware, at that time, of the circumstances relevant to the person’s application for such approval. (2) Before the service of a written notice of objection, the Minister must, unless he or she decides that it is not practicable or desirable to do so, cause to be given to the person concerned written notice of his or her intention to serve the written notice of objection, specifying a date by which the person may make written representations with regard to the proposed written notice of objection. (3) Upon receipt of the written representations of any person mentioned in subsection (2), the Minister must consider the written representations for the purpose of determining whether to issue a written notice of objection. (4) The Minister must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must — ( a ) take any steps that are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 11(3) or (4), or ceases to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; or ( b ) comply with any direction or restriction that the Minister may make under section 16. (5) Any person served with a written notice of objection under this section must comply with the notice.


document_id: nppa-1974
provision_ref: s16
chapter: PART 3 - NEWSPAPER COMPANIES
section: 16
title: Power to make directions
content:
16. —(1) Without affecting section 17, if the Minister is satisfied that any person has contravened section 11, 12, 13(4) or 15(5) or any condition imposed under section 13(2), or if the Minister has served a written notice of objection under section 15, the Minister may, by written notice — ( a ) direct the transfer or disposal of all or any of the shares in the newspaper company held by the person or any of the person’s associates (called in this section the specified shares) within the time and subject to any conditions that the Minister considers appropriate; ( b ) restrict the transfer or disposal of the specified shares; or ( c ) make any other direction or restriction that the Minister considers appropriate. (2) Any person to whom a notice is given under subsection (1) must comply with any direction or restriction that is specified in the notice. (3) In the case of any direction or restriction made under subsection (1)( a ) or ( b ), despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the newspaper company — ( a ) voting rights are not exercisable in respect of the specified shares unless the Minister expressly permits the rights to be exercised; ( b ) shares of the newspaper company must not be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified shares unless the Minister expressly permits the issue or offer; and ( c ) except in a liquidation of the newspaper company, payment must not be made by the newspaper company of any amount (whether by way of dividends or otherwise) in respect of the specified shares unless the Minister expressly authorises the payment, until a transfer or disposal is effected in accordance with the direction or until the restriction on a transfer or disposal is removed, as the case may be. (4) In this section, “associate” has the meaning given by section 12(4)( c ).


document_id: nppa-1974
provision_ref: s17
chapter: PART 3 - NEWSPAPER COMPANIES
section: 17
title: Offences, penalties and defences
content:
17. —(1) Any person who contravenes section 11, 12(1)( a ) or (2)( a ) or 13(4)( a ), ( b ) or ( c )(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (2) Any person who contravenes section 12(1)( b ) or (2)( b ), 13(4)( c )(ii), 15(5) or 16(2) or any condition imposed under section 13(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (3) Where a person is charged with an offence in respect of a contravention of section 11 or 12, it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened section 11 or 12, as the case may be; and ( b ) the person has, within 14 days of becoming aware that the person had contravened section 11 or 12 (as the case may be) notified the Minister of the contravention and, within any time that may be determined by the Minister, taken such actions in relation to the person’s shareholding or control of the voting power in the newspaper company as the Minister may direct. (4) Where a person is charged with an offence in respect of a contravention of section 12(1), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the shareholding as described in section 12(4)( a ) of, or in the voting power controlled by, any of the person’s associates described in section 12(4)( c )(i); ( b ) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to, the newspaper company; and ( c ) the person has, within 14 days of the date of the contravention, notified the Minister of the contravention and, within any time that may be determined by the Minister, taken such action in relation to the person’s shareholding or control of the voting power in the newspaper company as the Minister may direct. (5) Except as provided in subsections (3) and (4), it is not a defence for a person charged with an offence in respect of a contravention of section 11 or 12 to prove that the person did not intend to or did not knowingly contravene section 11 or 12, as the case may be.


document_id: nppa-1974
provision_ref: s18
chapter: PART 3 - NEWSPAPER COMPANIES
section: 18
title: Power to obtain information
content:
18. —(1) The Registrar may, by written notice, direct any newspaper company to obtain from any of its shareholders and to transmit to the Registrar information — ( a ) as to whether that shareholder holds any share in the newspaper company as beneficial owner or as trustee; and ( b ) if the shareholder holds the share as trustee, to indicate, so far as the shareholder can, the person for whom the shareholder holds the share (either by name or by other particulars sufficient to enable that person to be identified) and the nature of that person’s interest, and the newspaper company must comply with that direction within any time that may be specified in the notice. (2) The Registrar may, by written notice, require any person ( A ) who is a shareholder of a newspaper company, or who appears from the information provided to the Registrar under subsection (1) or this subsection to have an interest in any share in a newspaper company, to inform the Registrar — ( a ) whether A holds that interest as beneficial owner or as trustee, and if A holds the interest as trustee, to indicate, so far as A can, the person ( B ) for whom A holds the interest (either by name or by other particulars sufficient to enable B to be identified) and the nature of B ’s interest; or ( b ) whether any share or any voting right attached to the share is the subject of an agreement or arrangement described in section 11(3) or (4) or 12(4)( c )(ix), and if so, to give particulars of the agreement or arrangement and the parties to it, and A must comply with that notice within any time that may be specified in the notice. (3) Any person who — ( a ) fails to comply with a notice under this section; or ( b ) in purported compliance of the notice, knowingly or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: nppa-1974
provision_ref: s19
chapter: PART 3 - NEWSPAPER COMPANIES
section: 19
title: Funds from foreign source for the purposes of a newspaper other than commercial purposes prohibited
content:
19. —(1) Subject to this section, a person must not, on or after the grant or renewal of a permit under section 21, receive on behalf or for the purposes of any newspaper to which this Part applies any funds from a foreign source without the Minister’s prior approval. (2) The Minister may grant approval if the Minister is satisfied, on any information that the Minister may require to be provided to him or her, that the funds from a foreign source are intended for bona fide commercial purposes. (3) Despite subsection (1), where any funds from a foreign source are sent to a person without the person’s prior knowledge, consent or solicitation and the funds are intended for or given by the donor for the purposes of the newspaper, that person must, within 3 days of the receipt of the funds, report the circumstances and particulars of the receipt of the funds and the purposes for which the funds were received to the Minister. (4) Where funds from a foreign source have been received by a person for the purposes of the newspaper under subsection (3) and the Minister refuses to approve the retention of those funds, the person must, within the time that the Minister specifies — ( a ) return them to the sender of the funds; or ( b ) if the sender cannot be traced, the funds must be donated to any charity specified by the Minister. (5) In this section — “foreign source” includes — ( a ) the government of a country outside Singapore or the agent of any such government, whether resident in Singapore or otherwise; ( b ) any company, association or society incorporated or constituted under any law in force outside Singapore whether or not it has a branch office or place of business in Singapore; ( c ) any person who is not a citizen of Singapore whether or not the person is resident in Singapore; ( d ) any — (i) body corporate formed or incorporated in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of the company are not citizens of Singapore; or (ii) unincorporated association or body constituted under any law in force in Singapore, one or more of whose members or directors are not citizens of Singapore, or in the case of a member being another company, where one or more of the members or directors of the company are not citizens of Singapore, that the Minister may, by notification in the Gazette , declare to be a foreign source for the purposes of this section; or ( e ) any other source outside Singapore that the Minister may, by notification in the Gazette , declare to be a foreign source for the purposes of this section; “funds” means money, securities, movable or immovable property or other valuable consideration; “funds from a foreign source” includes funds provided by a foreign source indirectly through any agent of the foreign source. (6) Nothing in this section applies to any dealing by any person in the shares of a newspaper company quoted on a stock exchange in Singapore. (7) Any person who contravenes or fails to comply with subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both and the Court may, in addition to any other penalty that it may impose, order the forfeiture to the Government of any funds which are the subject of the charge. (8) Any journalist who, having received any funds from a foreign source for printing or publishing any news item or article or for adopting a particular line or bias in respect of any news item or article, fails to report in writing within 7 days to the managing director of the journalist’s newspaper company the receipt of those funds shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35. (9) Any funds received from outside Singapore by a journalist are presumed to be from a foreign source unless proved to the contrary.


document_id: nppa-1974
provision_ref: s20
chapter: PART 3 - NEWSPAPER COMPANIES
section: 20
title: Appeal to President
content:
20. Any person aggrieved by any refusal by the Minister to grant approval under any section in this Part may appeal to the President whose decision is final.


document_id: nppa-1974
provision_ref: s21
chapter: PART 4 - NEWSPAPERS
section: 21
title: No newspaper to be published without permit
content:
21. —(1) A person must not print or publish or assist in the printing or publishing of any newspaper in Singapore unless the chief editor or the proprietor of the newspaper has previously obtained a permit granted by the Minister authorising the publication thereof, which permit the Minister may grant, refuse or revoke, or grant subject to conditions to be endorsed thereon. (2) A permit must not be granted to the chief editor or the proprietor of any newspaper whose publication will constitute an offence under section 8. (3) Without limiting subsection (1), the Minister may — ( a ) direct that the newspaper must be printed in a language specified in the permit; and ( b ) before granting the permit require the applicant to execute a bond with or without sureties to secure the payment of any penalties which may be imposed upon the newspaper company, proprietor or editor of the newspaper under this Act or under any other written law. (4) Every permit unless sooner revoked is ordinarily for one year from the date of its issue, and may be renewed for further periods not exceeding 12 months in respect of each renewal. (5) Notice of the withdrawal of a permit to publish a newspaper must be published in the Gazette . (6) The Minister may make rules prescribing the particulars to be supplied by an applicant for a permit under this section. (7) A permit under this section is in addition to any licence granted under section 3 in respect of the printing press at which any newspaper is to be printed. (8) Any person dissatisfied with any decision of the Minister or with any condition imposed by the Minister under this section may appeal to the President whose decision is final. (9) Any person who contravenes this section or fails to comply with any condition attached to the grant of a permit under this section shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35. (10) This section does not apply to any offshore newspaper within the meaning of section 23.


document_id: nppa-1974
provision_ref: s22
chapter: PART 4 - NEWSPAPERS
section: 22
title:
Permit required for sale and distribution in Singapore of newspapers printed or published in Malaysia

content:
22. —(1) Any newspaper printed in Malaysia must not be published, sold, offered for sale or distributed in Singapore unless the proprietor of the newspaper or the proprietor’s agent has previously obtained and there is in force a permit granted by the Minister authorising the publication, sale or distribution of the newspaper in Singapore, which permit the Minister may grant, refuse or revoke, or grant subject to conditions to be endorsed thereon. (2) Nothing in this section affects the publication, sale, offer for sale or distribution of any newspaper in respect of which a permit has been granted under section 21. (3) Every permit has effect only in respect of the proprietor to whom it was granted and unless sooner revoked is ordinarily for one year from the date of its issue, and may be renewed for further periods of 12 months. (4) It is a condition of the grant of any permit under this section that any newspaper to which it refers must have printed legibly in the English or Malay language on its first or last printed leaf — ( a ) the name and address of its printer and its publisher; ( b ) the place or places where it is printed and published; and ( c ) an address within Singapore for the service of legal process upon the printer and the publisher or of a person or persons authorised by the printer and the publisher to accept service on their behalf. (5) The Minister may impose as conditions of the grant of a permit that the proprietor must — ( a ) establish and maintain a place of business within Singapore; ( b ) appoint persons within Singapore authorised to accept service of any notice or legal process on the proprietor’s behalf and on behalf of the printer or the publisher; and ( c ) provide the Registrar with the names and addresses of the persons so appointed. (6) Notice of the grant, refusal or revocation of a permit to sell and distribute a newspaper must be published in the Gazette . (7) Any person dissatisfied with the Minister’s decision as to the grant, refusal or revocation of a permit or with any condition imposed by the Minister as a condition of the grant of a permit under this section may appeal to the President whose decision is final.


document_id: nppa-1974
provision_ref: s23
chapter: PART 4 - NEWSPAPERS
section: 23
title: Permit required for sale and distribution in Singapore of offshore newspapers
content:
23. —(1) A person must not sell or distribute, or import for or possess for sale or distribution any offshore newspaper in Singapore unless there is in force a permit granted by the Minister to the proprietor of the newspaper or the proprietor’s agent authorising the sale or distribution of that newspaper in Singapore. (2) The Minister may grant the permit subject to conditions or may refuse to grant or revoke the permit without giving any reason. (3) Without limiting subsection (2), the Minister may in imposing conditions under that subsection — ( a ) specify that the maximum number of copies for each issue of the newspaper which may be sold or distributed in Singapore is to be determined from time to time by the Minister; ( b ) require the proprietor of the newspaper to appoint a person within Singapore authorised to accept service of any notice or legal process on the proprietor’s behalf and on behalf of the publisher and to provide the Registrar with the name and address of the person so appointed; and ( c ) require the proprietor of the newspaper to provide to the Registrar a deposit or some other form of security of any amount that the Minister may determine for the purpose of meeting any liability or costs arising out of any legal proceedings in connection with the publication of the newspaper. (4) Every permit has effect only in respect of the proprietor to whom it was granted and unless sooner revoked is ordinarily for one year from the date of its issue, and may be renewed for further periods not exceeding 12 months in respect of each renewal. (5) Notice of the grant or revocation of a permit to sell or distribute an offshore newspaper must be published in the Gazette . (6) In any proceedings under this section, it is presumed, until the contrary is proved, that any person found in possession of more than 5 copies of the same issue of an offshore newspaper had possession of them for sale or distribution. (7) In this section — ( a ) “offshore newspaper” means a newspaper published outside Singapore at intervals not exceeding one week which contains news, intelligence, reports of occurrences, or any remarks, observations or comments, relating to the politics and current affairs of any country in Southeast Asia, except where the circulation of every issue of the newspaper in Singapore is less than 300 copies; ( b ) for the purposes of paragraph ( a ), a newspaper is published outside Singapore if, and only if, its contents and editorial policy are determined outside Singapore. (8) This section does not apply to any newspaper in respect of which there is in force a permit granted under section 22 or to any copy of a newspaper reproduced with the Minister’s approval under section 25.


document_id: nppa-1974
provision_ref: s24
chapter: PART 4 - NEWSPAPERS
section: 24
title: Declared foreign newspapers
content:
24. —(1) The Minister may, by order in the Gazette , declare any newspaper published outside Singapore to be a newspaper engaging in the domestic politics of Singapore. (2) A person must not, without the Minister’s prior approval, sell or distribute or import for or possess for sale or distribution any declared foreign newspaper. (3) The Minister may grant approval under subsection (2) subject to conditions or may refuse to grant or revoke such approval without giving any reason. (4) The Minister may restrict the sale or distribution of each issue of any declared foreign newspaper granted approval under subsection (2) to the number of copies the Minister thinks fit, and may require the copies to be marked in the manner that the Minister may direct. (5) Any person who contravenes subsection (2) or fails to comply with any of the conditions imposed under subsection (3) or who sells or distributes any copy of a declared foreign newspaper which is not marked in accordance with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (6) In any proceedings under this section, it is presumed, until the contrary is proved, that any person found in possession of more than 5 copies of the same issue of a declared foreign newspaper had possession of them for sale or distribution.


document_id: nppa-1974
provision_ref: s25
chapter: PART 4 - NEWSPAPERS
section: 25
title: Prohibition on reproduction of declared foreign newspapers for sale or distribution
content:
25. —(1) A person must not reproduce for sale or distribution in Singapore any copy of a declared foreign newspaper without the Minister’s prior approval. (2) The Minister may grant approval under subsection (1) subject to conditions or may refuse to grant or revoke such approval without giving any reason. (3) Any person who has been granted approval by the Minister under subsection (2) to reproduce copies of a declared foreign newspaper must not make any profit as a result of the sale or distribution of copies of the declared foreign newspaper so reproduced but is permitted to recover the cost of production and services connected with the sale and distribution of those copies. (4) Any person who contravenes subsection (1) or (3), or fails to comply with any of the conditions imposed under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (5) Copies of a declared foreign newspaper reproduced with the Minister’s approval under subsection (2) do not constitute an infringement of copyright.


document_id: nppa-1974
provision_ref: s26
chapter: PART 4 - NEWSPAPERS
section: 26
title: Examination of persons entering Singapore
content:
26. —(1) Any person entering Singapore must, if the person is required to do so by the Registrar or any authorised officer — ( a ) declare whether or not the person has with the person any declared foreign newspaper; and ( b ) produce such declared foreign newspaper for examination. (2) The Registrar or any authorised officer may examine or search any person entering Singapore or any article which the person has with the person for the purpose of ascertaining whether the person has in the person’s possession any declared foreign newspaper and may seize any such newspaper which is not marked in accordance with section 24(4). (3) Any newspaper seized under subsection (2) may be detained for so long as the Registrar or authorised officer considers necessary. (4) The Registrar or authorised officer may, if any newspaper seized under subsection (2) is a declared foreign newspaper — ( a ) confiscate the newspaper; and ( b ) destroy it or cause it to be destroyed or permit it to be sent to a destination outside Singapore. (5) Any person who fails to comply with any requirement made by the Registrar or authorised officer under subsection (1) 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. (6) In this section, “authorised officer” means any person authorised by the Registrar or any police officer or officer of customs.


document_id: nppa-1974
provision_ref: s27
chapter: PART 4 - NEWSPAPERS
section: 27
title: Power to examine packages
content:
27. —(1) Any — ( a ) officer of a postal licensee not below the rank of postal superintendent; ( b ) officer of customs; ( c ) police officer; and ( d ) other officer authorised in that behalf by the Minister, may detain, open and examine any package or article which the officer suspects to contain any declared foreign newspaper and if such newspaper, which is not marked in accordance with section 24(4), is found in the package or article, the whole package or article may be impounded and retained by the officer who must deliver it to the Registrar. [34/2007] (2) The Registrar may destroy any declared foreign newspaper delivered under subsection (1) or may dispose of the newspaper in any manner directed by the Minister.


document_id: nppa-1974
provision_ref: s28
chapter: PART 4 - NEWSPAPERS
section: 28
title: Subscription of declared foreign newspapers
content:
28. —(1) A person must not subscribe to any declared foreign newspaper except through a distributor who is authorised by the Minister. (2) Any person who contravenes subsection (1) 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.


document_id: nppa-1974
provision_ref: s29
chapter: PART 4 - NEWSPAPERS
section: 29
title: Registrar of Newspapers
content:
29. —(1) The Minister may appoint a Registrar of Newspapers, and Deputy Registrars and Assistant Registrars of Newspapers, that the Minister thinks necessary for the proper administration of this Act. (2) The Registrar is charged with the general administration of this Act and the exercise of functions imposed on the Registrar by this Act. (3) The Registrar may authorise or appoint any person to assist him or her in the exercise of his or her functions and duties under this Act whether generally or in any particular case. (4) The Registrar and any person authorised or appointed by the Registrar under subsection (3) are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: nppa-1974
provision_ref: s30
chapter: PART 4 - NEWSPAPERS
section: 30
title: Newspaper register
content:
30. The Registrar must keep a newspaper register in books consisting of copies of the applications for permits and of the permits granted under section 21.


document_id: nppa-1974
provision_ref: s31
chapter: PART 4 - NEWSPAPERS
section: 31
title: Right to inspect newspaper register
content:
31. —(1) Any person may search and inspect the newspaper register during normal working hours on payment of a fee of $1 for every search and inspection. (2) Any person may obtain a copy of any entry in the newspaper register certified by the Registrar on payment of a fee of $2 for every copy.


document_id: nppa-1974
provision_ref: s32
chapter: PART 4 - NEWSPAPERS
section: 32
title: Copy of entry in register to be evidence
content:
32. —(1) Every such certified copy is to be received as conclusive evidence of the contents of the entry of which it purports to be a copy. (2) Every such certified copy is to, in all proceedings, whether civil or criminal, be accepted as sufficient evidence of all the matters and things thereby appearing, until the contrary is proved.


document_id: nppa-1974
provision_ref: s33
chapter: PART 5 - GENERAL
section: 33
title: Offences
content:
33. —(1) Any person who publishes, sells, offers for sale or distributes or abets the sale, offer for sale or distribution of any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (2) A person must not be convicted of any offence under subsection (1) if the person proves that the newspaper in respect of which the person is charged was published, sold, offered for sale or distributed (as the case may be) without the person’s authority, consent and knowledge and without any want of due care on the person’s part. (3) Any person who, without lawful excuse, has in the person’s possession, custody or control for the purpose of publication, sale or distribution any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35. (4) It is presumed until the contrary is proved that any person found in possession, custody or control of any such newspaper had it for the purpose of the publication, sale or distribution thereof. (5) Where any person is convicted of any offence under this section, any newspaper to which the proceedings relate must be forfeited and must be destroyed or otherwise disposed of as the court directs.


document_id: nppa-1974
provision_ref: s34
chapter: PART 5 - GENERAL
section: 34
title: Power to seize and detain illegal newspapers
content:
34. —(1) Any — ( a ) officer of a postal licensee not below the rank of postal superintendent; ( b ) senior officer of customs; or ( c ) police officer not below the rank of Inspector, may detain, open and examine any package or article which the officer suspects to contain any newspaper which is being or has been brought into Singapore for the purpose of publication, sale or distribution in contravention of any of the provisions of this Act or of any condition imposed in respect of any permit. [4/2003; 34/2007] (2) Any police officer or any officer of customs may seize and detain any newspaper found in the possession of any person which the police officer or the officer of customs has reasonable cause to believe has been printed, published, sold or distributed or is intended to be printed, published, sold or distributed in contravention of the provisions of this Act or of any conditions imposed in respect of any permit. (3) Any such newspaper which has been so printed, published, sold or distributed must, whether or not any person has been convicted of any offence in respect thereof — ( a ) be forfeited by order of a court; and ( b ) be destroyed or otherwise disposed of as the court directs. (4) A District Judge or a Magistrate may issue a warrant empowering any police officer not below the rank of sergeant to enter upon and search for any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act in any premises where any such newspaper is known or reasonably suspected to be. (5) Where it appears to any police officer not below the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act and the officer has reasonable grounds for believing that by reason of the delay which would be entailed by obtaining a search warrant the object of the search is likely to be frustrated, the officer may enter and search the premises as if the officer were empowered to do so by a warrant.


document_id: nppa-1974
provision_ref: s35
chapter: PART 5 - GENERAL
section: 35
title: Penalty
content:
35. Except as otherwise provided in this Act, any person who fails to comply with any of the requirements of this Act shall be guilty of an offence and shall be liable on conviction before a District Court or a Magistrate’s Court to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: nppa-1974
provision_ref: s37
chapter: PART 5 - GENERAL
section: 37
title: Consent for prosecution
content:
37. No prosecution may be instituted under this Act without the consent of the Public Prosecutor. [15/2010]


document_id: nppa-1974
provision_ref: s38
chapter: PART 5 - GENERAL
section: 38
title: Presumption
content:
38. For the purpose of any proceedings under this Act, a newspaper is presumed, until the contrary is proved, to have been printed or published at the place, if any, at which it is stated in any printing thereon to have been printed or published, as the case may be.


document_id: nppa-1974
provision_ref: s39
chapter: PART 5 - GENERAL
section: 39
title: Persons to act for company or firm
content:
39. —(1) For any of the purposes of this Act, a company may act by a director or its secretary, and a firm may act by any of its members. [S 26/2022 wef 13/01/2022] (2) In this section, “company” includes a variable capital company incorporated under the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: nppa-1974
provision_ref: s40
chapter: PART 5 - GENERAL
section: 40
title: Search for unlicensed printing presses
content:
40. Any person authorised by the Minister in that behalf who has reason to believe that any printing press is used or kept for use — ( a ) in any place without a licence granted under this Act; or ( b ) in any place not mentioned in that licence, may, with such assistance and by such force as may be necessary by night or day, enter into and search any such place and seize any printing press and all the types, documents and other articles found therein.


document_id: nppa-1974
provision_ref: s41
chapter: PART 5 - GENERAL
section: 41
title: Search when requirements of this Act not complied with
content:
41. Any person authorised by the Minister in that behalf who has reason to believe that any of the provisions of this Act is not being complied with by a person who is in possession of a licensed printing press may, with such assistance and by such force as may be necessary by night or day, enter into and search any place where the person believes the printing press to be kept and may seize any documents which do not comply with the provisions of this Act.


document_id: nppa-1974
provision_ref: s42
chapter: PART 5 - GENERAL
section: 42
title: Composition of offences
content:
42. —(1) The Minister or any officer authorised by the Minister may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence — ( a ) a sum of money not exceeding $1,000 in the case of an offence punishable on conviction with a fine not exceeding $5,000 (whether with or without imprisonment); or ( b ) a sum of money not exceeding $5,000 in the case of an offence punishable on conviction with a fine exceeding $5,000 (whether with or without imprisonment). (2) On payment of the sum of money, no further proceedings may be taken against the person in respect of the offence. (3) The Minister may make rules to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.


document_id: nppa-1974
provision_ref: s43
chapter: PART 5 - GENERAL
section: 43
title: Payment of fees, etc.
content:
43. —(1) Subject to subsection (2), all fees and other moneys collected under this Act must be paid to the Info-communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016. [22/2016] (2) All sums collected under section 42 for the composition of an offence under this Act must be paid into the Consolidated Fund. [22/2016]


document_id: nppa-1974
provision_ref: s44
chapter: PART 5 - GENERAL
section: 44
title: Exemption
content:
44. —(1) The Minister may, subject to any conditions that he or she may impose, by order in the Gazette — ( a ) exempt any class or description of shares or interests in shares from section 11 or 12 or both; or ( b ) exempt — (i) any person or class of persons; (ii) any document or class of documents; or (iii) any class or description of printing presses, from all or any of the provisions of this Act. (2) Nothing in this Act extends to the impression of any engraving or to the printing of any visiting or business card, bill‑head or letter heading.


document_id: nppa-1974
provision_ref: s45
chapter: PART 5 - GENERAL
section: 45
title: Rules
content:
45. The Minister may make rules — ( a ) for fixing the fees to be charged for permits and licences; ( b ) for prescribing the forms for permits and licences to be used under this Act; and ( c ) generally for carrying into effect the provisions of this Act.


document_id: nra-1965
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Commissioner” means the Commissioner of National Registration appointed under section 3; “document” means anything in which information of any description is recorded, whether in electronic or other form; “false identity card” means — ( a ) a document that is not an identity card but purports to be an identity card; or ( b ) an identity card that has been altered by an unauthorised person; “householder” means the owner, tenant, subtenant or occupier of a house, shophouse, flat, apartment, hut or other dwelling place; “identity card” means an identity card issued under this Act, and includes an identity card issued or deemed to be issued under the Registration of Persons Ordinance 1955 (Ordinance 32 of 1955); “immigration officer” means an immigration officer appointed under section 3 of the Immigration Act 1959; “personal identifier” means a personal identifier in any form (including digital form) that is specified in the Schedule; “police officer” has the meaning given by section 2(1) of the Police Force Act 2004; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “register” means the register specified in section 5; “registration officer”, in relation to any provision of this Act, means — ( a ) the Commissioner; ( b ) the Deputy Commissioner of National Registration; ( c ) an Assistant Commissioner of National Registration; or ( d ) a person appointed as a registration officer under section 3(4) for the purposes of that provision. [32/2016] (2) Unless the context otherwise requires — ( a ) a reference to the registration of a person under this Act includes a reference to the re‑registration of a person under this Act; and ( b ) a reference to a person who is registered, or required to be registered, under this Act includes a reference to a person who is re‑registered, or required to be re‑registered, under this Act. [32/2016] (3) The Minister may, by order in the Gazette , amend the Schedule, except that any other personal identifier so prescribed in the order — ( a ) must be an image, a measurement or a recording of an external part of the human body, or a measurement or a recording of a person’s voice; and ( b ) must not be an identifier the obtaining of which would involve the taking of an invasive sample from the human body within the meaning given by section 8 of the Registration of Criminals Act 1949. [32/2016] [Act 26 of 2022 wef 12/06/2023]


document_id: nra-1965
provision_ref: s3
section: 3
title: Appointment of officers
content:
3. —(1) The Minister may, from among public officers, appoint a Commissioner of National Registration, a Deputy Commissioner of National Registration and such number of Assistant Commissioners of National Registration as the Minister considers necessary for the purposes of this Act. [32/2016] (2) The Commissioner is, subject to the general or special directions of the Minister, responsible for the administration of this Act. [32/2016] (3) The Deputy Commissioner of National Registration and every Assistant Commissioner of National Registration may, subject to any conditions or restrictions that the Commissioner may impose, perform the functions and exercise the powers of the Commissioner under this Act. [32/2016] (4) The Commissioner may, subject to subsection (5) and any conditions or restrictions that the Commissioner thinks fit, appoint, by name or office, any of the following persons to be a registration officer for the purposes of this Act or any particular provision of this Act: ( a ) a public officer; ( b ) an employee of a public authority; ( c ) an employee of a prescribed institution. [32/2016] (5) Under subsection (4), only a public officer may be appointed as a registration officer for the purposes of section 21, 22, 24 or 25. [32/2016] (6) The Commissioner may delegate any of the Commissioner’s functions or powers under this Act (except the power to appoint registration officers or the power to delegate conferred by this section), either generally or specially and subject to any conditions or restrictions that the Commissioner thinks fit, to a registration officer described in subsection (4)( a ) or ( b ). [32/2016] (7) Every appointment and every delegation under this section must be in writing, and the instrument of appointment or delegation must be given to the appointee or delegate, as the case may be. [32/2016] (8) Where an officer specified in subsection (3) or a delegate of the Commissioner under subsection (6), in accordance with that subsection, performs (or is to perform) any function or exercises (or is to exercise) any power of the Commissioner under this Act, any reference to the Commissioner in this Act in respect of that function or power includes that officer or delegate, as the case may be. [32/2016]


document_id: nra-1965
provision_ref: s4
section: 4
title: Public servants and public officers, etc.
content:
4. Every registration officer — ( a ) is deemed to be a public servant for the purposes of the Penal Code 1871; and ( b ) is, in relation to his or her administration, collection or enforcement of payment of any fee, charge or composition sum under this Act, deemed to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to him or her even though he or she is not or was not in the employment of the Government. [3A [32/2016]


document_id: nra-1965
provision_ref: s5
section: 5
title: Establishment of register
content:
5. —(1) The Commissioner must cause to be kept and maintained a register of all persons in Singapore who are registered or required to be registered under this Act. [32/2016] (2) The register is to be in the form that the Commissioner thinks fit, and must contain — ( a ) the name and sex of every person registered or required to be registered under this Act; and [Act 17 of 2021 wef 29/05/2022] ( b ) any other particulars of that person that the Commissioner considers necessary. [32/2016] (3) A copy of or extract from any document, including a copy produced by way of microfilm or computer print-out, filed or lodged at the office of the Commissioner, certified to be a true copy or an extract under the hand and seal of the Commissioner is in any proceedings admissible in evidence as of equal validity with the original document. [4


document_id: nra-1965
provision_ref: s6
section: 6
title: Registration
content:
6. Subject to section 7 and any exemptions which may be granted by regulations made under section 33, every person lawfully resident within Singapore must be registered under and in accordance with this Act. [5 [32/2016]


document_id: nra-1965
provision_ref: s7
section: 7
title: Re-registration of persons in possession of identity cards
content:
7. —(1) Every person who, on 3 June 1990, is in possession of a valid identity card issued under this Act must re‑register under this Act within the period that the Minister may, by notification in the Gazette , specify. (2) All identity cards issued under this Act before 3 June 1990 cease to be valid on the expiry of the period within which persons in possession of the identity cards are required to be re-registered under subsection (1). (3) Nothing in this section prevents the re‑registration of a person who fails to re-register within the period specified in subsection (1). [6 [28/94]


document_id: nra-1965
provision_ref: s8
section: 8
title: Entry or alteration of names in register
content:
8. —(1) The name of a person to be entered in the register and, where the person’s name in the register is to be altered, the person’s altered name to be entered in the register — ( a ) must be in a form expressed in characters in the modern English alphabet; ( b ) may include a permitted character; and ( c ) must not exceed the number of characters permitted in the electronic form of the register for the entry of a name. [32/2016] (2) The Commissioner may refuse to enter or alter the name of a person in the register if the name (including the altered name) — ( a ) contains anything that represents or resembles a title, a rank or an award; ( b ) where the name adopts a patronymic or matronymic naming system to signify lineage, includes any expression or abbreviation (for the purpose of that naming system) that does not correspond to the person’s sex entered or to be entered in the register; [Act 17 of 2021 wef 29/05/2022] ( c ) is obscene or offensive; or ( d ) is contrary to the public interest. [32/2016] (3) In subsection (1)( b ), “permitted character” has the meaning given by section 2(1) of the Registration of Births and Deaths Act 2021. [6A [Act 17 of 2021 wef 29/05/2022] [Act 2 of 2024 wef 16/04/2024]


document_id: nra-1965
provision_ref: s9
section: 9
title: Issue of identity cards
content:
9. Subject to this Act, every person registered under this Act must be issued with an identity card. [7 [32/2016]


document_id: nra-1965
provision_ref: s10
section: 10
title: Change of residence
content:
10. —(1) Any person registered under this Act who changes his or her place of residence must, within 28 days thereof, report the change to a registration officer. [19/2001; 32/2016] (2) Where a person registered under this Act has changed or changes his or her place of residence to a place outside Singapore, he or she may inform a registration officer of his or her contact address in Singapore, which must be — ( a ) the address of any premises in Singapore which he or she still owns an estate or interest in and which is used or permitted under written law to be used as residence; or ( b ) the address of the place of residence in Singapore of — (i) his or her spouse, grandparent, parent, sibling, child or grandchild; (ii) any grandparent, parent or sibling of his or her spouse; or (iii) any sibling of any of his or her parents or his or her spouse’s parents or any child of any of his or her siblings or spouse’s siblings. [8 [19/2001; 32/2016]


document_id: nra-1965
provision_ref: s11
section: 11
title:
Transmission of information of change of person’s place of residence to Government departments, public authorities and public officers

content:
11. —(1) Where — ( a ) any person is required by any written law to inform any Government department, public authority or public officer of any change of his or her place of residence; and ( b ) it is provided by that written law that that person is deemed to have complied with the requirement thereunder to inform the Government department, public authority or public officer of any change of his or her place of residence if he or she makes a report of the change under section 10, the Commissioner must, upon that person making a report of a change of his or her place of residence under section 10, transmit to the Government department, public authority or public officer information of the change of that person’s place of residence as reported by him or her. [28/94; 32/2016] (2) Where the Commissioner has transmitted information of a change of a person’s place of residence to any Government department, public authority or public officer under subsection (1) — ( a ) neither the Government nor any registration officer nor any authorised person involved in the transmission of the information shall be liable for any loss or damage suffered by any person as a result of any error or omission of whatever nature appearing in the information transmitted or however caused if such error or omission was made in good faith and in the ordinary course of the discharge of the duties of such registration officer or authorised person; and ( b ) the Government department, public authority or public officer to which or to whom the information has been transmitted shall not be liable for any loss or damage suffered by any person as a result of any error or omission of whatever nature appearing in the information transmitted or however caused by any registration officer or authorised person involved in the transmission of the information. [28/94; 32/2016] (3) In this section, “public officer” includes the holder of any statutory office. [8A [28/94]


document_id: nra-1965
provision_ref: s12
section: 12
title: Returns by householders
content:
12. —(1) Every householder must, when so required in writing by a registration officer, submit in respect of his or her household the returns, at the times during the year, that may be prescribed for the carrying out of the provisions of this Act. (2) Such returns must be sent by a householder to any public officer or public authority that may be declared by the Minister by notification in the Gazette to be a public officer or public authority for the purposes of this section. [32/2016] (3) The owner, manager or other person in charge of a hotel, boarding house, hostel or other like dwelling place may be required by a registration officer to submit the returns required under subsection (1). [9


document_id: nra-1965
provision_ref: s13
section: 13
title: Cancellation of registration
content:
13. —(1) Where a person has been registered under this Act and the Minister is satisfied that the registration — ( a ) was obtained by means of fraud, false representation or the concealment of any material fact; or ( b ) was effected by mistake, the Minister may by order require the Commissioner to cancel the registration of that person. [32/2016] (2) Any person whose registration is cancelled under this section must forthwith surrender his or her identity card to the Commissioner. [10


document_id: nra-1965
provision_ref: s14
section: 14
title: Onus of proof of contents of written applications and of identity cards, etc.
content:
14. The onus of proving the truth of the contents of any written application for registration made under this Act or the contents of an identity card is on the applicant or on the person to whom the identity card was issued or on any other person alleging the truth of the contents. [11 [32/2016]


document_id: nra-1965
provision_ref: s15
section: 15
title: Proof of citizenship by birth
content:
15. —(1) No claim by a person seeking to be registered under this Act that he or she is a citizen of Singapore by birth may, subject to subsection (3), be accepted by a registration officer if the person making the claim does not produce a birth certificate or other evidence to the registration officer’s satisfaction. (2) The onus of proving the status of citizenship of Singapore by birth is on the person who makes the claim. (3) The evidence of — ( a ) a birth certificate without the name of the child; ( b ) a birth certificate without the name of the child, but supported by a statutory declaration to the effect that the birth certificate refers to the birth of the person referred to in the statutory declaration; or ( c ) an identity card issued or deemed to be issued under the Registration of Persons Ordinance 1955 (Ordinance 32 of 1955), in which the holder of the identity card is stated to have been born in Singapore, is not necessarily sufficient evidence for the purposes of subsection (1). [12 [32/2016]


document_id: nra-1965
provision_ref: s16
section: 16
title: Offences and penalties
content:
16. —(1) Any person who — ( a ) is required to register under this Act, or being registered under this Act, is required to re-register under this Act fails to register or re-register within the prescribed time or period; ( b ) fails to report his or her change of residence as required under section 10; ( c ) informs a registration officer of an address as a contact address that is false or is not an address described in section 10(2)( a ) or ( b ); ( d ) fails to submit, or fails to submit within the time prescribed, any returns that are required to be submitted under section 12; ( e ) without lawful authority or reasonable excuse, is in possession of one or more identity cards; ( f ) unlawfully deprives any person of an identity card; ( g ) fails or refuses to surrender his or her identity card to the Commissioner as required under section 13(2); or ( h ) defaces, mutilates or destroys an identity card, 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 5 years or to both. [19/2001] (2) Any person who — ( a ) without lawful authority, parts with possession of any identity card to any person; ( b ) without lawful authority or reasonable excuse, knowingly obtains or is in possession of or makes use of a forged identity card or an identity card other than his or her own; ( c ) unlawfully issues or reproduces an identity card or any part of an identity card; or ( d ) forges, erases, alters or falsifies any entry in or tampers with an identity card, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both. (3) Any person who aids or abets in the commission of any offence under this Act shall be guilty of an offence. (4) Every offence under this Act is deemed to be an arrestable offence for the purposes of the Criminal Procedure Code 2010. [13


document_id: nra-1965
provision_ref: s17
section: 17
title: Provision of information by Housing and Development Board
content:
17. —(1) Any registration officer duly authorised by the Commissioner may, if the registration officer considers it necessary for administering or enforcing any requirement under this Act relating to the registration of any person or to the reporting of any change of residence, by written notice require the Board to disclose any secret or confidential document or information which is in the possession or control of the Board. [5/2010; 32/2016] (2) The Board must disclose the document or information required by a registration officer under subsection (1) despite any obligation as to secrecy or confidentiality imposed by any law. [5/2010] (3) Any registration officer to whom any document or information has been disclosed under subsection (2) must not disclose that document or information to any other person except — ( a ) to another law enforcement officer for the performance of his or her official duties in administering or facilitating the administration of any written law, provided the Board consents to the disclosure; or ( b ) for the purpose of criminal proceedings. [5/2010] (4) Any registration officer who contravenes subsection (3), or any law enforcement officer who discloses any document or information obtained under that subsection to any other person other than for the purpose specified in paragraph ( a ) or ( b ) of that subsection, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [5/2010] (5) In this section, unless the context otherwise requires — “Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959; “disclose”, in relation to any document or information, includes allowing access to the document or information; “law enforcement officer” means — ( a ) any police officer; ( b ) any immigration officer; or ( c ) any registration officer. [13A [5/2010; 32/2016] 18. [ Repealed by Act 26 of 2022 wef 12/06/2023 ]


document_id: nra-1965
provision_ref: s19
section: 19
title: Attempt to commit offences and assisting offenders
content:
19. —(1) Without affecting the operation of Chapters 5 and 23 of the Penal Code 1871, any person who attempts to commit or does any act preparatory to the commission of an offence under this Act shall be deemed to be guilty of the offence under this Act. (2) A person knowing or having reasonable cause to believe that another person is guilty of an offence under this Act must not give that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for that offence. [15


document_id: nra-1965
provision_ref: s20
section: 20
title: False or invalid documents in connection with registration, etc.
content:
20. A registration officer may take possession of any document produced to the registration officer in connection with the registration of a person, or the alteration of any particulars of the person entered in the register, under this Act if the registration officer reasonably suspects that the document is false or invalid. [15A [32/2016]


document_id: nra-1965
provision_ref: s21
section: 21
title: Demand for surrender of suspicious identity cards
content:
21. —(1) A registration officer or a police officer may demand that a person having possession or control of an identity card (including a document purporting to be an identity card) to surrender the identity card to the registration officer or police officer if there are reasonable grounds to suspect that — ( a ) the identity card has been obtained by means of any false or misleading information, document or statement; ( b ) the identity card has been used in the commission of an offence under this Act; or ( c ) the identity card is a false identity card. [32/2016] (2) Any person who receives a demand from a registration officer or a police officer under subsection (1) must comply with the demand. [32/2016] (3) Any person who contravenes subsection (2) 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. [15B [32/2016]


document_id: nra-1965
provision_ref: s22
section: 22
title: Arrest, search and detention
content:
22. —(1) Where any person — ( a ) is reasonably suspected by a registration officer or police officer of the commission of any offence under this Act; or ( b ) on demand by a registration officer or a police officer — (i) does not give his or her name and address; (ii) gives a name or address which the officer has reason to believe is false; or (iii) gives as his or her address a place outside Singapore, that person may be arrested without warrant by the registration officer or police officer. [32/2016] (2) If a registration officer or a police officer reasonably suspects that any evidence of the commission of an offence under this Act is likely to be found on any premises, or in any vehicle, train, vessel or aircraft, or on any person, the officer may, without warrant and with any assistance that the officer thinks necessary — ( a ) enter and search the premises; ( b ) stop, board and search the vehicle, train, vessel or aircraft (whether in a public or private place); or ( c ) stop and search the person (whether in a public or private place), as the case may be. [32/2016] (3) A registration officer or a police officer exercising any power under subsection (2) may, if the circumstances so warrant, with any assistance that the officer thinks necessary — ( a ) break open any door, window, lock, fastener, compartment, box, container or other thing; or ( b ) remove by force any obstruction to the exercise of that power. [32/2016] (4) A registration officer or a police officer carrying out a search under subsection (2) may take possession or make copies of any document found during the search that the officer reasonably believes to be connected to the commission of an offence under this Act. [32/2016] (5) A woman must not be searched under this section except by a woman. [16 (6) Any person arrested under subsection (1) may be detained at — ( a ) a lock-up appointed as a place of confinement under section 4(1) of the Prisons Act 1933; or ( b ) an immigration depot designated under the Immigration Act 1959. [Act 16 of 2024 wef 17/06/2024] [Act 16 of 2024 wef 17/06/2024]


document_id: nra-1965
provision_ref: s23
section: 23
title: How arrested person is to be dealt with
content:
23. —(1) A registration officer or a police officer who makes an arrest under section 22(1) must comply with sections 67 and 68 of the Criminal Procedure Code 2010. [32/2016] (2) In subsection (1), a reference to a police officer in sections 67 and 68 of the Criminal Procedure Code 2010 includes a reference to a registration officer. [16A [32/2016]


document_id: nra-1965
provision_ref: s23A
section: 23A
title: Bail and bond
content:
23A. —(1) A person who has been arrested by a registration officer or police officer under section 22(1) may be released on bail or on personal bond granted by any registration officer. (2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications: ( a ) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include a registration officer; ( b ) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Commissioner. [Act 16 of 2024 wef 17/06/2024]


document_id: nra-1965
provision_ref: s24
section: 24
title: Investigation powers
content:
24. —(1) A registration officer may investigate an offence under this Act. [32/2016] (2) In any case relating to the commission of an offence under this Act, a registration officer — ( a ) has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence; and ( b ) when exercising the powers of a police officer under the Criminal Procedure Code 2010, is deemed to be an officer not below the rank of inspector of police. [16B [32/2016]


document_id: nra-1965
provision_ref: s25
section: 25
title: Notice to attend court
content:
25. —(1) Where a registration officer has reasonable grounds to believe that a person has committed an offence under this Act (called in this section the alleged offender), the registration officer may, instead of applying to a court for a summons under the Criminal Procedure Code 2010, immediately serve upon the alleged offender a prescribed notice, requiring the alleged offender to attend at the court and on the date and time specified in the notice. [32/2016] (2) A duplicate of the notice must be prepared by the registration officer and, if so required by a court, produced to the court. [32/2016] (3) The registration officer may serve the notice on the alleged offender in the same manner as the service of a summons under section 116 of the Criminal Procedure Code 2010. [32/2016] (4) Where the alleged offender appears before the court, the court is to take cognizance of the alleged offence and proceed as though the alleged offender were produced before the court under a summons issued under section 153 of the Criminal Procedure Code 2010. [32/2016] (5) If the alleged offender fails to appear before the court in person or by counsel on the date and time specified in the notice, the court may, if satisfied that the notice was duly served on the alleged offender, issue a warrant for the arrest of the alleged offender unless before that date — ( a ) in the case of an offence which may be compounded, the alleged offender has been permitted to compound the offence; or ( b ) the notice has been cancelled under subsection (7). [32/2016] (6) Where the alleged offender is arrested under a warrant issued under subsection (5) — ( a ) the alleged offender must be produced before a court; and ( b ) the court is to proceed as though the alleged offender were produced before the court under a summons issued under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022] (7) A registration officer may cancel a notice issued under subsection (1) at any time before the date specified in that notice for the alleged offender named in that notice to attend court. [16C [32/2016]


document_id: nra-1965
provision_ref: s26
section: 26
title: Registration officers and police officers to produce identification
content:
26. —(1) When exercising any power under this Act, every registration officer and police officer must — ( a ) if not in uniform, declare his or her office; and ( b ) on demand by any person affected by the exercise of that power, produce to that person any identification card or other document that the Commissioner (in the case of registration officers) or the Commissioner of Police (in the case of police officers) may direct to be carried. [32/2016] (2) Despite any provision of this Act, it is not an offence for a person to refuse to comply with any request, demand or order made or given by a registration officer or a police officer who does not comply with subsection (1). [16D [32/2016]


document_id: nra-1965
provision_ref: s27
section: 27
title: Report of certain persons admissible as evidence
content:
27. —(1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any matter or thing duly submitted to that person for examination, analysis or report, may be used as evidence in any trial or other proceedings under this Act, unless the court requires that person to be called as a witness: Provided that in any case in which the Public Prosecutor intends to give in evidence any such report, the Public Prosecutor must deliver a copy of the report to the accused not less than 10 clear days before the commencement of the trial or other proceedings. [32/2016] (2) The following are persons to whom this section applies: ( a ) any officer or any person duly authorised to issue identity cards by virtue of any written law, including subsidiary legislation, in force in Malaysia; and ( b ) any police officer of Malaysia charged with the registration or collation of fingerprints. [17


document_id: nra-1965
provision_ref: s28
section: 28
title: Composition of offences
content:
28. —(1) The Commissioner or a registration officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. [32/2016] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [17A [32/2016]


document_id: nra-1965
provision_ref: s29
section: 29
title: Police officers’ functions and powers under Criminal Procedure Code 2010
content:
29. To avoid doubt, nothing in this Act affects a police officer’s functions or powers under the Criminal Procedure Code 2010 or any other written law. [17B [32/2016]


document_id: nra-1965
provision_ref: s30
section: 30
title: Obligation to be in possession of travel document
content:
30. Nothing in this Act relieves any person of any obligation under any other written law to be in possession of a passport or any other travel document whatsoever. [18 [32/2016]


document_id: nra-1965
provision_ref: s31
section: 31
title: Payments into Consolidated Fund
content:
31. All fees, charges and composition sums collected under this Act are to be paid into the Consolidated Fund. [18A [32/2016]


document_id: nra-1965
provision_ref: s32
section: 32
title: Service of documents
content:
32. —(1) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number given by the individual as the fax number for the service of documents; or ( f ) by sending it by email to the individual’s email address. [32/2016] (2) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the individual; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). [32/2016] (3) However, this section does not apply to documents to be served in proceedings in court. [32/2016] (4) In this section — “business address”, in relation to an individual, means the individual’s usual or last known place of business in Singapore; “email address”, in relation to an individual, means the last email address given by the individual to the person serving the document as the email address for the service of documents under this Act; “residential address”, in relation to an individual, means the individual’s usual or last known place of residence in Singapore. [18B [32/2016]


document_id: nra-1965
provision_ref: s33
section: 33
title: Regulations
content:
33. —(1) The Minister may make regulations for or in respect of any purpose which is considered by the Minister necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may, by such regulations, provide for — ( a ) the manner in which and the places at which applications for registration of persons under this Act must be made; ( b ) the establishment of a central registry; ( c ) the obligation of a person to furnish information and documents for the purposes of the person’s registration, or the alteration of any particulars of the person entered in the register, under this Act; ( d ) the taking and recording of personal identifiers of persons registered or required to be registered under this Act; ( e ) the issue of identity cards and the particulars to be entered on the identity cards and the different categories of identity cards that may be issued to any categories or classes of persons that may be prescribed; ( f ) the inspection of identity cards by persons in charge of hotels, boarding houses, hostels and any other classes or descriptions of persons that may be prescribed; ( g ) the replacement and cancellation of identity cards which have been issued under this Act; ( h ) the re-registration of persons who have obtained identity cards or replacements of identity cards within any prescribed period; ( i ) the maximum charges that may be made for, and the conditions which may be imposed in respect of, the taking by any person of photographs for the purposes of this Act; ( j ) the surrender or return of identity cards, whether by the holders of the identity cards or other persons; ( k ) the custody and production of identity cards; ( l ) the times and places for the attendance before a registration officer of applicants and holders of identity cards; ( m ) the publication of information derived from the register; ( n ) the making of corrections to and alterations in the register and identity cards; ( o ) the absolute or conditional exemption of any person or category of persons from the provisions of this Act; ( p ) the prescribing of fees and charges for the purposes of this Act; ( q ) subject to Part 19 of the Criminal Procedure Code 2010 and section 17 of the National Library Board Act 1995, the destruction of identity cards issued, and documents obtained by the Commissioner or registration officers, under this Act; and ( r ) the prescribing of anything that is required or permitted to be prescribed under this Act. [32/2016] (3) The regulations may provide that a contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $3,000 or with imprisonment for a term not exceeding 2 years or with both. [32/2016] (4) The Minister may authorise the Commissioner to devise and use such forms as the Commissioner considers necessary for the purposes of this Act. [19


document_id: nrda-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “agent of the Registry” means any public officer or employee of any statutory body who is appointed by the Director‑General under section 3(3) to be an agent of the Registry; [Act 11 of 2023 wef 01/05/2023] “anonymised”, when used to describe information pertaining to an individual, means that the identity of that individual has been concealed or protected, whether by presenting the information in a statistical form or otherwise, such that it cannot be readily discovered or ascertained from that information; “approved conveyance” has the meaning given by section 2(1) of the Healthcare Services Act 2020; [Act 19 of 2025 wef 05/12/2025] “approved permanent premises” has the meaning given by section 2(1) of the Healthcare Services Act 2020; [Act 19 of 2025 wef 05/12/2025] “authorised Registry officer” means any Registry officer who is duly authorised by the Registrar in writing to carry out any particular function or to exercise any particular power under this Act; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director‑General” means the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] “disclose”, in relation to any information held by the Registry, includes to grant to any person access to that information; “disease” means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or the recurrence of that ailment, disorder, defect or morbid condition; “healthcare institution” means — ( a ) any approved permanent premises at which, or any approved conveyance in or from which, the holder of a licence granted under the Healthcare Services Act 2020 is approved to provide any one or more of the following licensable healthcare services: (i) an acute hospital service; (ii) an ambulatory surgical centre service; (iii) a clinical laboratory service; (iv) a community hospital service; (v) a nuclear medicine service; (vi) an outpatient dental service; (vii) an outpatient medical service; (viii) an outpatient renal dialysis service; (ix) a radiological service; (x) any other licensable healthcare service that may be prescribed; or ( b ) any facility, premises or conveyance declared by the Minister, by order in the Gazette , to be a healthcare institution for the purposes of this Act; [Act 19 of 2025 wef 05/12/2025] “individually-identifiable”, when used to describe information pertaining to an individual, means that the identity of that individual can be readily discovered or ascertained from that information; “investigation officer” means any public officer who is appointed under section 13 to be an investigation officer for the purposes of this Act; “licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020; [Act 19 of 2025 wef 05/12/2025] “manager”, in relation to a healthcare institution, means the individual having the management or control of the healthcare institution; [Act 3 of 2020 wef 03/01/2022] “medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997 and who holds a valid practising certificate; “register” means a register kept and maintained by the Registrar under section 5; “Registrar” means the person appointed by the Director‑General under section 3 to be the Registrar of the Registry and includes a Deputy Registrar and an Assistant Registrar; [Act 11 of 2023 wef 01/05/2023] “Registry” means the National Registry of Diseases established under section 4; “Registry officer” means any person who is appointed by the Director‑General under section 3 to be an officer of the Registry; [Act 11 of 2023 wef 01/05/2023] “regulations” means regulations made under section 23; “reportable disease” means a disease that is specified in the Schedule; “requisite consent”, for the purposes of section 11 or 12, means — ( a ) the consent, given in the prescribed form and manner, of the person whose individually‑identifiable information is to be disclosed under that section; or ( b ) where the person mentioned in paragraph ( a ) is unable to give his or her own consent due to age, infirmity of mind or body or any other cause, the consent, given in the prescribed form and manner, of such other person who is authorised by the regulations to give such consent for and on his or her behalf.


document_id: nrda-2007
provision_ref: s3
chapter: PART 2 - NATIONAL REGISTRY OF DISEASES
section: 3
title: Appointment of Registrar, etc.
content:
3. —(1) The Director‑General must, with the approval of the Minister, appoint a Registrar who is responsible for the administration of the Registry. [Act 11 of 2023 wef 01/05/2023] (2) The Director‑General may, with the approval of the Minister, appoint — ( a ) a Deputy Registrar; ( b ) one or more Assistant Registrars; and ( c ) such other Registry officers as the Director‑General may consider necessary, to assist the Registrar in the administration of the Registry. [Act 11 of 2023 wef 01/05/2023] (3) The Director‑General may appoint any public officer or employee of any statutory body to be an agent of the Registry to assist in the collection and collation of any information under this Act, subject to such conditions and limitations as the Director‑General may specify. [Act 11 of 2023 wef 01/05/2023] (4) The Registrar, Deputy Registrar, Assistant Registrars, Registry officers and agents of the Registry are deemed to be public servants within the meaning of the Penal Code 1871.


document_id: nrda-2007
provision_ref: s4
chapter: PART 2 - NATIONAL REGISTRY OF DISEASES
section: 4
title: National Registry of Diseases
content:
4. A National Registry of Diseases is established, the functions of which are — ( a ) to collect information on reportable diseases that have been diagnosed and treated in Singapore; ( b ) to establish, keep and maintain for each reportable disease a register containing individually‑identifiable information obtained under this Act; ( c ) to compile and publish statistics on the epidemiology, management and outcomes of reportable diseases; ( d ) to provide information for the purpose of supporting — (i) health services that are being provided by healthcare institutions to the patients of the healthcare institutions who are suffering from any reportable disease; and (ii) national public health policies, initiatives, programmes and related studies concerning any reportable disease; and ( e ) generally to do all such acts, matters and things as are necessary to be carried out under this Act.


document_id: nrda-2007
provision_ref: s5
chapter: PART 2 - NATIONAL REGISTRY OF DISEASES
section: 5
title: Registers
content:
5. —(1) The Registrar must keep and maintain for each reportable disease a register containing individually-identifiable information of each person who is diagnosed with and treated for that disease in Singapore. (2) The registers kept and maintained under subsection (1) must not be open for inspection by the public.


document_id: nrda-2007
provision_ref: s6
chapter: PART 3 - NOTIFICATION OF REPORTABLE DISEASES
section: 6
title: Duty to notify Registrar of reportable diseases
content:
6. —(1) Where a person is diagnosed with or undergoes treatment for a reportable disease at a healthcare institution, the manager of the healthcare institution must, in the form and within the time prescribed, notify the Registrar of that fact. (2) Any manager of a healthcare institution who — ( a ) without reasonable excuse, fails to comply with the requirements of subsection (1); or ( b ) in compliance or purported compliance with subsection (1), furnishes as true information which the manager knows or has reason to believe to be false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (3) A certificate under the hand of the Registrar stating that a notification required under subsection (1) has not been furnished or is incorrect is prima facie evidence of the facts stated in the certificate.


document_id: nrda-2007
provision_ref: s7
chapter: PART 3 - NOTIFICATION OF REPORTABLE DISEASES
section: 7
title: Collection of information
content:
7. —(1) Upon a notification being made to the Registrar under section 6, the Registrar or an authorised Registry officer may require the manager of the healthcare institution who made the notification to provide any additional information that may be prescribed concerning the person to whom the notification relates. (2) For the purpose of subsection (1), the Registrar or an authorised Registry officer may require the manager of the healthcare institution — ( a ) to furnish the prescribed additional information to any Registry officer or agent of the Registry; or ( b ) to produce to the Registrar or any Registry officer or agent of the Registry for inspection any medical record, book or document which contains or may contain the prescribed additional information. (3) Any manager of a healthcare institution who — ( a ) without reasonable excuse, fails to comply with the requirement of the Registrar or an authorised Registry officer under this section; or ( b ) in compliance or purported compliance with this section, furnishes as true information which the manager knows or has reason to believe to be false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (4) A certificate under the hand of the Registrar stating that the additional information required under subsection (1) has not been furnished or is incorrect is prima facie evidence of the facts stated in the certificate.


document_id: nrda-2007
provision_ref: s8
chapter: PART 4 - CONFIDENTIALITY AND DISCLOSURE
section: 8
title: Confidentiality
content:
8. —(1) Except in the case of a prosecution for an offence under this Act, the Registrar, a Registry officer, an agent of the Registry or any other person who acts under the direction of the Director‑General or Registrar for any purpose related to the Registry is not compellable in any proceedings to give evidence in respect of, or to produce any document containing, any individually‑identifiable information which has been obtained under this Act. [Act 11 of 2023 wef 01/05/2023] (2) Unless otherwise provided by this Act, the Registrar, a Registry officer, an agent of the Registry or any other person who acts under the direction of the Director‑General or Registrar for any purpose related to the Registry must not disclose the contents of any register or any individually‑identifiable information which may have come to his or her knowledge in the course of performing any duty or function under this Act or carrying out any act in relation to the Registry. [Act 11 of 2023 wef 01/05/2023] (3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: nrda-2007
provision_ref: s9
chapter: PART 4 - CONFIDENTIALITY AND DISCLOSURE
section: 9
title: Disclosure and publication of anonymised information
content:
9. —(1) The Registrar — ( a ) may, on a request by any person and — (i) upon payment by the person of the prescribed fee; and (ii) subject to the conditions that the Registrar may impose; and ( b ) must, on a request by the Director‑General, disclose or publish any information held by the Registry in an anonymised form. [Act 11 of 2023 wef 01/05/2023] (2) Any person who fails to comply with any condition imposed under subsection (1) 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.


document_id: nrda-2007
provision_ref: s10
chapter: PART 4 - CONFIDENTIALITY AND DISCLOSURE
section: 10
title: National public health programmes
content:
10. —(1) The Registrar may, with the approval of the Director‑General, disclose individually‑identifiable information held by the Registry to any public officer or any other person for the purpose of conducting national public health programmes concerning any reportable disease. [Act 11 of 2023 wef 01/05/2023] (2) In determining whether to approve the disclosure under subsection (1), the Director‑General must, subject to subsection (3), have regard to — ( a ) the aims and objectives of the national public health programme, including any public health benefits to Singapore; ( b ) the identity of the public officers or persons involved in the programme to whom the individually‑identifiable information held by the Registry will be disclosed; ( c ) the use to which the individually‑identifiable information will or may be put; and ( d ) the measures that will be put in place under the national public health programme to protect the individually‑identifiable information from unauthorised disclosure. [Act 11 of 2023 wef 01/05/2023] (3) The Director‑General must not approve any disclosure under subsection (1) unless the Director‑General is satisfied that the national public health programme cannot be carried out with anonymised information. [Act 11 of 2023 wef 01/05/2023] (4) The Director‑General may, when granting approval under subsection (1), impose the conditions that the Director‑General considers necessary with respect to — ( a ) the identities of the public officers or persons, or class of public officers or persons who are authorised to receive or handle the individually‑identifiable information; ( b ) the use to which the individually‑identifiable information is to or may be put; and ( c ) the measures that must be put in place under the national public health programme to protect the individually‑identifiable information from unauthorised disclosure. [Act 11 of 2023 wef 01/05/2023] (5) The Director‑General may, at any time, vary or revoke any of the existing conditions imposed under subsection (4) or impose new conditions. [Act 11 of 2023 wef 01/05/2023] (6) The Director‑General may, at any time, revoke the approval given under subsection (1). [Act 11 of 2023 wef 01/05/2023] (7) Any person who fails to comply with any condition imposed under subsection (4) or any new condition imposed under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: nrda-2007
provision_ref: s11
chapter: PART 4 - CONFIDENTIALITY AND DISCLOSURE
section: 11
title: Medical treatment
content:
11. The Registrar may, if he or she thinks fit, disclose to a medical practitioner any individually-identifiable information of a medical nature held by the Registry concerning a person suffering from a reportable disease if the Registrar is satisfied that — ( a ) the medical practitioner is responsible for the treatment and care of that person; ( b ) the disclosure is necessary for the proper treatment of that person; and ( c ) the requisite consent has been given for the disclosure.


document_id: nrda-2007
provision_ref: s12
chapter: PART 4 - CONFIDENTIALITY AND DISCLOSURE
section: 12
title: Disclosure of individually‑identifiable information for public health research
content:
12. —(1) A person (called in this section the researcher) who requires any individually‑identifiable information held by the Registry for the purpose of carrying out any medical, epidemiological or other form of public health research concerning any reportable disease may apply to the Registrar in the prescribed form for the disclosure of the information. (2) The Registrar may, subject to the conditions that he or she thinks fit to impose and upon the payment by the researcher of the prescribed fees (if any) disclose to the researcher the individually‑identifiable information if the Registrar is satisfied that — ( a ) the research cannot be carried out with anonymised information; ( b ) the requisite consent has been given for the individually‑identifiable information to be disclosed to the researcher for the purpose of the research; ( c ) the research may — (i) improve the quality of health services provided for patients suffering from any reportable disease in Singapore; or (ii) support any national public health policy, initiative or programme concerning any reportable disease; and ( d ) the researcher and the research comply with the prescribed conditions, if any. (3) A researcher to whom the individually-identifiable information of any person has been disclosed under subsection (2) must not — ( a ) use the individually‑identifiable information for any purpose other than the purpose approved by the Registrar; or ( b ) disclose the name or any other individually‑identifiable information of that person unless the requisite consent has been given for the disclosure. (4) A researcher to whom the individually‑identifiable information of any person has been disclosed under subsection (2) must not disclose — ( a ) the name or any other information leading to the identification of the healthcare institution in which that person has been diagnosed with, or has been or is being examined or treated for, a reportable disease unless the manager of that healthcare institution has given his or her consent for the disclosure in the prescribed form and manner; or ( b ) the name or any other information leading to the identification of the person who provided the individually‑identifiable information to the Registrar under this Act, unless that person has given his or her consent for the disclosure in the prescribed form and manner. (5) Before making any decision on an application under subsection (1), the Registrar may refer the application to a national research advisory committee comprising at least 3 and not more than 5 members appointed by the Director‑General and, in making a decision, the Registrar must have regard to any report made to the Registrar by the national research advisory committee. [Act 11 of 2023 wef 01/05/2023] (6) Where a researcher to whom any individually-identifiable information of any person has been disclosed under subsection (2) contravenes subsection (3) or (4) or any condition imposed under subsection (2), the researcher shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: nrda-2007
provision_ref: s13
chapter: PART 5 - ENFORCEMENT POWERS
section: 13
title: Appointment of investigation officers
content:
13. —(1) The Director‑General may, in writing, appoint any public officer to be an investigation officer for the purpose of conducting an investigation into any offence under this Act. [Act 11 of 2023 wef 01/05/2023] (2) Every investigation officer, when exercising any of his or her powers under this Act, must, if not in uniform, declare his or her office and must, on demand, produce to any person affected by the exercise of that power such identification card as the Director‑General may direct to be carried by the investigation officer when exercising that power. [Act 11 of 2023 wef 01/05/2023]


document_id: nrda-2007
provision_ref: s14
chapter: PART 5 - ENFORCEMENT POWERS
section: 14
title: Powers of entry, inspection, search, seizure, etc.
content:
14. —(1) An investigation officer has, for the purposes of investigating any offence under this Act, the power to do all or any of the following: ( a ) to enter, inspect and search, without warrant at any reasonable time, any place which the investigation officer has reason to believe contains evidence relating to or connected with an offence under this Act; ( b ) for the purposes of paragraph ( a ) — (i) to inspect and make copies of and take extracts from, or require the occupier or any person having the management or control of any place mentioned in that paragraph to provide copies of or extracts from, any book, document, record or electronic material; (ii) to inspect and make copies of and take extracts from, or require the occupier or any person having the management or control of any place mentioned in that paragraph to provide copies of or extracts from, any medical record of any person who has been or who is being treated or examined at that place, even if the prior consent of the person has not been obtained; (iii) to seize and remove from any place mentioned in that paragraph any book, document, record, electronic material, article or thing which the investigation officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act; and (iv) to make such examination or inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with; ( c ) to require any person, by way of a written order, to produce any book, document, record, electronic material, article or thing that the investigation officer considers is necessary or desirable for the purposes of an investigation under this Act. (2) The occupier or any person having the management and control of, or who is found in, any place mentioned in subsection (1)( a ) must render all necessary assistance and cooperation to the investigation officer as are necessary for an entry, inspection, examination, inquiry or otherwise for the exercise of the officer’s powers under this Act in relation to that place. (3) Any person who — ( a ) obstructs, hinders or impedes an investigation officer in the exercise of the officer’s power under this section; or ( b ) fails to comply with any order or requirement of an investigation officer under this section or to produce any book, document, record, electronic material, article or thing which the person is required by or under this Act to produce to an investigation officer, 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.


document_id: nrda-2007
provision_ref: s15
chapter: PART 5 - ENFORCEMENT POWERS
section: 15
title: Powers to examine and secure attendance
content:
15. —(1) An investigation officer may — ( a ) examine orally any person supposed to be acquainted with the facts and circumstances of any offence or matter under this Act, and to reduce to writing any statement made by the person so examined; and ( b ) require by written order the attendance before himself or herself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any offence or matter under this Act and that person must attend as required. (2) The person mentioned in subsection (1)( a ) is bound to state truly the facts and circumstances with which the person is acquainted concerning any offence or matter under this Act, except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by a person under this section must — ( a ) be read over to the person; and ( b ) after correction (if necessary), be signed by the person. (4) If any person fails to attend as required by an order under subsection (1)( b ), the investigation officer may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.


document_id: nrda-2007
provision_ref: s16
chapter: PART 6 - MISCELLANEOUS
section: 16
title: Offences by bodies corporate, etc.
content:
16. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of that officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may, by regulations, provide for the application of any provision of this section, with the modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: nrda-2007
provision_ref: s17
chapter: PART 6 - MISCELLANEOUS
section: 17
title: Protection from liability
content:
17. —(1) No action, suit or other legal proceedings shall lie against the Government or personally against the Director‑General, the Registrar, a Registry officer, an agent of the Registry, an investigation officer or any other person for anything done or omitted to be done in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Act; ( b ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Act; or ( c ) the compliance or purported compliance with this Act. [Act 11 of 2023 wef 01/05/2023] (2) A person who makes a notification to the Registrar under section 6 or who otherwise makes available to the Registrar, a Registry officer, an agent of the Registry or an investigation officer any document or other information for the purpose of complying with the requirements of this Act, shall not, by virtue of doing so — ( a ) be liable to any suit or other legal proceedings for breach of confidence; or ( b ) be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct. (3) Where pursuant to this Act the Registrar discloses to any person any information that is held by the Registry, neither the Registrar nor any Registry officer involved in the disclosure of the information shall be liable for any loss or damage suffered by that person or by any other person by reason of any error or omission of any nature appearing in the information disclosed or however caused if the error or omission was made in good faith and in the ordinary course of the discharge of the duties of the Registrar or Registry officer.


document_id: nrda-2007
provision_ref: s18
chapter: PART 6 - MISCELLANEOUS
section: 18
title: Obstructing Registrar, Registry officer, etc., in execution of duty
content:
18. Any person who obstructs, hinders or impedes the Registrar, a Registry officer or an agent of the Registry in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act 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.


document_id: nrda-2007
provision_ref: s19
chapter: PART 6 - MISCELLANEOUS
section: 19
title: Jurisdiction of court
content:
19. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: nrda-2007
provision_ref: s20
chapter: PART 6 - MISCELLANEOUS
section: 20
title: Composition of offences
content:
20. —(1) The Director‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed that offence a sum not exceeding the lower of the following — ( a ) one half of the amount of the maximum fine prescribed for that offence; ( b ) $5,000. [Act 11 of 2023 wef 01/05/2023] (2) On payment of the sum of money mentioned in subsection (1), no further proceedings may be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: nrda-2007
provision_ref: s21
chapter: PART 6 - MISCELLANEOUS
section: 21
title: General exemption
content:
21. —(1) The Minister may, by order in the Gazette , either permanently or for such period as the Minister may think fit, exempt any person or class of persons from all or any of the provisions of this Act. (2) The Minister may, when granting an exemption under subsection (1), impose such conditions as the Minister thinks fit.


document_id: nrda-2007
provision_ref: s23
chapter: PART 6 - MISCELLANEOUS
section: 23
title: Regulations
content:
23. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations with respect to all or any of the following matters: ( a ) the circumstances under and the manner in which individually‑identifiable information held by the Registry may be anonymised for the purposes of disclosure and publication under section 9; ( b ) the circumstances under and the manner in which persons whose individually‑identifiable information is held by the Registry, or the next‑of‑kin of those persons, may be contacted for the purposes of any national public health programme mentioned in section 10; ( c ) the circumstances under and the manner in which individually‑identifiable information held by the Registry may be disclosed for the purposes of any medical, epidemiological or other form of public health research mentioned in section 12; ( d ) the circumstances under and the manner in which a person may obtain certified extracts of individually‑identifiable information relating to himself or herself; ( e ) the forms to be used for the purposes of this Act; ( f ) the fees and charges payable under or for the purposes of this Act; ( g ) the offences which may be compounded under section 20; ( h ) any other matter as may be necessary or expedient to be prescribed for carrying out the provisions of this Act. (3) The Minister may, in making any regulations, provide that any contravention of or failure to comply with any regulation shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both.


document_id: nrda-2007
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS
section: 24
title: Saving provision for personal information previously collected
content:
24. —(1) As from the date on which any disease becomes a reportable disease for the purposes of this Act — ( a ) any personal information that had already been collected by a specified entity before that date pertaining to a person who had been diagnosed with or who had undergone treatment for that disease for the purposes of a national disease registry is deemed to be personal information that has been collected under and for the purposes of this Act in relation to that reportable disease; and ( b ) any person who had made a notification of any such personal information to the specified entity before that date is entitled to the same protection from liability under section 17(2) as if the person had made the notification under section 6 on or after that date. (2) In subsection (1), “specified entity” means any entity that is declared by the Minister by notification in the Gazette to be a specified entity for the purposes of this section.


document_id: nrfa-2006
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the National Research Foundation Board established under section 9; “Council” means the Research, Innovation and Enterprise Council established under section 10; “Fund” means the National Research Fund established under section 4; “invest” includes entering into a transaction or an arrangement for the protection of investments; “knowledge” means any knowledge or other information, whether or not the possessor of the knowledge or information has any legally enforceable rights in relation to it; “property” means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; “public authority” means any board or authority established by or under any written law to perform or discharge any public function; “securities” includes shares, inscribed stock, debentures, bonds, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness.


document_id: nrfa-2006
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “research and development activities”
content:
3. —(1) In this Act, “research and development activities” means — ( a ) systematic, investigative or experimental activities that involve innovation and are carried on either wholly or partly within Singapore for the purpose of — (i) increasing or acquiring new knowledge (whether or not that knowledge will have specific practical application); or (ii) creating new or improved materials, products, devices, processes or services; or ( b ) other activities that are carried on either wholly or partly within Singapore for a purpose related to the carrying out of activities of the kind mentioned in paragraph ( a ) or incidental or conducive to the attainment or furtherance of the purposes mentioned in that paragraph, including — (i) scientific and technical information services (such as data collection) to support activities of the kind mentioned in paragraph ( a ); (ii) building expenditure incurred in the acquisition or construction of a building, or of an extension, alteration or improvement to, or of maintenance of a building used or to be used for in activities of the kind mentioned in paragraph ( a ); (iii) training and management of manpower for activities of the kind mentioned in paragraph ( a ); (iv) feasibility studies with a view to establishing the strategic direction of any specific research and development activity; and (v) any other work or services (including patenting, licensing and other activities) necessary to support activities of the kind mentioned in paragraph ( a ). (2) For the purposes of this section, the following activities must not be taken to be systematic, investigative or experimental activities: ( a ) market research, market testing or market development, and sale promotion (including consumer survey); ( b ) testing and standardisation; ( c ) prospecting, exploring or drilling for minerals, petroleum or natural gas for the purpose of discovering deposits, determining more precisely the location of deposits or determining the size or quality of deposits; ( d ) the making of cosmetic modifications or stylistic changes to products, processes or production methods; ( e ) pre-production activities such as demonstration of commercial viability, tooling-up and trial runs; ( f ) routine collection of information, except as part of the research and development process; ( g ) preparation for teaching; ( h ) routine software development; ( i ) legal and administrative aspects of patenting, licensing and other activities, unless mentioned in subsection (1)( b )(v); ( j ) activities associated with complying with statutory requirements or standards; ( k ) any activity related to the reproduction of a commercial product or process by a physical examination of an existing system or plan, blueprints, detailed specifications or publicly available information.


document_id: nrfa-2006
provision_ref: s4
chapter: PART 2 - NATIONAL RESEARCH FUND
section: 4
title: Establishment of National Research Fund
content:
4. —(1) A fund called the National Research Fund is established, which must be held, managed and administered as a Government fund. (2) There must be paid into the Fund — ( a ) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Fund by this Act or any other written law; ( b ) all other revenues of Singapore allocated by any written law to the Fund; ( c ) all gifts and donations paid by any person or organisation to the Government for the purposes of the Fund generally; ( d ) amounts received by the Board or Government — (i) from the sale of any property paid for with money from the Fund; (ii) from the sale of any property produced, or from dealing with patents or other intellectual property rights in respect of inventions made, in the course of any research and development activity paid for with money from the Fund; or (iii) in respect of any work paid for with money from the Fund; ( e ) all investments out of moneys in the Fund authorised to be made by this Act or any other written law and the proceeds of any of those investments, including the net income from those investments; and ( f ) all sums received by way of repayment of any loan or advance from the Fund and any interest from that loan or advance. (3) The Fund must be regarded as comprising public moneys for the purposes of any other written law. (4) For the purposes of subsection (2)( e ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Fund any profit derived or loss sustained (as the case may be) from the realisation of those investments.


document_id: nrfa-2006
provision_ref: s5
chapter: PART 2 - NATIONAL RESEARCH FUND
section: 5
title: Purposes of Fund
content:
5. —(1) The object of the Fund is to provide for the funding and administration of research and development activities with a view to — ( a ) encouraging the development in Singapore of innovative products, processes and services; ( b ) increasing investment by the public and private sectors in Singapore in research and development activities that will make Singapore more internationally competitive; ( c ) promoting the technological advancement of the public and private sectors in Singapore through a focus on innovation; and ( d ) creating an environment that is conducive to increase commercialisation of new processes and product technologies. (2) The moneys in the Fund may be withdrawn and applied for all or any of the following purposes only: ( a ) to provide financial assistance (including loans and scholarships) to any public authority, enterprise, educational institution or other person (whether in Singapore or elsewhere) undertaking or facilitating research and development activities; ( b ) to promote or assist (financially or otherwise) any enterprise engaged in the exploitation of research and development activities undertaken by any public authority, enterprise, educational institution or other person (whether in Singapore or elsewhere), where the enterprise, in the opinion of the Board — (i) is profitable and efficient or capable of becoming profitable and efficient; and (ii) has reasonable prospects for profitability, development, expansion, growth or providing viable employment; ( c ) the payment of remuneration or allowances payable to persons (other than public officers) engaged to advise the Board or Council in the performance of their respective functions under this Act; ( d ) the payment of other expenses incurred by the Board or Council in the performance of their respective functions under this Act, including any remuneration or allowances payable to the members of the Board or Council who are not public officers; ( e ) the payment of expenses mentioned in section 6. (3) The moneys in the Fund may also be invested in — ( a ) any investment authorised under section 7 of the Financial Procedure Act 1966; and ( b ) any other investments that the Board thinks fit, not being any stock, bond, fund or security issued by the Government.


document_id: nrfa-2006
provision_ref: s6
chapter: PART 2 - NATIONAL RESEARCH FUND
section: 6
title: Expenses
content:
6. All expenses incidental to or arising from the administration, investment and management of moneys in the Fund are charged upon and payable out of the Fund.


document_id: nrfa-2006
provision_ref: s7
chapter: PART 2 - NATIONAL RESEARCH FUND
section: 7
title: Withdrawals
content:
7. —(1) Moneys must not be withdrawn from the Fund unless they are charged upon the Fund or are authorised to be withdrawn or transferred under this Act. (2) A payment must not be made out of the Fund unless the payment is authorised by the Board.


document_id: nrfa-2006
provision_ref: s9
chapter: PART 3 - ADMINISTRATION OF FUND
section: 9
title: National Research Foundation Board
content:
9. —(1) There is established a body called the National Research Foundation Board comprising any number of members that the Minister thinks fit. (2) Each member of the Board must be appointed by the Minister and holds office for such period (not exceeding 3 years) as the Minister may in any case determine. (3) Subject to subsection (4), the functions and duties of the Board are — ( a ) to coordinate research and development activities undertaken or promoted by the Government, public authorities whose objects are similar to the object of the Fund, enterprises, educational institutions or other persons in Singapore, and to facilitate cooperation, communication, collaboration and exchange of ideas and knowledge between them; ( b ) to investigate and evaluate the requirement for funding any research and development activity generally or specifically; ( c ) to develop policies and plans for research and development activities in Singapore in the national interest; ( d ) to approve the payment of money from the Fund; ( e ) to advise the Minister on any matter relating to the management and administration of the Fund that the Board considers appropriate or that is referred to the Board by the Minister; ( f ) to submit to the Minister for approval, not later than 30 days before the end of each financial year of the Fund, a budget for the Fund in respect of the financial year next following in relation to that Fund; ( g ) to submit to the Minister an annual report respecting the Fund not later than 30 days after the end of each financial year in relation to that Fund; and ( h ) to exercise such other powers and perform such other functions and duties with respect to the management, operation and administration of the Fund as may be prescribed. (4) The Board must, in the exercise of its powers and the performance of its functions and duties under this Act, comply with any directives that the Council may issue.


document_id: nrfa-2006
provision_ref: s10
chapter: PART 3 - ADMINISTRATION OF FUND
section: 10
title: Research, Innovation and Enterprise Council
content:
10. There is established a body called the Research, Innovation and Enterprise Council comprising any persons from the private sector and public sector that the Minister thinks fit, and whose functions are — ( a ) to provide advice and guidance to the Government in the formulation of its policies and laws on all types of research and development activities and innovation in Singapore; and ( b ) to lead in the promotion of all aspects of research and development activities and innovation in Singapore, by — (i) identifying and promoting activities and programmes that will make Singapore more internationally competitive; and (ii) alerting the public and private sectors to any new business opportunities that arise from the exploitation of results of any research and development activities or innovation.


document_id: nrfa-2006
provision_ref: s11
chapter: PART 3 - ADMINISTRATION OF FUND
section: 11
title: Accounts to be kept
content:
11. —(1) The Board must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to the Fund; ( b ) do all things necessary to ensure that payments out of the Fund are properly authorised and correctly made; and ( c ) ensure that adequate control is maintained over the assets and receipts of the Fund. (2) The Board must appoint a public officer to be an accounting officer of the Fund with responsibility for keeping proper accounts and records in relation to the Fund, and preparing and signing a statement of the Fund’s accounts in respect of each financial year.


document_id: nrfa-2006
provision_ref: s12
chapter: PART 3 - ADMINISTRATION OF FUND
section: 12
title: Financial statements and audit reports
content:
12. —(1) The Board must, as soon as practicable after the close of each financial year of the Fund, cause to be prepared and submitted to the Auditor‑General the financial statements and accounts for the Fund relating to that financial year, and the Auditor‑General must then audit or cause an audit of the statements and accounts and report on them. (2) The financial year of the Fund is a period of 12 months ending on 31 March in any year. (3) The remuneration of the auditor must be paid out of the Fund. (4) As soon as the accounts of the Fund and the financial statements have been audited in accordance with this Act, a copy of the audited financial statements, together with a copy of any report made by the auditor, must be submitted to the Board. (5) Where the Auditor‑General is not the auditor of the Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General at the same time they are submitted to the Board. (6) The Minister must as soon as practicable cause a copy of the audited financial statements of the Fund and the auditor’s report to be presented to Parliament.


document_id: nrfa-2006
provision_ref: s13
chapter: PART 3 - ADMINISTRATION OF FUND
section: 13
title: Application of Financial Procedure Act 1966
content:
13. The Financial Procedure Act 1966 applies to the Fund to the extent that it is not inconsistent with any of the provisions of this Act.


document_id: nrfa-2006
provision_ref: s14
chapter: PART 4 - MISCELLANEOUS
section: 14
title: Persons not to reveal trade secrets, etc.
content:
14. —(1) If a person exercising any function under this Act obtains protected information about the affairs of another person, the person must not disclose that protected information to any other person unless the disclosure — ( a ) is made with the written consent of the person to whom the information relates; ( b ) is for the purpose of the administration or enforcement of this Act; or ( c ) is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions. (2) If any person acts in contravention of subsection (1), the person 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. (3) For the purpose of this section, the reference to a person disclosing any protected information includes the person permitting any other person to have any access to any record, document or other thing containing that information which is in the person’s possession or under the person’s control by virtue of the person being or having been a member of the Board or Council. (4) In this section, “protected information” means information the disclosure of which would or could reasonably be expected to disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.


document_id: nrfa-2006
provision_ref: s15
chapter: PART 4 - MISCELLANEOUS
section: 15
title: Forgery of certificates and false information
content:
15. If any person — ( a ) forges or counterfeits any document or certificate required by the Board for the purposes of this Act; or ( b ) in relation to any application (whether by the person or on behalf of another) to the Board for its permission, consent or approval, or for any grant or financial assistance, makes (whether orally, electronically, in writing or otherwise) or provides any statement to the Board which is false, and which the person either knows or believes to be false or does not believe to be true, the person 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.


document_id: nrfa-2006
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS
section: 16
title: Offences by bodies corporate, etc.
content:
16. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) Regulations may provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


