Section 1
Short title
This Act is the National Council of Social Service Act 1992.
/akn/sg/act/act/1992/NCSSA
National Council of Social Service Act 1992
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Part 1
PRELIMINARY
Section 2
Interpretation
In this Act, unless the context otherwise requires —“Board” means the Board of the Council;“Board member” means any person appointed or elected to the Board under section 5(1);“Chairperson” means the Chairperson of the Community Chest;“Chief Executive Officer” means the Chief Executive Officer of the Council appointed under section 22(1) and includes any individual acting in that capacity;“Community Chest” means the Community Chest established under section 13(1);“Council” means the National Council of Social Service established under section 3;“Council member” means any organisation or person granted membership of the Council under section 15;“Endowment Fund” means the Endowment Fund established under section 12(1);“General Fund” means the General Fund established under section 24(1);“president” means the president of the Board;“vice-president” means the vice-president of the Board.
Amendment notes
- [5/2018]
Definition
“Board” means the Board of the Council;
Definition
“Board member” means any person appointed or elected to the Board under section 5(1);
Definition
“Chairperson” means the Chairperson of the Community Chest;
Definition
“Chief Executive Officer” means the Chief Executive Officer of the Council appointed under section 22(1) and includes any individual acting in that capacity;
Definition
“Community Chest” means the Community Chest established under section 13(1);
Definition
“Council” means the National Council of Social Service established under section 3;
Definition
“Council member” means any organisation or person granted membership of the Council under section 15;
Definition
“Endowment Fund” means the Endowment Fund established under section 12(1);
Definition
“General Fund” means the General Fund established under section 24(1);
Definition
“president” means the president of the Board;
Definition
“vice-president” means the vice-president of the Board.
Amendment notes
- [5/2018]
Part 2
ESTABLISHMENT OF COUNCIL
Section 3
Establishment of National Council of Social Service
A body called the National Council of Social Service is established, which is a body corporate with perpetual succession and a common seal and with powers to sue and be sued in its corporate name and to perform any other acts that a body corporate may by law perform.
Section 4
Common seal
(1)
The common seal of the Council must be kept in such custody as the Board may direct.
(2)
All deeds, documents and other instruments requiring the seal of the Council must
(a)
be sealed with the common seal of the Council; and(b)be signed by the president and the Chief Executive Officer or some other person duly authorised by the Board for the purpose.
(3)
All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Council affixed to any document and presume that it was duly affixed.
(4)
Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2).
Section 5
Board of Council
Amendment notes
- [30/2019]
(1)
The management of the affairs of the Council and of its properties vests in a Board which consists of the following members:
(a)
a president to be appointed by the Minister;
(b)
2 vice-presidents
(i)
one of whom is to be a person elected at the annual general meeting of the Council from among the Council members; and(ii)the other of whom is to be a person appointed by the Minister in consultation with the president;
(c)
an Honorary General Secretary to be appointed by the president;
(d)
an Honorary Treasurer to be appointed by the president;
(e)
the Chairperson of the Community Chest;
(f)
5 persons to be appointed by the president;
(g)
8 persons, each from a different full Council member mentioned in section 15(1)(a), to be elected at the annual general meeting of the Council;
(h)
2 persons, each from a different associate Council member mentioned in section 15(1)(b), to be elected at the annual general meeting of the Council;
(i)
the Director‑General of Social Welfare or his or her representative; and(j)the Director of Medical Services or his or her representative.
Amendment notes
- [30/2019]
(2)
The president and the vice-president appointed under subsection (1)(b)(ii) each holds office for such term not exceeding 2 years as the Minister thinks fit and are eligible for re‑appointment.
(3)
The vice‑president elected under subsection (1)(b)(i) holds office for a term of 2 years and is eligible for re‑election, except that a person must not be elected under subsection (1)(b)(i) to hold office as vice‑president for more than 3 consecutive terms.
(4)
The Honorary General Secretary and the Honorary Treasurer each holds office for such term not exceeding 2 years as the president thinks fit and are eligible for re‑appointment, except that a person must not be appointed to hold office as Honorary Treasurer for more than 2 consecutive terms.
(5)
A Board member appointed under subsection (1)(f) holds office for a term not exceeding 2 years as the president thinks fit and is eligible for re‑appointment.
(6)
A Board member elected under subsection (1)(g) or (h) holds office for a term of 2 years and is eligible for re-election, except that a person must not be elected under subsection (1)(g) or (h) to hold office as a Board member for more than 3 consecutive terms.
(7)
The Minister may at any time revoke the appointment of the president or the vice-president appointed under subsection (1)(b)(ii) without giving any reason.
(8)
If for reason of illness, leave of absence or other cause, the president is unable to exercise his or her powers and perform his or her functions under this Act
(a)
one of the vice-presidents as determined by the Board; or(b)if both the vice-presidents are unable to do so, any other Board member as determined by the Board with the approval of the Minister,must act as the president and exercise the powers and perform the functions of the president.
(9)
The office of any Board member is vacated if he or she
(a)
is adjudicated a bankrupt; or(b)has been convicted of an offence involving dishonesty, fraud or moral turpitude.
(10)
A person who is an employee of the Council or of a full or associate Council member must not
(a)
be elected or appointed as a Board member; or(b)nominate or second the nomination of any person for election to the Board.
Section 6
Voting rights at Council and Board meetings
Amendment notes
- [5/2018]
(1)
All Board members have the right to vote on any issue at the meetings of the Council and of the Board, except in relation to the election of Board members under section 5(1)(b)(i), (g) and (h).
(2)
Meetings of the Council and the Board and proceedings at the meetings must, to the extent not inconsistent with the Public Sector (Governance) Act 2018, be held in the prescribed manner.
Amendment notes
- [5/2018]
Section 7
Disclosure of interest
Division 1 of Part 4 of the Public Sector (Governance) Act 2018 extends to an official representative of a Council member as if a reference in that Division to a member of a public body includes a reference to such an official representative.
Amendment notes
- [5/2018]
Section 8
Validity of acts of Board members
The acts of a Board member are valid despite any defect that may afterwards be discovered in his or her appointment or qualifications.
Section 9
Directions by Minister
(1)
The Minister may, after consultation with the Board, give the Council such directions as the Minister thinks fit as to the performance of the functions of the Council under this Act.
(2)
The Council must, as soon as practicable, give effect to all directions mentioned in subsection (1).
(3)
The Council must provide the Minister with such information or facilities for obtaining information with respect to its functions in such manner and at such times as the Minister may reasonably require.
Part 3
FUNCTIONS AND POWERS OF COUNCIL
Section 10
Objects of Council
The objects of the Council are
(a)
to provide leadership and direction to the volunteer movement and to coordinate social service activities between Council members and with other organisations;
(b)
to represent Council members, to present their views to the Government and to communicate priorities of the Government and its views to such members;
(c)
to make such recommendations to the Government as may be consistent with the objects of the Council;
(d)
to establish and maintain the standards and guidelines for the management and administration of, and the provision of social service by, Council members;
(e)
to assist the Government in strategic social service planning;
(f)
to initiate, plan, develop and modify social service programmes;
(g)
to operate direct social service if the Council considers it necessary;
(h)
to establish and maintain an updated management information system of Council members and their clients;
(i)
to provide consultancy and support services to social service organisations;
(j)
to encourage, coordinate and carry out research and evaluative studies and experimental projects necessary for the improvement and development of social service;
(k)
to raise and allocate funds to further the objects of the Council and Council members; and(l)to liaise and cooperate with overseas and international organisations in matters relating to social service.
Section 11
Powers of Council
Amendment notes
- [45/2004]
(1)
For the purposes of carrying out its objects, the Council may
(a)
acquire any property, both movable and immovable, sell, transfer or otherwise dispose of any such property upon such terms as the Board thinks fit;
(b)
invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965;
(c)
accept any gift or property, whether subject to any trust or not;
(d)
receive donations and contributions and raise funds by all lawful means;
(e)
open and maintain an account or accounts with any bank or banks as the Board thinks fit;
(f)
levy such rates and charges for services performed by the Council as the Board may consider expedient;
(g)
undertake and execute any trust;
(h)
with the approval of the Minister, form or participate in the formation of any incorporated or unincorporated body or organisation or enter into any joint venture with any person or organisation for the purpose of carrying out any function of the Council; and(i)do anything incidental to any of its objects.
Amendment notes
- [45/2004]
(2)
Nothing in this section authorises the Council to engage in any matter of religious or party political controversy.
(3)
The Board may exercise all such powers of the Council as it thinks fit except as otherwise provided by this Act.
Section 12
Establishment of Endowment Fund
(1)
There is established an Endowment Fund which vests in the Council and consists of
(a)
all donations and gifts accepted by the Council for the Endowment Fund;
(b)
all reserves of the Council in excess of 2 years of its operating expenditure; and(c)any other moneys that the Council may determine to transfer to the Endowment Fund.
(2)
Any interest, dividends and other income derived from the Endowment Fund must be credited to the General Fund.
(3)
The Endowment Fund may be applied for such purposes as may be approved by the Minister in writing.
Section 13
Community Chest
(1)
The Council must establish the Community Chest to raise funds on behalf of the Council.
(2)
The Community Chest consists of a Chairperson who must be appointed by the Minister, one or more Vice‑Chairpersons and such other members as the Chairperson may, in consultation with the president, appoint for such term as the Chairperson thinks fit.
(3)
The Chairperson holds office for such term not exceeding 2 years as the Minister may determine and is eligible for re‑appointment.
(4)
If for reason of illness, leave of absence or other cause, the Chairperson is unable to exercise his or her powers and perform his or her functions under this Act, the president may
(a)
appoint one of the Vice‑Chairpersons to act as Chairperson and exercise the powers and perform the functions of the Chairperson; or(b)if all the Vice‑Chairpersons are unable to do so, approve any other member of the Community Chest to act as Chairperson and exercise the powers and perform the functions of the Chairperson.
(5)
The Minister may at any time revoke the appointment of the Chairperson without giving any reason.
(6)
The office of the Chairperson, any Vice‑Chairperson or any other member appointed under subsection (2) is vacated if he or she
(a)
is adjudicated a bankrupt; or(b)has been convicted of an offence involving dishonesty, fraud or moral turpitude.
(7)
Meetings of the Community Chest and proceedings at the meetings must be held in the prescribed manner.
Section 14
Appointment of committees and delegation of powers
(1)
The Board may appoint from among the Board members or from among other persons who are not Board members any number of committees 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 to impose, delegate to any such committee or the president any of the powers, functions and duties vested in the Council by this Act, and any power, function or duty so delegated may be exercised or performed by the committee or the president (as the case may be) in the name and on behalf of the Council.
(3)
The Board may, subject to any conditions or restrictions that it thinks fit to impose, delegate to any employee of the Council all or any of the powers, functions and duties vested in the Council by this Act, and any power, function or duty so delegated may be exercised or performed by the employee in the name and on behalf of the Council.
Part 4
MEMBERSHIP OF COUNCIL
Section 15
Categories of Council members
(1)
The Council consists of the following 3 categories of members:
(a)
full Council members;
(b)
associate Council members;
(c)
honorary Council members.
(2)
Any organisation whose aims and objects are consistent with those of the Council and which provides as its primary function a bona fide direct social service which helps to meet existing needs of the community may, in the prescribed manner and in accordance with the prescribed conditions, apply to the Council to be a full Council member.
(3)
Any organisation whose aims and objects are consistent with those of the Council and which has an active interest in social service but which does not provide a direct social service as its primary function may, in the prescribed manner and in accordance with the prescribed conditions, apply to the Council to be an associate Council member.
(4)
Where the Council is of the opinion that any organisation or person has rendered outstanding social service, the Council may invite such organisation or person to be an honorary Council member for such period as the Council thinks fit.
Section 16
Fees for membership
(1)
Fees for full Council members and associate Council members are payable annually on the first day of April and are such amounts as the Board determines.
(2)
Honorary Council members are not required to pay any fee for membership.
Section 17
Representatives to Council
(1)
Every full Council member and associate Council member must appoint a person as its official representative to act on its behalf in the Council and is entitled to change such representation from time to time.
(2)
Any appointment or change of representation under subsection (1) must be communicated to the Council in writing.
(3)
An official representative appointed under subsection (1) in respect of any Council member must not be appointed to act as an official representative of any other Council member.
Section 18
Rights of full Council members
Subject to the provisions of this Act, full Council members enjoy equal rights of membership to avail themselves of the facilities of the Council and to attend and vote at all meetings of the Council.
Section 19
Rights of associate Council members
Associate Council members may attend any meeting of the Council but must not vote in any of its proceedings except in electing 2 Board members under section 5(1)(h).
Section 20
Rights of honorary Council members
Honorary Council members may attend the meetings of the Council but must not vote in any of its proceedings.
Section 21
Patrons of Council
The Council may, on the recommendation of the Board, nominate suitable persons to be the patron-in-chief and patrons of the Council.
Part 5
PROVISIONS RELATING TO STAFF
Section 22
Chief Executive Officer
Amendment notes
- [5/2018]
- [5/2018]
(1)
There must be a Chief Executive Officer of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.
Amendment notes
- [5/2018]
(2)
The Council 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.
Amendment notes
- [5/2018]
Section 23
Appointment of staff
The Council 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.
Amendment notes
- [5/2018]
Part 6
FINANCIAL PROVISIONS
Section 24
General Fund
(1)
The Council must establish a General Fund.
(2)
All moneys received or raised by the Council must be paid into the General Fund.
(3)
All expenses incurred by the Council in carrying out the purposes of this Act must be met from the General Fund.
Section 24A
Issue of shares, etc.
As a consequence of the vesting of any property, rights or liabilities of the Government in the Council under this Act, or of any capital injection or other investment by the Government in the Council in accordance with any written law, the Council must issue such shares or other securities to the Minister for Finance as that Minister may direct.
Amendment notes
- [5/2002]
Section 25
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 26
Financial year
The financial year of the Council begins on 1 April of each year and ends on 31 March of the succeeding year.
Section 27
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 28
Financial statements
The Council must, as soon as practicable but no later than 30 June in each year, prepare and submit financial statements in respect of the preceding financial year to the auditor who must audit and report on them.
Section 29
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 30
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 31
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 32
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 33
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Section 34
When audited financial statements must be given to Minister
The Council must send the audited annual financial statements of the Council, signed by the president, to the Minister no later than 30 September in each year, together with a copy of any report made by the auditor of the Council.
Amendment notes
- [5/2018]
Section 35
[Repealed by Act 5 of 2018]
Repealed or deleted provision retained from SSO.
Part 7
MISCELLANEOUS
Section 36
Protection from personal liability
No suit or other legal proceedings shall lie against any Board member or any employee of the Council or other person acting under the directions of the Council or the Board for anything which is in good faith done or intended to be done by him or her in the execution or purported execution of this Act.
Section 37
Regulations
Amendment notes
- [5/2018]
(1)
The Council may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.
(2)
Without limiting subsection (1), the Council may, with the approval of the Minister, make such regulations for or with respect to all or any of the following matters:
(a)
the procedure for applying for, and the termination of, membership in the Council;
(b)
the conditions for membership in the Council;
(c)
the standards and guidelines for the management and administration of, and the provision of social services by, Council members;
(d)
the procedure for inquiry into complaints and information received relating to the conduct of Council members, their committee members or employees, and the sanctions to be imposed in respect of any misconduct, including the issuance of letters of censure and the suspension or termination of membership in the Council;
(e)
the rates, charges and fees payable for purposes of this Act;
(f)
the procedure and quorum for the meetings of the Board;
(g)
the procedure and quorum for the meetings of the Community Chest;
(h)
the procedure and quorum for general meetings of the Council and for the election of Board members;
(i)
the establishment, constitution and procedures of any committee mentioned in section 14 and any unincorporated body or organisation mentioned in section 11(1)(h);
(j)
the information to be provided and the documents to be submitted to the Council by Council members, including annual reports, audited accounts and such information as the Council may require for carrying out its objects.
(3)
Regulations made under this section in relation to the procedure for the meetings of the Council and the Board must conform to the requirements of the Public Sector (Governance) Act 2018.
Amendment notes
- [5/2018]