Requested version was 16 Aug 2006; Closest available version is 15 Aug 2006; Generated on 16 Aug 2006 11:41:24(GMT+8).
ENLISTMENT ACT
(CHAPTER 93)
| History |
Act 25 of 1970 |
-> |
1970 Ed. Cap. 229 |
-> |
1985 Ed. Cap. 93 |
-> |
REVISEDEDITION 2001 |
|
An
Act to provide for enlistment of persons in the armed forces of
Singapore.
[1st August 1970]
PART I
PRELIMINARY
1 SHORT TITLE.
2 INTERPRETATION.
PART II
REGISTRATION
3 PERSONS REQUIRED TO REGISTER.
4 REGISTRATION.
5 FITNESS EXAMINATION.
6 INFORMATION.
7 FITNESS FOR SERVICE.
8 MEDICAL EXAMINATION.
9 FURTHER REPORTING.
PART III
NATIONAL SERVICE
10 DUTY TO REPORT FOR ENLISTMENT.
11 LIABILITY TO BE TRANSFERRED FROM ONE
SERVICE TO ANOTHER.
12 LIABILITY TO RENDER FULL-TIME SERVICE.
13 DUTY TO RENDER OPERATIONALLY READY
NATIONAL SERVICE.
14 OPERATIONALLY READY NATIONAL SERVICE
LIABILITY.
15 COMPUTATION OF OPERATIONALLY READY
NATIONAL SERVICE.
PART
IV
MOBILISED SERVICE
16 PROCLAMATION BY PRESIDENT.
17 MOBILISED SERVICE LIABILITY.
18 LIABILITY TO RENDER MOBILISED SERVICE.
PART V
REGULAR SERVICE
19 REGULAR SERVICE.
20 TERMS AND CONDITIONS OF REGULAR SERVICE.
PART VI
DUTY OF EMPLOYER
21 REINSTATEMENT OF SERVICEMEN IN EMPLOYMENT.
22 PROHIBITION AGAINST DISMISSAL.
23 LEAVE OF ABSENCE.
24 LOSS OF SALARIES AND WAGES.
25 DIRECT PAYMENT BY EMPLOYER
PART VII
MISCELLANEOUS PROVISIONS
26 APPLICATION OF MILITARY LAW.
27 RELEASE AND UNACCOUNTABLE PERIODS.
28 POSTPONEMENT.
29 EXEMPTION.
30 ORDERS, NOTICES, PERMITS AND APPOINTMENTS.
31 CALCULATION OF AGE.
32 EXIT PERMITS.
33 OFFENCES.
34 COMPOSITION OF OFFENCES
35 ENLISTMENT INSPECTORS
36 POWERS OF ENLISTMENT
INSPECTORS AND POLICE OFFICERS
37 REGULATIONS.
LEGISLATION HISTORY
COMPARATIVE TABLE
ENLISTMENT ACT
(CHAPTER 93)
An
Act to provide for enlistment of persons in the armed forces of
Singapore.
[1st August 1970]
PART I
PRELIMINARY
Short title.
1. This
Act may be cited as the Enlistment Act.
Interpretation.
2. In
this Act, unless the context otherwise requires —
"annually” and “year"
mean the period from 1st April of
each year to 31st March of the following year;
"armed
forces"
means any force constituted
under the Singapore Armed Forces Act (Cap. 295), the Police Force
Act (Cap. 235) or the Vigilante Corps Act (Cap. 343), and such other
force as may be constituted under any written law;
"duty"
includes training;
"employer"
means any person who employs another
person under a contract of service and includes the person who owns
or is carrying on or is for the time being responsible for the management
of a profession, business, trade or work in which other persons
are employed;
"fitness
examination"
means any examination
which is considered by the proper authority to be necessary for
the purpose of determining the fitness of a person for service;
"full-time
service"
means service under
section 12;
"medical
examination"
includes any dental
examination, blood test, any X-ray examination and any other examination
or test that a medical board may consider necessary;
"mobilised
service"
means service under
section 18;
"national
service"
means service under
Part III in the armed forces and service in such other force, body
or organisation as the Minister may designate for this purpose by
notification in the Gazette;
"national
serviceman"
means a person in
national service;
"operationally
ready national service"
means
service under section 14;
"permanent
resident"
means any person who
is not subject to any restriction as to his period of residence
imposed under the provisions of any written law relating to immigration
for the time being in force in Singapore;
"person
subject to this Act"
means a
person who is a citizen of Singapore or a permanent resident thereof
and who is not less than 16 years and 6 months of age and not more
than 40 years of age or, in the case of a person who —
(a)
is an officer of the armed forces;
or
(b)
is skilled in an occupation which the
Minister by notification in the Gazette designates
as an occupation required to meet the needs of the armed forces,
not more than 50 years of age;
"proper
authority"
means the Armed Forces
Council established under section 8 of the Singapore Armed Forces
Act (Cap. 295) and any person or body appointed by it by name or
by office for the purposes of the whole or any Part of this Act;
"registered
medical practitioner"
has the
same meaning as in the Medical Registration Act (Cap. 174);
"regular
service"
means service under
section 19;
"regular
serviceman"
means a person in
regular service;
"service"
means national service and regular
service;
"Singapore
Armed Forces"
means the Singapore
Armed Forces constituted under the Singapore Armed Forces Act;
"Special Constabulary"
means the Special Constabulary constituted
under Part VIII of the Police Force Act (Cap. 235);
"subordinate military court"
has the same meaning as in the Singapore
Armed Forces Act.
[7/72; 21/74;
19/94]
PART II
REGISTRATION
Persons required to register.
3. —(1)
The
proper authority may from time to time by notice require a person
subject to this Act to report for registration and for fitness examination
for the purposes of service under this Act.
(2)
A person required to report for registration
and fitness examination under subsection (1) shall report to the
proper authority at such date, time and place as may be specified
in the notice and shall attend from day to day until duly registered
and examined.
Registration.
4. —(1)
A
person required to report for registration shall —
(a)
furnish such particulars about himself
as may be prescribed;
(b)
submit for inspection to the proper
authority such certificates or documents as may be prescribed;
(c)
carry on his person such certificate
or document as may be issued by the proper authority and present
that document or certificate on demand to the proper authority or
to any military policeman, police officer or to any person acting
on his behalf; and
(d)
submit to the taking of his photograph
and finger impressions.
(2)
Any
person affected by a notice given under section 3 (1) who, without
lawful excuse, fails to present himself for registration in accordance
with the notice 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 3 years or to both.
(3)
The court before which a person is
convicted of an offence under subsection (2) may also order that
person to present himself for registration for national service
on or before a specified date and any person who, without lawful
excuse, fails to present himself for registration in accordance
with such an order shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $50 for every day
during which he fails to register himself after the specified date.
Fitness examination.
5. A
person required to report for a fitness examination shall —
(a)
undergo or submit himself to that examination;
and
(b)
furnish the proper authority with correct
and complete information in respect of any matter which the proper
authority considers to be material for the purpose of determining
his fitness for service or fitness for any duty in service.
Information.
6. The
proper authority may, in accordance with regulations made under
this Act, order any person to furnish information in respect of
a person subject to this Act.
Fitness for service.
7. —(1)
The
fitness for service of a person subject to this Act shall be determined, from
time to time, by the proper authority in accordance with the fitness
examination and the needs of the armed forces.
(2)
No person who is not medically fit
shall be found fit for service.
Medical examination.
8. —(1)
The
proper authority shall appoint medical boards for the purpose of
determining the medical fitness of persons required to report for
a fitness examination.
(2)
Every medical board shall consist of
one or more members who shall be registered medical practitioners.
(3)
In the case of a medical board consisting
of more than one member, the proper authority shall nominate one
of the members to be chairman.
(4)
Where a medical board consists of more
than one member, it shall determine whether a person is medically
fit or not by a majority vote.
(5)
In the case of an equality of votes,
the chairman of the medical board shall have a second or casting
vote.
(6)
Every medical board shall act for and
on behalf of the proper authority and may subject a person required
to report for a fitness examination to a medical examination.
(7)
For the purpose of conducting a medical
examination, a medical board may require a person subject to this
Act who is liable to report for a fitness examination to be examined
by a person who is not a member of the medical board.
Further reporting.
9. The
proper authority may, at any time, require a person subject to this
Act who is liable to report for registration or a fitness examination
to report again on such other occasions as may be considered necessary.
PART III
NATIONAL SERVICE
Duty to report for enlistment.
10. —(1)
Subject
to the provisions of this Act, the proper authority may by notice require
a person subject to this Act not below the age of 18 years to report
for enlistment for national service.
(2)
A person required to report for enlistment
for national service shall report to the proper authority on such
date and at such time and place as may be specified in the notice
and shall attend from day to day until duly enlisted.
(3)
Enlistment for national service shall
be in the manner approved by the proper authority.
(4)
No duty of any kind shall be imposed
on a person required to report for enlistment or service unless
he is found fit for service.
Liability to be transferred from one
service to another.
11. A
person required under section 10 to report for enlistment for national
service shall be liable to render any form of national service and
may at any time, at the discretion of the proper authority, be transferred
from one form of service to another, from one force to another or
from one unit to another.
Liability to render full-time service.
12. —(1)
Every
person subject to this Act who is fit for national service and enlisted
on or after 1st January 1971 shall be liable to render full-time
service for a period not exceeding 2 years except that where a person —
(a)
is, during the period of service, promoted
to a rank above the rank of Lance-Corporal in the Singapore Armed
Forces or, where such service is in any of the other armed forces
or in a force, body or organisation which is designated by the Minister
for the purposes of national service, to such rank as may be regarded
by the proper authority as equal to a rank above the rank of Lance-Corporal
in the Singapore Armed Forces;
(b)
holds, during the period of service
in a force, body or organisation which is designated by the Minister
for the purposes of national service and in which there is no classification
of the members of the force, body or organisation into ranks similar
to those in any of the armed forces, such position or has, during
the period of service in such force, body or organisation, such
status as may be regarded by the proper authority as equal to the
position or status, as the case may be, of a national serviceman
in the Singapore Armed Forces who holds a rank above the rank of
Lance-Corporal in the Singapore Armed Forces;
(c)
is, during the period of service, selected
by the proper authority for officer training in the Singapore Armed
Forces or, where such service is in any of the other armed forces
or in a force, body or organisation which is designated by the Minister
for the purposes of national service, is selected for training or
a course intended to qualify him for such rank, position or status as
may be regarded by the proper authority as equal to the rank, position
or status, as the case may be, of an officer in the Singapore Armed
Forces; or
(d)
having been so selected as referred
to in paragraph (c), is currently undergoing such officer training
or other training or attending the course,
such person shall be liable to serve
for a period not exceeding 2 years and 6 months.
[18/78]
(2)
A reduction or reversion in rank or
the loss of a position or status referred to in subsection (1) shall
not affect the liability of a person incurred under that subsection.
[18/78]
Duty to render operationally ready
national service.
13. Every
person subject to this Act, who is fit for national service, shall
be liable, while not in any full-time service under this Act, to
render operationally ready national service.
[19/94]
Operationally ready national service
liability.
14. —(1)
Every
person who is liable for operationally ready national service shall —
(a)
report for service, in accordance with
this Act, whenever he is required to do so by the proper authority
on the date and at the time appointed by the proper authority for
him to report for operationally ready national service; and
(b)
serve, while fit for national service,
for one but not both, of the following sets of periods:
(i)
for a period of 14 days and 8 hours
per week during the first 6 months of service, and for a period
of 7 days annually and 3 hours per week or 6 hours per fortnight
or 12 hours per month after the first 6 months of service; or
(ii)
for periods not exceeding in the aggregate
40 days annually.
[25/89;19/94]
(2)
Nothing in subsection (1) shall preclude
any person who is liable for operationally ready national service
from serving for a period or periods longer than the period or periods
specified in subsection (1) (b) (i) or (ii)
if authorised by the proper authority.
[25/89;
19/94]
Computation of operationally ready
national service.
15. —(1)
In
computing the periods of operationally ready national service required under
section 14 (1) (b) (ii) or (2), the following
provisions shall apply:
(a)
where a period of continuous operationally
ready national service falls within 2 years, the whole period shall
be deemed to fall within the first year;
(b)
a period of operationally ready national
service not exceeding 4 hours shall be deemed to be half a day of
service;
(c)
a period of operationally ready national
service between 4 and 24 hours shall be deemed to be one day of
service; and
(d)
where a person serves for a period
exceeding 24 hours, every calendar day on which he serves, including
the first and the last day, shall be deemed to be one day of service
though the latter periods might be of less than 24 hours duration.
[25/89;
19/94]
(2)
For the purposes of subsections (1)
(c), where a period of operationally ready national service between
18 and 24 hours falls within 2 calendar days it shall be deemed
to be 2 days of service.
[19/94]
PART
IV
MOBILISED SERVICE
Proclamation by President.
16. Where
the interests of Singapore so require, the President may, by proclamation,
empower the proper authority to call out persons liable to render
full-time service, operationally ready national service or regular
service for mobilised service.
[19/94]
Mobilised service liability.
17. Where
a proclamation under section 16 is issued, the proper authority
may order —
(a)
that a person shall not be released
at the end of his period of full-time service, operationally ready
national service or regular service and that the person shall continue
to render mobilised service; and
(b)
that a person liable for operationally
ready national service shall report for mobilised service.
[19/94]
Liability to render mobilised service.
18. Every
person liable for mobilised service shall upon a proclamation being
issued under section 16 report for mobilised service and remain
in mobilised service until discharged or released by the proper
authority.
PART V
REGULAR SERVICE
Regular service.
19. —(1)
Any
person may apply to the proper authority to be enlisted for regular service
in the Singapore Armed Forces.
[7/72]
(2)
Where a person applies to be enlisted
for such regular service, the proper authority may require him to
report for registration and fitness examination.
(3)
Where the proper authority approves
and accepts the application of any person for regular service, the
proper authority shall notify the person of that acceptance and
may require him to report for enlistment and service.
Terms and conditions of regular service.
20. —(1)
A
person required to report under section 19 shall be liable to render
regular service for the period approved by the proper authority
and under such terms and conditions as may be provided for from
time to time in regulations made under any written law relating
to the armed forces.
(2)
No person shall be liable to render
regular service in excess of the period for which he has applied
to serve.
(3)
The proper authority may at any time
order the discharge of a person from regular service before the
expiry of his period of service for any reason provided for in regulations
made under any written law relating to the armed forces.
(4)
Subject
to subsection (5), where a regular serviceman is sentenced by a
subordinate military court to a discharge with ignominy or dismissal,
he shall be deemed to be discharged from regular service on the
occurrence of any of the following events:
(a)
where no petition of review or appeal
has been lodged, the expiration of the time limited for the lodging
of such petition; or
(b)
where a petition of review or appeal
has been lodged, the confirmation of the sentence by the reviewing
authority or the Military Court of Appeal, as the case may be.
(5)
The
discharge of a regular serviceman under subsection (4) shall take
effect from the date of the sentence by reason of which he is discharged
or from such other date as may be specified by the subordinate military
court.
(6)
In
this section —
"Military
Court of Appeal"
means the Court
established under Part VII of the Singapore Armed Forces Act (Cap.
295);
"reviewing
authority"
means the reviewing
authority referred to in section 116 (1) of the Singapore Armed
Forces Act.
PART VI
DUTY OF EMPLOYER
Reinstatement of servicemen in employment.
21. —(1)
Every
employer, who has had in his employment a person subject to this Act
for a continuous period of at least 6 months immediately preceding
the date on which that person was ordered—
(a)
to report for or actually perform full-time
service, operationally ready national service or mobilised service;
or
(b)
to
report for mobilised service under section
73 or 97 of the Police Force Act 2004,
shall reinstate that person in his employment
at the termination of such service.
[21/74;
19/94]
(2)
Notwithstanding subsection (1), where
the person referred to in that subsection has been required to perform
further operationally ready national service under section 118 (16)
of the Singapore Armed Forces Act (Cap. 295) the employer may, in his
discretion, reinstate that person.
[21/74; 19/94]
(3)
Subsections (1) and (2) shall not apply
to an employer if the person subject to this Act whom he has had
in his employment was called up for full-time service and would
have remained in that employment only for an agreed definite or
certain period of time had that person not been ordered to perform
full-time service.
[18/78]
(4)
Where a person subject to this Act
is reinstated under subsection (1) or (2), the employer shall whenever
practicable reinstate him in an occupation and under conditions
not less favourable than those which would have been applicable
to him had he not been in service.
(5)
Any employer 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, and the court by which he
is convicted may order the employer to pay to the person whom he
has failed to reinstate a sum not exceeding an amount equal to 3
months remuneration at the rate at which remuneration was last payable
to him by the employer.
(6)
In any proceedings under this section,
it shall be a defence for the employer to prove that the person
formerly employed by him did not, before the expiration of 3 months
after termination of the service for which that person was called
up, apply to the employer for reinstatement.
Prohibition against dismissal.
22. —(1)
No
employer shall dismiss a person subject to this Act solely or mainly by
reason of any duty or liability which that person is, or may become,
liable to perform or discharge by reason of his being, or being
liable to be, called up for —
(a)
service under this Act;
(b)
mobilised
service under section 73 of the Police Force
Act 2004; or
(c)
voluntary service in the division
of the Singapore Armed Forces known as the People’s Defence
Force under the Singapore Armed Forces Act (Cap. 295) or in the
Special Constabulary under the Police Force Act,
unless that person —
(i)
has assumed duty or liability in
connection with additional operationally ready national service
under a punishment imposed by a court undersection 118 (16) of the
Singapore Armed Forces Act; or
(ii)
is called up for full-time service
and is employed only for an agreed definite or certain period of
time.
[21/74;18/78;19/94]
(2)
An employer may, in his discretion,
dismiss any person to whom subsection (1) (i) or (ii) applies.
[21/74]
(3)
For the purpose of this section where
any duty or liability of service under this Act caused or contributed
to the dismissal of a person subject to this Act, he shall be deemed
to have been dismissed by reason of that duty or liability, unless
the employer proves that the dismissal was for a reason unconnected
therewith.
(4)
Any employer 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, and the court by which he
is convicted may order the employer to pay to the dismissed person
as compensation a sum not exceeding an amount equal to 3 months
remuneration at the rate at which remuneration was last payable
to him by the employer.
Leave of absence.
23. —(1)
The
employer of a person required to report for —
(a)
national service;
(b)
mobilised
service under section 73 of the Police Force Act 2004;
or
(c)
voluntary service in the division of
the Singapore Armed Forces known as the People’s Defence
Force under the Singapore Armed Forces Act (Cap. 295) or in the
Special Constabulary under the Police Force Act (Cap. 235),
shall grant that person leave of absence
during his period of service.
[21/74]
(2)
Any person who contravenes 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 3 years or to both.
[21/74]
Loss of salaries and wages.
24. —(1)
Subject
to such conditions, restrictions or limitations as the Minister
may by regulations provide, a person who is performing any —
(a)
operationally ready national service
in the Special Constabulary or in the division of the Singapore
Armed Forces known as the People’s Defence Force or in
the Vigilante Corps under section 14 (1) (b)
(ii);
(b)
operationally ready national service
under section 14 (1) (b) (ii) or (2);
(c)
voluntary service in the division of
the Singapore Armed Forces known as the People’s Defence
Force under the Singapore Armed Forces Act or in the Special Constabulary
under the Police Force Act; or
(d)
mobilised service,
and who, immediately prior to the performance
of such service, was or is —
(i)self-employed;
(ii)self-employed as well as gainfully employed
under a contract of service; or
(iii)gainfully employed by one or more employers,
shall be entitled to claim reimbursement
of an amount by which his civilian remuneration is reduced as a
result of being required to perform such service, less any service
remuneration to which he is entitled in respect of that service.
[18/78;1/87;25/89;19/94]
(2)
The designated authority may pay the
claims under subsection (1) from moneys to be provided by Parliament.
[18/78]
(3)
If a dispute arises between the designated
authority and a person subject to this Act as to the amount that
such person may claim by way of reimbursement under subsection (1),
the matter shall be referred to the Minister whose decision shall
be final.
[18/78]
(4)
Where a person subject to this Act
is required to perform further operationally ready national service
under section 118 (16) of the Singapore Armed Forces Act (Cap. 295),
his employer shall, subject to subsection (5), be liable to pay
that person at a rate equal to his usual rate of civilian remuneration,
less the amount of any remuneration due to him in respect of such
further operationally ready national service, except that —
(a)
where that person is gainfully employed
under a contract of service by 2 or more employers, each of the
employers concerned shall be liable to pay the difference between
his civilian remuneration and his service remuneration in the proportion
that the civilian remuneration paid by each of the employers bears
to the total civilian remuneration that the operationally ready
national serviceman receives from all his employers; or
(b)
where that person is self-employed
as well as gainfully employed under a contract of service, his employer
shall only be liable to pay the difference between his civilian
remuneration and his service remuneration in the proportion that
the civilian remuneration paid by his employer bears to his total
civilian remuneration.
[18/78;19/94]
(5)
An employer who has paid any sum under
subsection (4) shall not be entitled to claim reimbursement thereof
from the designated authority.
[18/78]
(6)
Where under the Central Provident Fund
Act (Cap. 36) an employer pays contributions in respect of his employee,
the employer shall continue to pay the same amount of contributions
and at the same rate notwithstanding that his employee is performing —
(a)
any service under section 14 of this
Act or section 118 (16) of the Singapore Armed Forces Act, unless
the employee has been dismissed under section 22 of this Act on
account of his further service under section 118 (16) of the Singapore
Armed Forces Act;
(b)
any voluntary service in the division
of the Singapore Armed Forces known as the People’s Defence
Force under the Singapore Armed Forces Act or in the Special Constabulary
under the Police Force Act (Cap. 235); or
(c)
any mobilised service.
[18/78]
(7)
In this section and section 25 —
"civilian
remuneration,"
in respect of
any person, means the following moneys which the person would have
received had he not been required to perform any relevant service —
(a)
remuneration derived from gainful
employment; and
(b)
any other pay component —
(i)
that is provided to be paid to the
person under his contract of employment or service;
(ii)
that is, immediately before the date
of the commencement of relevant service, received by the person
on a regular basis for such period as may be prescribed by regulations;
(iii)
in respect of which the employer
is liable to pay contributions under section 7 of the Central Provident
Fund Act (Cap. 36), unless exempted under that Act; and
(iv)
that falls within the definition
of “gains or profits from any employment” in section
10 (2) of the Income Tax Act (Cap. 134),
but does not include ex gratia payments
or allowances paid to reimburse the person for expenses incurred
by him in the course of employment;
"designated
authority"
means any person
designated by the Minister for the purposes of this Act;
"mobilised service"
includes mobilised service under section 73 or 97 of the Police Force
Act 2004;
"relevant
service"
means —
(a)
service under section 14 or 18 of
this Act or section 118 (16) of the Singapore Armed Forces Act (Cap.
295);
(b)
voluntary service under the Singapore
Armed Forces Act or the Police Force Act; or
(c)
mobilised service;
"service"
includes any voluntary service with
the Singapore Armed Forces or the Special Constabulary;
"service
remuneration"
means any remuneration
payable by the Government for any service before any deduction is
made under any written law or with any order or instruction of the
Government or the armed forces.
[18/78; 16/2001]
Direct payment by employer
25. —(1)
Subject
to the designated authority’s consent and to such conditions,
restrictions and limitations as may be prescribed in regulations
made under this Act, the employer of a person who is entitled to
claim reimbursement in respect of the performance of any relevant
service under section 24 (1) may pay the person his civilian remuneration
in respect of the period of service and claim that amount from the
designated authority.
[16/2001]
(2)
A person shall
not be entitled to claim reimbursement in respect of the performance
of any relevant service under section 24 (1) if he has been paid
his civilian remuneration by his employer under subsection (1).
[16/2001]
(3)
If a dispute arises
between the designated authority and the employer as to the amount
that the employer may claim under subsection (1), the matter shall
be referred to the Minister whose decision shall be final.
[24A
[16/2001]
PART VII
MISCELLANEOUS PROVISIONS
Application of military law.
26. —(1)
Any
person required under this Act to report for enlistment or service
in the Singapore Army established under the repealed Singapore Army
Act 1965 (Act 13 of 1965) or the People’s Defence Force
as constituted under the repealed People’s Defence Force
Act (Cap. 234, 1970 Ed.), shall, from such date and time as may
be specified, be subject to military law.
(2)
The repealed Singapore Army Act 1965
(Act 13 of 1965) or any other Act relating to the armed forces shall
apply to the person referred to in subsection (1) notwithstanding
that he has not complied with the order.
[25
Release and unaccountable periods.
27. —(1)
Subject
to this Act, a national serviceman or a regular serviceman shall be
released by the proper authority at the end of the period which
he is liable to serve.
(2)
In computing the period of service
of any person referred to in subsection (1), no account shall be
taken of —
(a)
any period before the day on which
he reported for enlistment or for national service;
(b)
any
period of absence from duty without leave or desertion where he
was convicted therefor;
(c)
any
period during which he was serving or would have been serving, if
he were not unlawfully at large, a term of imprisonment, special
detention, detention or reformative training; or
(d)
any
period during which he was under close arrest on a charge for an
offence of which he was subsequently convicted by a subordinate
military court, a disciplinary officer or a Senior Disciplinary
Committee.
(3)
In
this section —
"disciplinary
officer"
has the same meaning
as in the Singapore Armed Forces Act (Cap. 295);
"Senior
Disciplinary Committee"
means
a Senior Disciplinary Committee appointed under section 72 of the
Singapore Armed Forces Act.
[26
[18/78]
Postponement.
28. The
proper authority may by notice postpone for such period as it may
consider appropriate all or any part of the liability of any person
under this Act.
[27
Exemption.
29. The
proper authority may by notice exempt any person from all or any
part of the liability of that person under this Act.
[28
Orders, notices, permits and appointments.
30. —(1)
Orders,
notices, permits and appointments issued or made under this Act may
be of a general nature or may refer to a class of persons or to
one person or to any number of persons.
[25/89]
(2)
An order or notice issued under this
Act may be served on any person —
Personal delivery and telephone conversation
(a)
by
delivering it personally, or reading the contents of the order or
notice over the telephone personally, to that person;
Publication in newspapers and Gazette
(b)
by
publishing it in the daily newspapers circulating in Singapore in
all the official languages or in the Gazette ;
Broadcast over radio and television
(c)
by
broadcasting it over the radio and television in the prescribed
manner;
Public-address system or siren
(d)
by
audible signals given in the prescribed manner over a public-address
system or through a siren where such signals are audible from the
usual or last known place of residence, business and employment
of the person to be served;
Registered post
(e)
by
sending it by registered post to the person to be served at the
usual or last known place of residence or business of that person;
Delivery to member of family or household at residence
(f)
by
leaving it at the usual or last known place of residence of the
person to be served with a member of his family or household who
is apparently above the age of 16 years and apparently residing
at that place;
Telephone conversation with member of family or household
(g)
by
reading the contents of the order or notice over the telephone to
a member of the family or household of the person to be served who
is apparently above the age of 16 years and apparently residing
at the usual or last known place of residence of the person to be
served;
Delivery to employee or person in charge of working
place
(h)
by
leaving it at the usual or last known place of business or employment
of the person to be served with a person apparently above the age
of 16 years and apparently in charge of or employed at that place;
Telephone conversation with employee or person in
charge of working place
(i)
by
reading the contents of the order or notice over the telephone to
a person apparently above the age of 16 years and apparently in
charge of or is employed at the usual or last known place of business
or employment of the person to be served;
Pager
(j)
by
sending it by radio-communications pager transmission in the prescribed manner;
or
Facsimile transmission, telex and other means of
telecommunication
(k)
by
sending it by facsimile transmission, telex or any other prescribed
means of telecommunication to the person to be served at the usual
or last known place of residence, business or employment of that
person where there is an acknowledgment by electronic or any other
means to the effect that the order or notice has been received at
that place.
[25/89]
Knowledge of order or notice
(3)
Where
an order or notice is served on any person under—
(a)
subsection (2) (b),
it shall be deemed to have been read by the person to whom it applies
by noon on the day following the date of publication;
(b)
subsection (2) (c)
or (d), it shall be deemed to have been seen
or heard by the person to whom it applies on the expiry of 6 hours
from the commencement of the first broadcast or audible signal,
as the case may be;
(c)
subsection (2) (e),
it shall be deemed to have been received and read by the person
to whom it applies on the expiry of 48 hours from the time at which it
was delivered to the post office for despatch;
(d)
subsection (2) (f)
or (g), it shall be deemed to have been conveyed
or read to the person to whom it applies at the time of delivery
or telephone conversation, as the case may be;
(e)
subsection (2) (h)
or (i), it shall be —
(i)
presumed, until the contrary is proved,
to have been conveyed or read to the person to whom it applies at
the time of delivery or telephone conversation, as the case may
be; and
(ii)
deemed to have been conveyed or read
to the person to whom it applies on the expiry of 6 hours from the
time of delivery or telephone conversation, as the case may be;
or
(f)
subsection (2) (j)
or (k), it shall be —
(i)
presumed, until the contrary is proved,
to have been received and read or heard by the person to whom it
applies at the time of the first transmission; and
(ii)
deemed to have been received and read
or heard by the person to whom it applies on the expiry of 6 hours
from the time of the first transmission.
[25/89]
Order or notice to remain in force until compliance
or revocation
(4)
An
order or notice issued under this Act shall remain in force until
it is complied with or revoked and a person not complying with such
an order or notice at the specified time shall be liable to comply
with it as soon as possible.
[25/89]
Conditions and revocation
(5)
An
order, notice, permit or appointment, issued or made under this
Act, may be subject to conditions and may be revoked at any time.
[25/89]
Ignorance of order or notice not an excuse
(6)
Where
a person has under subsection (3) been deemed to have knowledge
of an order or notice issued under this Act, ignorance of the fact
that the order or notice has been duly served on him under subsection
(2) shall not be an excuse for failing to comply with that order
or notice.
[29
[25/89]
Calculation of age.
31. For
the purpose of calculation of age under this Act, the following
provisions shall apply:
(a)
where the month in which a person was
born is not entered in his identity card, he shall be deemed to
be born on 1st July;
(b)
where the day of the month on which
a person was born is not entered in his identity card, he shall
be deemed to be born on the first day of the month; and
(c)
where the year in which a person was
born is not entered in his identity card, the proper authority may
order him to undergo medical examinations and produce evidence in
respect of his age and shall decide on his year of birth.
[30
Exit permits.
32. —(1)
A
person subject to this Act who has been registered under section
3 or is deemed to be registered or is liable to register under this
Act, or a relevant child, shall not leave
Singapore or remain outside Singapore unless he is in possession
of a valid permit (referred to in this Act as exit permit) issued
by the proper authority permitting him to do so.
(2)
A person to whom an exit permit under
subsection (1) is granted shall return to Singapore before the expiry
of the period for which he was allowed to stay outside Singapore.
[31
(3)
Any relevant child within or outside Singapore
who contravenes subsection (1) or (2) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $2,000.
(4)
Where any relevant child contravenes subsection
(1) or (2), each parent within or outside Singapore of the relevant
child shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $2,000.
(5)
In this section —
"parent"
, in relation to a relevant
child, includes a guardian and any person having the actual custody
of the relevant child;
"relevant child"
means a person who is
a citizen or permanent resident of Singapore and who is not less
than 13 years of age but less than 16 years and 6 months
of age.
Offences.
33. Except
as provided in section 32 (3) and (4), any person within or outside
Singapore who —
(a)
fails to comply with any order or notice
issued under this Act;
(b)
fails to fulfil any liability imposed
on him under this Act;
(c)
fraudulently obtains or attempts to
obtain postponement, release, discharge or exemption from any duty
under this Act;
(d)
does any act with the intention of
unlawfully evading service;
(e)
gives the proper authority or any person
acting on his behalf false or misleading information; or
(f)
aids, abets or counsels any other person
to act in the manner laid down in paragraph (a),
(b), (c), (d)
or (e),
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 3 years or to both.
[32
Composition of offences
34. —(1)
The
proper authority may, in its discretion, compound any offence under
this Act as may be prescribed as being an offence which may be compounded which
is prescribed to be a compoundable offence by collecting from a
person reasonably suspected of having committed the offence —
(a)
a sum not exceeding $1,000
in the case of an offence under this Act; or
(b)
a sum not exceeding $500
in the case of an offence under the regulations.
[16/2001]
(2)
On payment of such
sum, no further proceedings shall be taken against that person in
respect of the offence.
[16/2001]
(3)
The Minister may
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.
[32A
[16/2001]
Enlistment inspectors
35. The
proper authority may appoint one or more public officers as enlistment inspectors
to investigate the commission of any offence under this Act.
[32B
[16/2001]
Powers of enlistment
inspectors and police officers
36. —(1)
Any
enlistment inspector may, without warrant, arrest any person who he
reasonably believes has committed an offence under this Act.
[16/2001]
(2)
Where a person
is arrested by an enlistment inspector under this section, the enlistment
inspector shall comply with sections 35 and 36 of the Criminal Procedure Code
(Cap. 68) as if he were a police officer.
[16/2001]
(3)
In any case relating
to the commission of an offence under this Act, any enlistment inspector
shall have the power to do all or any of the following:
(a)
to require by order any person who
the enlistment inspector has reason to believe has any article,
document or information relevant to the carrying out of the provisions
of this Act to produce any such article or document, or give such
information, and to retain the article or document, or make copies
of such documents;
(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, and to reduce into writing
the answer given or statement made by that person who shall be bound
to state truly the facts and circumstances with which he is acquainted,
and the statement made by that person shall be read over to him
and shall, after correction, be signed by him;
(c)
to require by order in writing the
attendance before him 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, and
that person shall so attend as required and if he fails to attend
as so required, to report such failure to a Magistrate who may thereupon
issue a warrant to secure the attendance of that person as required
by the order.
[16/2001]
(4)
Any enlistment
inspector specially authorised in writing by the proper authority
may, with a warrant issued by the proper authority and with or without
assistance, enter and search any premises, if he has reasonable
cause to believe —
(a)
that evidence of the commission of
an offence under this Act can be found therein; and
(b)
that a person to whom an order under
subsection (3) (a) has been or might be issued
will not or would not produce the article, document or information
as directed in the order or that the article, document or information
is not in the possession of any person,
and may seize any evidence so found.
[16/2001]
(5)
In addition to
any other power conferred by written law, any police officer may
exercise the powers conferred upon an enlistment inspector under
subsections (1) and (3).
[32C
[16/2001]
Regulations.
37. —(1)
The
Minister may make such regulations as may be necessary or expedient
to carry out the provisions of this Act.
(2)
Without prejudice to the generality
of subsection (1), the Minister may make regulations relating to —
(a)
payment of remuneration to persons
in national service;
(b)
duties of persons liable for service;
(c)
duties of employers in respect of national
servicemen;
(d)
appointment of advisory boards;
(e)
registration, fitness examination and
enlistment;
(f)
postponement, exemption, release and
discharge;
(g)
exit permits; and
(h)
leave.
(3)
Any regulations made under this section
may prescribe that any act or omission in contravention of any regulation
shall be an offence and may provide for the imposition of penalties
for such offence which penalties shall not exceed a fine of $2,000
and imprisonment for a term not exceeding 12 months.
[33
LEGISLATION HISTORY
1. Act 25 of 1970 — Enlistment
Act 1970
| |
|
|
| Date of First Reading |
: |
7.5.70 (Bill No.
17/70 published on 11.5.70) |
| Date of Second and
Third Readings |
: |
21.5.70 |
| Date of commencement |
: |
1.8.70 |
| |
|
|
2. Act 54 of 1970 — Enlistment
(Amendment) Act 1970
| |
|
|
| Date of First Reading |
: |
4.11.70 (Bill No.
42/70 published on 9.11.70) |
| Date of Second and
Third Readings |
: |
30.12.70 |
| Date of commencement |
: |
1.1.71 |
| |
|
|
3. Act 7 of 1972 — Singapore
Armed Forces Act 1972
(Consequential amendments made by)
| |
|
|
| Date of First Reading |
: |
7.3.72 (Bill No.
2/72 published on 9.3.72) |
| Date of Second and
Third Readings |
: |
23.3.72 |
| Date of commencement |
: |
15.6.72 |
| |
|
|
4. Act 34 of 1973 — Statutes
of the Republic of Singapore (Miscellaneous Amendments) (No. 3)
Act 1973
| |
|
|
| Date of First Reading |
: |
11.7.73 (Bill No.
27/73 published on 14.7.73) |
| Date of Second and
Third Readings |
: |
25.7.73 |
| Date of commencement |
: |
24.8.73 |
| |
|
|
5. Act 21 of 1974 — Enlistment
(Amendment) Act 1974
| |
|
|
| Date of First Reading |
: |
23.10.74 (Bill No.
27/74 published on 25.10.74) |
| Date of Second and
Third Readings |
: |
6.11.74 |
| Date of commencement |
: |
1.3.75 |
| |
|
|
6. Act 21 of 1975 — Enlistment
(Amendment) Act 1975
| |
|
|
| Date of First Reading |
: |
24.3.75 (Bill No.
23/75 published on 27.3.75) |
| Date of Second and
Third Readings |
: |
29.7.75 |
| Date of commencement |
: |
5.9.75 |
| |
|
|
7. Act 18 of 1978 — Enlistment
(Amendment) Act 1978
| |
|
|
| Date of First Reading |
: |
17.2.78 (Bill No.
7/78 published on 22.2.78) |
| Date of Second and
Third Readings |
: |
23.3.78 |
| Date of commencement |
: |
28.4.78 |
| |
|
|
8. Act 1 of 1987 — Enlistment
(Amendment) Act 1987
| |
|
|
| Date of First Reading |
: |
9.12.86 (Bill No.
27/86 published on 10.12.86) |
| Date of Second and
Third Readings |
: |
26.1.87 |
| Date of commencement |
: |
13.2.87 |
| |
|
|
9. Act 25 of 1989 — Enlistment
(Amendment) Act 1989
| |
|
|
| Date of First Reading |
: |
7.4.89 (Bill No.
27/89 published on 8.4.89) |
| Date of Second and
Third Readings |
: |
29.5.89 |
| Date of commencement |
: |
15.6.89 |
| |
|
|
10. Act 19 of 1994 — Enlistment
(Amendment) Act 1994
| |
|
|
| Date of First Reading |
: |
25.7.94 (Bill No.
21/94 published on 29.7.94) |
| Date of Second and
Third Readings |
: |
31.10.94 |
| Date of commencement |
: |
1.12.94 |
| |
|
|
11. Act 16 of 2001— Enlistment
(Amendment) Act 2001
| |
|
|
| Date of First Reading |
: |
22.2.2001 (Bill No.
4/2001 published on 23.2.2001) |
| Date of Second and
Third Readings |
: |
19.4.2001 |
| Date of commencement |
: |
15.5.2001 |
| |
|
|
COMPARATIVE TABLE
The following provisions in the 1995
Revised Edition of the Enlistment Act have been renumbered by the
Law Revision Commissioners in this 2001 Revised Edition.
This Comparative Table is provided
for the convenience of users. It is not part of the Enlistment Act.
| 2001
Ed. |
|
1995
Ed |
| PART I — PRELIMINARY |
|
PART I |
| PART II — REGISTRATION |
|
PART II |
| 8—(2)
and (3) |
|
8—(2) |
| (4) and (5) |
|
(3) |
| (6) |
|
(4) |
| (7) |
|
(5) |
PART III — NATIONAL
SERVICE
PART IV — MOBILISED SERVICE |
|
PART III |
| Obsolete |
|
12—(3) |
| 15—(1)
and (2) |
|
15 |
| PART V — REGULAR
SERVICE |
|
PART IV |
| PART VI — DUTY
OF EMPLOYER |
|
PART V |
| 21 — (1)
and (2) |
|
21 — (1) |
| (3) |
|
(2) |
| (4) |
|
(3) |
| (5) and (6) |
|
(4) |
| 22 — (1)
and (2) |
|
22 — (1) |
| (3) |
|
(2) |
| (4) |
|
(3) |
| 24—(1)
and (2) |
|
24—(1) |
| (3) |
|
(2) |
| (4) |
|
(3) |
| (5) |
|
(4) |
| (6) |
|
(5) |
| (7) |
|
(6) |
| 25 |
|
24A |
| PART VII — MISCELLANEOUS
PROVISIONS |
|
PART VI |
| 26—(1)
and (2) |
|
25 |
| 27—(1)
and (2) |
|
26 |
| 28 |
|
27 |
| 29 |
|
28 |
| 30 |
|
29 |
| 31 |
|
30 |
| 32 |
|
31 |
| 33 |
|
32 |
| 34 |
|
32A |
| 35 |
|
32B |
| 36 |
|
32C |
| 37 |
|
33 |
| Obsolete |
|
34 |
|