What is Industrial Training Board Bill?

Industrial Training Board Bill is Singapore Bill, cited as Bill 37 1972, currently marked in force and first recorded in 1972.

Is Industrial Training Board Bill still in force?

Yes — Industrial Training Board Bill is currently in force.

When did Industrial Training Board Bill take effect?

Industrial Training Board Bill was first recorded in 1972.

How many clauses does Industrial Training Board Bill have?

Industrial Training Board Bill contains 47 clauses.

Where can I read the official version of Industrial Training Board Bill?

The official text of Industrial Training Board Bill is published at sso.agc.gov.sg.

Industrial Training Board Bill (1972, No. 37)

Clause 1

Short title and commencement

This Act may be cited as the Industrial Training Board Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

(1)

This Act may be cited as the Industrial Training Board Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2)

The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Clause 2

Interpretation

In this Act, unless the context otherwise requires —“Board” means the Industrial Training Board established under section 3 of this Act;“Chairman” means the Chairman of the Board appointed under subsection (1) of section 4 of this Act;“company auditor” means a person approved as a company auditor for the purposes of the Companies Act (Cap. 185);“Deputy Chairman” means the Deputy Chairman of the Board appointed under subsection (1) of section 4 of this Act;“Director” means the Director of Industrial Training appointed under subsection (1) of section 21 of this Act;“industry” includes any trade, service industry and other related activities;“Part” means Part of this Act.

Definition

“Board” means the Industrial Training Board established under section 3 of this Act;

Definition

“Chairman” means the Chairman of the Board appointed under subsection (1) of section 4 of this Act;

Definition

“company auditor” means a person approved as a company auditor for the purposes of the Companies Act (Cap. 185);

Definition

“Deputy Chairman” means the Deputy Chairman of the Board appointed under subsection (1) of section 4 of this Act;

Definition

“Director” means the Director of Industrial Training appointed under subsection (1) of section 21 of this Act;

Definition

“industry” includes any trade, service industry and other related activities;

Definition

“Part” means Part of this Act.

Clause 21

Director of Industrial Training

(1)

The Board shall, with the approval of the Minister, appoint a Director of Industrial Training on such terms and conditions as the Board may determine.

(2)

The Director shall —

(a)

be the Chief Executive Officer of the Board;

(b)

be responsible to the members of the Board for the proper administration and management of the Board in accordance with the policy laid down by the members of the Board; and

(c)

not be removed from office without the consent of the Minister.

(3)

If the Director is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for other reasons temporarily unable to perform his duties, any person may be appointed by the Board to act in the place of the Director during any such period of absence from duty.

Clause 22

Employment of staff

The Board may from time to time and subject to such directions as may be given by the Minister appoint such number of employees on such terms as to remuneration and otherwise as the Board may determine.

Clause 23

Pension schemes, provident fund, etc.

(1)

The Board may, with the approval of the Minister, make regulations for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Board as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Board or on their otherwise leaving the service of the Board.

(2)

The following provisions shall apply to any scheme established under subsection (1) of this section: —

(a)

no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no donation by the Board or contribution by its employees made under any such scheme and no interest thereon shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;

(c)

no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be subject to a trust in favour of the persons entitled thereto under a nomination in such form as may be prescribed in such scheme, or in the absence of any such nomination the persons entitled thereto under the will or intestacy of such deceased contributor and shall not form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act (Cap. 137);

(f)

any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in the form prescribed in such scheme and shall be deposited with the Board;

(g)

if at the time of death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court; and

(h)

the receipt of a person duly nominated by a deceased contributor or a trustee or trustees duly appointed, or in default of any such nomination or appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme.

(3)

Where any person in the service of the Board, who does not come within the scope and effect of any pension or other schemes established under this section, retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or to such other person or persons wholly or partly dependent on him, as the Board may think fit, such allowance or gratuity as the Board may determine.

Clause 24

Remuneration not to be related to profits

No salary, fee, wage or other remuneration or allowance paid by the Board to any member, employee or agent shall be computed by reference to the profits of the Board.

Clause 25

Personal immunity of members and officers of the Board

No matter or thing done and no contract of any kind entered into by the Board and no matter or thing done by any member of the Board or by any employee thereof or any other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act, subject any such member or employee or any other person acting under the direction of the Board personally to any action, liability, claim or demand whatsoever in respect thereof.

Clause 26

Public servants

The members and employees of the Board of every description shall be deemed to be public servants within the meaning of the Penal Code (Cap. 103).

Clause 3

Establishment of the Industrial Training Board

There is hereby established in accordance with the provisions of this Act a body to be called the “Industrial Training Board” which shall be a body corporate with perpetual succession and with power to sue and be sued in its corporate name, and to acquire and dispose of property, both movable and immovable, and to perform such other acts as bodies corporate may by law perform, and to exercise such other powers as are conferred under or by virtue of this Act.

Clause 4

Constitution of the Board

(1)

The Board shall consist of the following members, all of whom shall be appointed by the Minister: —

(a)

a Chairman;

(b)

a Deputy Chairman;

(c)

three persons representing the Government;

(d)

three persons representing industry;

(e)

three persons representing the National Trades Union Congress of Singapore; and

(f)

such number of other persons as the Minister may consider necessary.

(2)

The Chairman, Deputy Chairman and other members of the Board shall, unless the Minister otherwise directs, hold office for a period of three years from the date of their respective appointments and shall be eligible for re-appointment.

(3)

The Minister may appoint a person to be a temporary member of the Board during the absence, or incapacity owing to illness or otherwise, of any member of the Board.

(4)

The Minister may, at any time, revoke the appointment of the Chairman, Deputy Chairman or any other member of the Board without assigning any reason therefor.

(5)

The Minister may, at any time, accept the resignation of any member of the Board.

Clause 5

Salaries, fees and allowances payable to Board members

There shall be paid to the Chairman, Deputy Chairman and other members of the Board out of the funds of the Board such salaries, fees and allowances as the Minister may, from time to time, determine.

Clause 6

Vacation of office of Board member

The office of a member of the Board shall be vacated if the member —

(a)

becomes of unsound mind;

(b)

becomes a bankrupt or suspends payment to, or makes any arrangement or composition with, his creditors;

(c)

has been absent, without leave of the Board, from three consecutive meetings of the Board;

(d)

resigns from his office; or

(e)

is convicted of an offence involving dishonesty, fraud or moral turpitude.

Clause 7

Filling of vacancies in the office of Board member

If any member of the Board dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, another person may be appointed by the Minister for the unexpired period of the term of office of the member of the Board in whose place he is appointed:Provided that where the member of the Board in whose place he is appointed was a representative of a person or class of persons, he shall be a representative of the same person or class of persons.

Clause 8

Meetings of the Board

(1)

The Chairman shall summon meetings as often as may be required but not less frequently than once in three months.

(2)

At every meeting of the Board, a quorum shall consist of six members of the Board.

(3)

Decisions at meetings of the Board shall be adopted by a simple majority of the votes of the members present and voting except in the case of an equality of votes the Chairman or in his absence the Deputy Chairman shall have a casting vote.

(4)

The Chairman or in his absence the Deputy Chairman shall preside at meetings of the Board.

(5)

The Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy in its membership.

(6)

Subject to the provisions of this Act, the Board may make standing orders to regulate its own procedure, and in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.

Clause 9

Board member’s interest in contract to be made known

(1)

A member of the Board who is directly or indirectly interested in a contract made, or proposed to be made, by the Board shall disclose the nature of his interest at the first meeting of the Board at which he is present after the relevant facts have come to his knowledge.

(2)

A disclosure under subsection (1) of this section shall be recorded in the minutes of the Board and, after the disclosure, that member of the Board —

(a)

shall not take part in any deliberation or decision of the Board with respect to that contract; and

(b)

shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

(3)

No act or proceeding of the Board shall be questioned on the ground that a member of the Board has contravened the provisions of this section.

Clause 10

Validity of acts of Board members

The acts of a member of the Board shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualifications.

Clause 11

Directions by the Minister

(1)

The Minister may, after consultation with the Board, give such general directions not inconsistent with the provisions of this Act as to the policy to be followed by the Board in the performance of its functions under this Act as appear to the Minister to be necessary and the Board shall, as soon as possible, give effect to any such direction.

(2)

The Board shall give the Minister such information or facilities for obtaining information with regard to the exercise of its functions in such manner and at such times as the Minister may reasonably require.

Clause 12

Transfer to the Board of Government undertakings

(1)

Upon the coming into operation of this Part, such educational or vocational training institutions established by or were vested and held by the Government as the Minister may, after consultation with the Minister for Finance, determine shall be transferred to and vested in the Board without further assurance and such transfer shall include all lands, buildings, and other property, movable or immovable, assets, rights, privileges, obligations and liabilities held or enjoyed in connection therewith or appertaining thereto.

(2)

Upon the coming into operation of this Part, such monies held by the Government for the promotion and advancement of technical education as the Minister may, after consultation with the Minister for Finance, determine shall forthwith be paid and transferred to and held by the Board for the same purpose.

(3)

All rights, privileges, obligations and liabilities which immediately before the date of the coming into operation of this Part were held, enjoyed or incurred in connection with or appertaining to the educational or vocational training institutions transferred under subsection (1) of this section shall be deemed to be the rights, privileges, obligations and liabilities of the Board.

(4)

Where anything has been commenced for the purpose of the educational or vocational training institutions transferred under subsection (1) of this section such thing may be carried on and completed by, or under the authority of, the Board.

(5)

If any question arises as to which of the properties, movable or immovable, has been transferred to and vested in the Board under subsection (1) of this section a certificate under the hand of the Minister shall be conclusive evidence of the vesting of such property in the Board.

Clause 13

Existing contracts

All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the date of the coming into operation of this Part affecting the educational or vocational training institutions transferred under subsection (1) of section 12 of this Act or any employee of the Government transferred to the service of the Board shall be of full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the Government or any person acting on behalf of the Government, the Board had been named therein or had been a party thereto.

Clause 14

Pending proceedings

Any proceeding or cause of action pending or existing immediately before the date of the coming into operation of this Part by or against the Government or any person acting on behalf of the Government in respect of the educational or vocational training institutions transferred under subsection (1) of section 12 of this Act and the rights, obligations and liabilities in connection therewith may be continued and enforced by or against the Board as it might have been by or against the Government or such person if this Act had not been enacted.

Clause 15

Transfer of employees

(1)

Upon the coming into operation of this Part —

(a)

every person employed by the Government in the educational or vocational training institutions transferred under subsection (1) of section 12 of this Act immediately prior to the date of the coming into operation of this Part; and

(b)

such other persons employed by the Government as the Minister may determine;shall be transferred to the service of the Board on terms not less favourable than those they enjoyed immediately prior to their transfer and such terms (which shall be determined by the Board) shall take into account the salaries and conditions of service, including any accrued rights to leave, enjoyed by them while in the employment of the Government.

(2)

Notwithstanding the provisions of subsection (1) of this section, such categories of persons who are transferred to the service of the Board, as the Minister may determine, shall as soon as practicable be given the option of remaining in the service of the Government.

(3)

Until such time as schemes and terms and conditions of service are drawn up by the Board, the regulations relating to salaries and terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Board under subsection (1) of this section.

Clause 16

Pension rights etc. to be preserved

(1)

The Board in making regulations under subsection (1) of section 23 of this Act relating to any pension, provident fund or other superannuation benefits which affect any person transferred to the service of the Board under section 15 of this Act shall in such regulations provide for the payment to such persons or their dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which such persons would have been eligible under the Pensions Act (Cap. 55) had they continued in the service of the Government and any such regulation relating to the length of service with the Board shall 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 regulations to be made under subsection (1) of section 23 of this Act shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Board from their service with the Government as regards any pension, gratuity or allowance payable under the Pensions Act.

(3)

Where any person who is transferred to the service of the Board under section 15 of this Act is a contributor under the Widows’ and Orphans’ Pensions Act (Cap. 58), he shall for the purposes of that Act continue to make contributions under that Act as if he had not been transferred to the service of the Board and for the purposes of that Act his service with the Board shall be deemed to be service with the Government and the Board shall have the right to make deductions from the salary of such person to be paid as contributions under that Act.

(4)

In every case where a person has been transferred to the service of the Board under subsection (1) of section 15 of this Act, the Government shall be liable to pay to the Board such portion of any gratuity, pension or allowance payable to such person or his dependants on his retirement, death or otherwise leaving the service of the Board as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Board.

Clause 17

No benefits for abolition or re-organisation of office

Notwithstanding the provisions of the Pensions Act, no person who is transferred to the service of the Board under section 15 of this Act shall be entitled to claim any benefit under the Pensions Act on the ground that he has been retired from the service of the Government on account of abolition or re-organisation of office in consequence of the establishment and incorporation of the Board under this Act.

Clause 18

Functions of the Board

(1)

The Board —

(a)

shall manage and maintain the educational or vocational training institutions transferred to the Board by this Act and such other institutions as the Board may establish under this Act for the training of persons employed in industry or intending to be employed in industry;

(b)

shall provide or secure the provision of such courses and other facilities (which may include residential accommodation) for the training of persons employed or intending to be employed in the industry as may be required, having regard to any courses or facilities otherwise available to such persons;

(c)

may approve such courses and facilities provided by other persons;

(d)

may from time to time consider such categories of occupations in any industry as appear to require consideration, and publish recommendations, with regard to the nature and length of the training for any such occupation and the further education to be associated with the training, the persons by and to whom the training ought to be given, the standards to be attained as a result of the training and the methods of ascertaining whether those standards have been attained;

(e)

may apply or make arrangements for the application of selection tests and of tests or other methods of ascertaining the attainment of the standards recommended by the Board and may award certificates of the attainment of those standards;

(f)

may assist persons in finding facilities for being trained for employment in industry;

(g)

may carry on or assist other persons in carrying on research into any matter relating to training for employment in industry; and

(h)

shall exercise the powers and perform the duties that are vested in the Board by this Act.

(2)

The Board may enter into contracts of service or apprenticeship with persons who intend to be employed in industry and to attend courses or avail themselves of other facilities provided or approved by the Board.

(3)

The Board may —

(a)

pay maintenance and travelling allowances to persons attending courses provided or approved by the Board;

(b)

make grants or loans to persons providing courses or other facilities approved by the Board;

(c)

pay fees to persons providing further education in respect of persons who receive it in association with their training in courses provided or approved by the Board.

Clause 19

Powers

For the purpose of carrying out the functions set out in section 18 of this Act, the Board may —

(a)

provide such industrial training schemes, whether by itself or with the co-operation of other persons, as the Board thinks fit for any occupation in any industry.(b)carry on any trade or business whether by arrangement with other persons or by itself for the purpose of providing facilities for the training of persons employed in industry or intending to be employed in industry;

(c)

acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything whatsoever, whether movable or immovable, required by the Board for the purposes of this Act;

(d)

levy such rates and charges for training and other services performed as the Board may deem expedient;

(e)

receive donations and contributions from any source and raise funds by all lawful means;

(f)

make loans to persons employed by the Board (including loans to assist them to acquire housing accommodation) and guarantee loans made to persons so employed (including loans made by building societies and other bodies for housing purposes);

(g)

promote recreational activities for, and activities conducive to the welfare of, persons who are or have been engaged in the employment of the Board and assist the promotion by others of such activities; and

(h)

do all such other things as are incidental to or necessary for the performance of its functions.

Clause 20

Appointment of committees and delegation of powers

(1)

The Board may, in its discretion, appoint from among its own members or other persons who are not members of the Board such 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 such committees.

(2)

The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or the Chairman or the Director all or any of the powers, functions and duties by this Act vested in the Board, except the power to borrow money; and any power, function or duty so delegated may be exercised or performed by such committee or the Chairman or the Director, as the case may be, in the name and on behalf of the Board.

(3)

The Board may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof all or any of the Board’s functions and duties by this Act vested in the Board, except the power to borrow money or to raise or grant loans or advances to or subscribe to or underwrite the issue of stocks, shares, bonds or debentures of industrial enterprises; and any power, function or duty so delegated may be exercised or performed by such employee in the name and on behalf of the Board.

(4)

The Board may continue to exercise any power conferred upon it, or perform any function or duty under this Act, notwithstanding the delegation of such power, function or duty under the provisions of this section.

Clause 27

Board’s financial year

The financial year of the Board shall begin on the 1st day of April of each year and end on the 31st day of March of the succeeding year except that for the year during which the Board is established the financial year shall begin on the date of establishment of the Board and shall end on the 31st day of March of the succeeding year.

Clause 28

Expenses

All expenses incurred in carrying out the purposes of this Act shall be met from the funds of the Board.

Clause 29

Estimates

(1)

The Board shall in every year cause to be prepared and adopt annual estimates of income and expenditure of the Board for the ensuing year.

(2)

Supplementary estimates may be adopted by the Board.

(3)

A copy of all annual and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister who may approve or disallow any item or portion of any item shown in the estimates, and shall return the estimates as amended by him to the Board and the Board shall be bound thereby.

Clause 30

Grants

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 monies to be provided by Parliament.

Clause 31

Loans

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 source.

Clause 32

Investment

Moneys belonging to the Board may from time to time, subject to the approval of the Minister, be invested in any of the securities in which trust funds may, by any written law for the time being in force relating to trustees, be invested.

Clause 33

Accounts

(1)

The Board shall cause proper accounts and other records in relation thereto to be kept, and an annual statement of accounts to be prepared in respect of each financial year.

(2)

The annual statement of accounts of the Board shall present a true and fair view of the financial position of the Board and of the results, for the year to which it relates, and the operations of the Board.

(3)

All such accounts shall be submitted for audit not later than the 30th day of August in every year.

Clause 34

Audit

(1)

The Minister shall nominate in each year the Auditor-General or a company auditor (hereinafter in this Act referred to as “the Auditor”) to audit the accounts of the Board.

(2)

The Auditor shall be paid out of the revenue of the Board such remuneration, expenses or fees as the Minister, after consultation with the Board, shall direct.

(3)

For the purpose of any audit of accounts under this Act, the Auditor may by notice in writing require the production before him of any book, deed, contract, account, voucher or other document which he may deem necessary, and may require any person holding or accountable for any such document to appear before him and make and sign a declaration with respect thereto and may require from any person such information or explanation as he deems necessary.

(4)

Any person who, being required by the Auditor under subsection (3) of this section to produce any document or to appear before him and make and sign a declaration or to furnish information or explanation, fails without reasonable excuse to comply with such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars, and in the case of continuing failure to a fine not exceeding one hundred dollars for each day after the first day during which such failure continues.

Clause 35

Auditor’s report

The Auditor shall, as soon as practicable and not later than three months after the accounts have been submitted for audit, send an annual report of his audit to the Board. He shall also submit such periodical and special reports to the Minister and to the Board as may appear to him to be necessary.

Clause 36

Annual statement of accounts

(1)

The Board shall, within two months of the Auditor’s annual report, send to the Minister a statement of accounts and the balance-sheet in respect of the year for which the accounts were audited, signed by the Chairman and certified by the Auditor, together with a copy of the Auditor’s report of such annual accounts.

(2)

The Minister shall cause a copy of the annual statement of accounts, balance-sheet and the Auditor’s annual report referred to in subsection (1) of this section to be presented to Parliament.

Clause 37

Annual report

(1)

The Board shall, as soon as practicable after the end of each year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Board during the preceding year and containing such information relating to the proceedings and policy of the Board as the Minister may, from time to time, direct.

(2)

The Minister shall cause a copy of every such report to be presented to Parliament.

Clause 38

Common seal and execution of documents

(1)

The Board shall have a common seal, and such seal may from time to time be broken, changed, altered and made anew as the Board thinks fit.

(2)

All deeds, documents and other instruments requiring the seal of the Board shall be sealed with the common seal of the Board and every instrument to which the common seal is affixed shall be signed by a member of the Board and shall be countersigned by the Director or by some other person duly authorised by the Board for that purpose, and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Board.

(3)

The Board may by resolution or otherwise appoint an officer of the Board or any other agent either generally or in any 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.

(4)

The provisions of section 12 of the Registration of Deeds Act (Cap. 281) shall not apply to any instrument purporting to have been executed under the provisions of subsection (2) of this section.

Clause 39

Compulsory insurance

The Board may require any person who attends any of the courses or avails himself of the facilities provided or approved by the Board to be insured against personal injuries and loss of life.

Clause 40

Accidents happening in connection with training provided or approved by the Board

(1)

In relation to accidents happening to workmen (within the meaning of the Workmen’s Compensation Act) who attend courses or avail themselves of the facilities provided or approved by the Board, that Act shall have effect subject to the following modification.

(2)

For the purposes of the Workmen’s Compensation Act (Cap. 130), any act done by a workman for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer’s trade or business, be deemed to be so done.

Clause 41

Power to obtain information from employers

(1)

The Director may require employers in industry to furnish such returns and other information and to keep such records and produce them for examination on his behalf as appear to the Director to be necessary for the purposes of this Act.

(2)

Subject to subsection (3) of this section, returns and other information furnished in pursuance of subsection (1) of this section and any information obtained on an examination made in pursuance thereof shall not, without the consent of the employer to whose business the returns or information relate, be disclosed otherwise than to the Board or a committee appointed by the Board, or an officer of the Board or of such committee or any person entitled to take part in the proceedings of the Board.

(3)

Subsection (2) of this section shall not apply —

(a)

to the disclosure of returns or information in the form of a summary of similar returns or information furnished by or obtained from a number of employers, if the summary is so framed as not to enable particulars relating to any individual business to be ascertained from it;

(b)

to any disclosure of information made for the purposes of any legal proceedings pursuant to this Act or any criminal proceedings, whether pursuant to this Act or not, or for the purposes of any report of any such proceedings.

(4)

A certificate purporting to be issued by or on behalf of the Director and stating that he has approved any kind of information, return or record for the purposes of subsection (2) of this section shall in any legal proceedings be evidence of the facts stated in the certificate.

(5)

If any person fails to comply with any requisition made under subsection (1) of this section he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or on a second or subsequent conviction to a fine not exceeding one thousand dollars.

(6)

If any person —

(a)

knowingly or recklessly furnishes, in pursuance of any requisition made under subsection (1) of this section, any return or other information which is false in a material particular;

(b)

wilfully makes a false entry in any record required to be produced under subsection (1) of this section or, with intent to deceive, makes use of any such entry which he knows to be false; or

(c)

discloses any information in contravention of subsection (3) of this section,he shall be guilty of an offence.

Clause 42

Obstructing officers of the Board

Any person who obstructs or hinders any officer or agent of the Board acting in the discharge of his duty under this Act or of any of the regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.

Clause 43

Proceedings conducted by officers of Board

Proceedings in respect of any offence under this Act or of any of the regulations made thereunder may be conducted by an officer of the Board or an officer of the Government authorised in writing in that behalf by the Director.

Clause 44

Sanction of Public Prosecutor

No court shall take cognizance of any offence under this Act or the regulations made thereunder except with the sanction of the Public Prosecutor.

Clause 45

General penalties

Any person who commits an offence under this Act for which no special penalty is provided by this Act shall be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Clause 46

Offence by body corporate

Where an offence under this Act or the regulations made thereunder is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Clause 47

Regulations

(1)

The Board may, with the approval of the Minister, make such regulations as are necessary for carrying into effect the provisions of this Act.

(2)

Without prejudice to the generality of subsection (1) of this section, the Board may make regulations for all or any of the following purposes: —

(a)

prescribing schemes for the award of scholarships and other financial assistance to persons attending courses of training;

(b)

providing for tests to be conducted in any trade, calling or vocation; and

(c)

the appointment, promotion, dismissal, termination of service and disciplinary control of the employees of the Board.

Industrial Training Board Bill

About this bill

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