Timber Industry Board (Incorporation) Bill

This Act may be cited as the Timber Industry Board (Incorporation) Act, 1973 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

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

“Board” means the Timber Industry Board established under section 3;

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

“Executive Secretary” means the Executive Secretary of the Board appointed under section 31;

“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Singapore by any means or to place timber in any form of conveyance for the purposes of taking such timber out of Singapore by any means to any place: Provided that timber taken out of Singapore by the same aircraft or ship by which it was brought into Singapore shall not be deemed to be exported unless after being brought into Singapore the timber has been landed or transhipped within Singapore;

“exporter” means a person who exports timber;

“Fund” means the Timber Industry Board Fund established under section 35;

“grader” means a person who holds a valid certificate of competency in the grading of timber issued by the grading authority;

“grading authority” means, until otherwise declared by the Minister by notification in the Gazette, the Timber Officer of the Department of Trade;

“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by any means;

“licence” means a licence issued under this Act;

“licensee” means a holder of a valid licence;

“manufacturer” means any person who is registered under the Control of Manufacture Act (Cap. 241) in respect of any timber or carries on the business of processing, seasoning or preserving timber;

“member” means a member of the Board;

“mill” means any building or factory used wholly or partly for manufacturing, processing, seasoning or preserving timber;

“packer” means a person who carries on the business of packaging or bundling timber;

“supplier” means a person who supplies timber;

“timber” means any of the products set out in the First Schedule;

“yard” means any area or place used for storing, packaging or bundling timber.

Any person who desires to obtain a licence shall make an application in the prescribed form to the Board for the grant of a licence.

Upon receiving an application under subsection (1), the Board shall consider the application and may grant a licence, with or without conditions, or refuse to grant a licence.

The Board shall refuse to grant a licence if —

The Board may at any time vary or revoke any of the existing conditions of a licence or impose conditions or additional conditions thereto.

The Board shall, prior to taking any action under subsection (4), notify his intention to take such action to the licensee concerned and shall give the licensee an opportunity to submit reasons why the conditions of his licence should not be so varied or revoked.

Where a licence is subject to conditions, the licensee shall comply with those conditions.

No person who is not an incorporated person shall be licensed under this section unless there is in respect of the business a valid certificate of registration of business issued under any written law in force in Singapore relating to the registration of businesses.

Any person who is aggrieved by a decision of the Board under this section may, within one month of being notified of the decision of the Board, appeal against that decision to the Minister whose decision thereon shall be final.

The Board may by order revoke a licence —

The Board shall, before revoking a licence under the provisions of subsection (1), give the person concerned notice in writing of its intention to do so specifying a date, not less than twenty-one days after the date of the notice, upon which such revocation shall take effect and calling upon the person concerned to show cause to the Board why such licence should not be revoked.

When the Board has revoked a licence under the provisions of subsection (1) it shall forthwith inform the person concerned by notice in writing of such revocation.

The person whose licence has been revoked may, within fourteen days of the receipt of the notice referred to in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against such revocation to the Minister whose decision thereon shall be final.

An order of revocation shall not take effect until the expiration of a period of fourteen days after the Board has informed the licensee concerned of the order.

If within that period the licensee concerned gives due notice of appeal to the Minister the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.

Where an order of revocation becomes effective under section 24, the licensee concerned shall cease to export timber or carry on business as an exporter.

The provisions of subsection (1) shall not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation of the licence.

After the expiration of two months from the date of the coming into operation of this section no person, other than an employee of the Board, shall grade or carry on the business of grading timber unless he is registered under this Act as a grader.

Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

After the expiration of two months from the date of the coming into operation of this section, no person shall carry on business as a supplier, packer or manufacturer unless he is registered under this Act as a supplier, packer or manufacturer as the case may be.

Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

The Board shall consist of the following members: —

Where for any reason the Chairman is absent or unable to act or the office of Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred or perform all or any of the duties imposed on the Chairman under this Act.

Each association, body or organisation set out in the first column of the Second Schedule (hereinafter in this Act referred to as a “recognized association”) shall be represented by the number of persons shown opposite its name in the second column of that Schedule and, subject to subsections (1) and (4) of section 6, such persons shall be appointed by the Minister from among persons nominated by the recognized association.

If any recognized association fails to make the nomination referred to in subsection (1) within two months of being requested so to do, the Minister may forthwith appoint a member or members, as the case may be.

A member appointed under this section shall be known as a representative member.

The Minister may at any time, on the recommendation of the Board, amend the Second Schedule.

No name of any association, organisation or body shall be added to or continue to remain in the Second Schedule unless its rules —

If a recognized association makes any amendment to its rules so as to affect the membership thereof, such recognized association shall, within fourteen days of the amendment, lodge a written copy of such amendment with the Board.

Where the Minister amends the Second Schedule under subsection (1), the number of members under paragraph (b) of subsection (1) of section 4 shall be increased or decreased, as the case may be; and if the appointment of a new member or members is required, the appointment shall be made by the Minister.

Every representative member of the Board may, with the approval of the Minister, nominate one alternate member to attend meetings of the Board in place of the member so nominating when that member is temporarily unable to attend owing to illness, absence from Singapore or for any other cause.

An alternate member when attending meetings of the Board under subsection (1) shall for all purposes be deemed to be a member of the Board.

An alternate member nominated under subsection (1) shall, unless he sooner resigns or his nomination is revoked, cease to be an alternate member on the date the member nominating him ceases to be a member of the Board.

The Chairman, the Deputy Chairman and every other member shall, unless their appointment is revoked by the Minister under the provisions of subsection (2) or unless they resign during their period of office, hold office for a term of one year or for such shorter period as the Minister may in any case determine.

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

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

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

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

Decisions at meetings of the Board shall be adopted by a simple majority of the votes of the members present.

In the case of an equality of votes, the Chairman or, in his absence, the Deputy Chairman or the member presiding shall have a casting vote.

The Chairman or, in his absence, the Deputy Chairman shall preside at every meeting of the Board.

Where both the Chairman and the Deputy Chairman are absent at a meeting of the Board such member as the members present may elect shall preside at such meeting.

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

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.

A member 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.

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

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

Upon the coming into operation of this section, such lands, buildings and other property, movable or immovable, powers, rights, interests and privileges, obligations and liabilities vested in, belonging to or incurred by the Timber Export Industry Board established by the Timber Export Industry Board (Incorporation) Act (Cap. 203) (hereinafter in this Act referred to as the “former Board”) shall be transferred to and vest in the Board for the purposes of this Act without further assurance or assignment.

Upon such transfer, all duties, liabilities and obligations in connection with or appertaining to the lands, buildings and other property referred to in subsection (1) shall also be transferred to and be deemed to have been incurred by the Board.

Where in any document, there is a reference to the former Board in connection with or in relation to the performance or exercise of one or more of the functions, duties or powers that are imposed or conferred on the Board by this Act, the document shall have effect as if the Board had originally been referred to therein instead of the former Board.

All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately prior to the date of the coming into operation of this section affecting any property, right, interest, liability and obligation which under and by virtue of this Act is transferred to, vested in or deemed to have been incurred by the Board under this Act, shall have effect against or in favour of the Board, and be enforceable as fully and effectually as if, instead of the former Board or a person acting on behalf thereof, the Board had been named therein or had been a party thereto.

Any proceedings or cause of action pending or existing immediately prior to the date of the coming into operation of this section by or against the former Board in respect of any property, right, power, interest, liability or obligation which under and by virtue of this Act is transferred to, vested in or deemed to have been incurred by the Board may be continued and enforced by or against the Board as it might have been by or against the former Board, had this section not come into operation.

Subject to the provisions of this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its duties and functions under this Act.

The Board may, in addition to the powers vested in it by subsection (1), exercise such other powers as the Minister may authorise the Board in writing to exercise.

The Board shall, when it is exercising powers authorised by the Minister under subsection (2), be deemed to be exercising powers vested in it by subsection (1).

The Minister may, after consultation with the Board or otherwise, give to the Board such directions, not inconsistent with the provisions of this Act, as he deems fit, as to the exercise of the functions of the Board under this Act, and the Board shall give effect to all such directions.

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

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

The Board may, subject to such conditions or restrictions as it may impose, delegate to any such committee or the Chairman or Executive Secretary one or more 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 Executive Secretary, as the case may be, in the name and on behalf of the Board.

The Board may, subject to such conditions or restrictions as it may impose, delegate to any employee thereof one or more of the Board’s powers, 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 stocks, shares, bonds or debentures of a company, 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.

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

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

Without prejudice to the generality of subsection (1), such regulations may —

All regulations made under this section shall be published in the Gazette.

The Board shall, with the approval of the Minister, appoint an Executive Secretary of the Board on such terms and conditions as the Board may think fit.

If the Executive Secretary is temporarily absent from Singapore or incapacitated by illness or for other reasons temporarily unable to perform his duties, another person may be appointed by the Board with the approval of the Minister to act in the place of the Executive Secretary during such period of absence from duty.

The Board may appoint such number of employees on such terms as to remuneration or otherwise as the Board may determine.

The termination of appointment, dismissal and disciplinary control of the employees of the Board shall be vested in the Board.

The Board may make rules, not inconsistent with the provisions of this Act or of any other written law, for the appointment, promotion, dismissal, termination of service, disciplinary control and terms and conditions of service of all persons employed by the Board.

The Board shall establish and administer a fund to be known as “the Timber Industry Board Fund” which shall be controlled and administered by the Board subject to the directions of the Minister.

The Fund shall be used for —

There shall be paid into the Fund all monies —

The Board may, from time to time, subject to the approval of the Minister, invest the Fund or part thereof, not immediately required for meeting or discharging the Board’s obligations or functions, respectively, in such investments or securities as the Board may determine.

The Minister may, after consultation with the Board, make an order for the levy, imposition, payment, collection, remittance or exemption from payment of any cess on the export of timber.

Every order made under subsection (1) shall be published in the Gazette.

The Board shall prepare in respect of each financial year a statement of accounts in a form approved by the Auditor-General or by an auditor appointed by the Board with the approval of the Minister.

The Board shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of the Board, and over the expenditure incurred by the Board.

The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed annually by the Minister in consultation with the Auditor-General.

The Auditor-General or the auditor appointed under subsection (1), as the case may be, is entitled to full and free access to all accounting and other records relating directly or indirectly to the financial transactions of the Board and may make copies of or extracts from any such accounting and other records.

The Board’s auditor or a person authorised by him may require any person to furnish him with such information which such person possesses or has access to as the auditor or duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.

An officer of the Board who refuses or fails without reasonable cause to allow the Board’s auditor access to any accounting and other records of the Board in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the Board’s auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five hundred dollars and in the case of a continuing offence to a further fine not exceeding one hundred dollars for every day or part thereof during which the offence is continued after conviction.

The Board shall, as soon as practicable after the close of each financial year, prepare and submit the financial statements in respect of that year to the Board’s auditor who shall audit and report on them.

The Board’s auditor shall report —

The Board’s auditor shall state in his report whether —

As soon as the accounts and the financial statements of the Board have been audited in accordance with the provisions of this Act, a copy of the audited financial statements signed by the Chairman and certified by the auditor, together with a copy of any report made by the Board’s auditor, shall be submitted to the Minister.

Where the Auditor-General has not been appointed to be the auditor of the Board, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time as they are submitted to the Minister.

A copy of the audited financial statements and of the report of the Board’s auditor shall be presented to Parliament.

The Board shall as soon as practicable after the end of each financial year but not later than four months from the end of that year, unless the Minister otherwise authorises in writing, furnish to the Minister a report of its functions during the preceding financial year.

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

Subject to subsection (3), the Chairman or any officer of the Board so authorised in writing by the Chairman may enter any registered business premises of an exporter or any mill or yard and carry out such inspection and examination as he may consider necessary, and may seize and detain any books, documents or other things found in the premises entered that may furnish evidence of the commission of an offence under this Act or any regulations made thereunder.

A person making an entry under subsection (1) may be accompanied by any other person or persons he deems necessary.

If the Chairman or any officer of the Board authorised under subsection (1) has reason to believe that an offence under this Act or any regulations made thereunder has been committed in respect of any timber found in the course of the inspection and examination under this section, he may prohibit the sale or export of the timber by —

Any person who sells or exports timber in contravention of the prohibition imposed under subsection (3), or in any manner tampers with the seal, mark, packing or prohibitory notice placed, carried out or posted under that subsection shall be guilty of an offence under this Act.

The Court before which a prosecution is held for an offence committed in respect of timber which has been subjected to a prohibitory notice under section 44 may, if it is satisfied that an offence has been committed in respect of the timber and notwithstanding that no person may have been convicted thereof, order the forfeiture or destruction of the timber, as to the Court seems just.

Any timber that has been forfeited under subsection (1) shall be sold by the Board and the proceeds of the sale thereof shall be paid into the Consolidated Fund, less any sum that may be certified by the Chairman as having been incurred by the Board in effecting the prohibition under section 44 and in carrying out the sale under this section.

If the Court does not make an order under subsection (1) or if no prosecution has been initiated in respect of any timber that has been subjected to prohibition under section 44 within two months of the imposition of the prohibition, the prohibition shall be deemed to have been lifted.

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.

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 the Executive Secretary and shall be countersigned by the Chairman or the Deputy Chairman or other member duly authorised in writing by the Board for that purpose, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that the same is the lawful seal of the Board.

The Board may by resolution or otherwise in writing appoint an officer of the Board or any other agent either generally or in a particular case to execute or sign on behalf of the Board an agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.

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