Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 3) Order 2010
- Act Code: CSA1979-S367-2010
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Cap. 62)
- Enacting Authority: Minister for Community Development, Youth and Sports
- Commencement: 2 July 2010
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
- Current Status (as provided): Current version as at 27 Mar 2026
- Related Legislation: Co-operative Societies Act (Cap. 62), in particular section 59(1)(a) and section 97
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 3) Order 2010 is a Singapore subsidiary legislation made under the Co-operative Societies Act (the “Act”). In plain terms, it creates a targeted exemption for certain co-operative societies from a specific statutory governance requirement: the way key office-bearers (chairman, secretary and treasurer) must be selected.
Under the general rule in section 59(1)(a) of the Act, the chairman, secretary and treasurer are required to be elected by the members of the committee of management from among themselves, or by the members of the society at a general meeting. This is a member-driven model of governance: the leadership of the society is selected through election processes involving the committee and/or the general membership.
This Order modifies that position for a limited set of societies. It exempts named societies from the election requirement, allowing them to appoint those office-bearers through a different mechanism—specifically, appointment by the president or the board of trustees (as applicable), provided that this is reflected in the society’s by-laws. The Order therefore addresses governance arrangements that may be more suitable for particular institutional or organisational structures.
What Are the Key Provisions?
Section 1: Citation and commencement confirms the formal identity of the instrument and when it takes effect. The Order may be cited as the “Co-operative Societies (Exemption under Section 97) (No. 3) Order 2010” and comes into operation on 2 July 2010. For practitioners, this matters when assessing whether governance decisions (such as appointments or elections) were made under the applicable legal regime.
Section 2(1): The exemption from the election requirement is the core operative provision. It states that, subject to sub-paragraph (2), the following societies are exempted from the requirement in section 59(1)(a) of the Act that the chairman, secretary and treasurer are to be elected by the members of the committee of management from among themselves or by the members of the society at a general meeting:
- Singapore Police Co-operative Society Limited
- Phoenix Co-operative Society Limited
- Singapore Prison Service Multi-Purpose Co-operative Society Limited
- Industrial and Services Co-operative Society Limited
In practical terms, these societies do not have to comply with the “election by committee members or by general meeting” pathway for the specified office-bearers. The exemption is not a general waiver of all governance rules; it is confined to the particular requirement in section 59(1)(a) relating to election of the chairman, secretary and treasurer.
Section 2(2): By-law requirement and the appointment mechanism provides the condition that preserves legal safeguards. The exempted societies must provide in their by-laws for the appointment of the chairman, secretary and treasurer by the president or the board of trustees of the society, as the case may be.
This is an important compliance point. Even though the societies are exempt from elections, they must still ensure that their internal constitutional documents (by-laws) clearly set out the appointment process and the appointing authority. For lawyers advising these societies, the by-laws are therefore not optional housekeeping; they are the legal bridge that converts the statutory exemption into a lawful governance practice.
Scope and drafting implications: The Order’s language indicates that the exemption is “subject to” the by-law requirement. If a society fails to amend or maintain by-laws that provide for appointment by the president or board of trustees, it risks falling outside the exemption and thereby being exposed to non-compliance with section 59(1)(a). In disputes, regulators or members may examine whether the society’s by-laws actually implement the appointment mechanism contemplated by the Order.
How Is This Legislation Structured?
This Order is structured in a concise, two-section format typical of targeted exemptions:
Section 1 deals with citation and commencement, establishing the instrument’s name and effective date.
Section 2 contains the substantive exemption. It is divided into:
- Section 2(1): identifies the named societies and exempts them from the election requirement in section 59(1)(a) of the Act; and
- Section 2(2): imposes the condition that the societies must include appointment provisions in their by-laws, specifying appointment by the president or board of trustees.
There are no additional parts, schedules, or complex procedural steps in the extract provided. The instrument is therefore best understood as a narrow legislative adjustment to the Act’s governance rule for specific entities.
Who Does This Legislation Apply To?
The Order applies only to the four named co-operative societies listed in section 2(1). It does not create a general exemption for all co-operative societies, nor does it allow other societies to opt into the exemption without being specifically named.
Accordingly, the exemption is entity-specific. For practitioners, this means the first legal question is always factual and documentary: Is the client society one of the named societies? If not, the default election requirement in section 59(1)(a) remains applicable.
For the named societies, the Order applies to the chairman, secretary and treasurer selection process. It does not necessarily affect other committee positions or other governance requirements under the Act. The exemption is also conditional: the society must ensure its by-laws provide for appointment by the president or board of trustees (as applicable).
Why Is This Legislation Important?
This Order is significant because it demonstrates how Singapore’s co-operative governance framework can be tailored through ministerial exemption powers. The Act’s baseline approach promotes democratic selection through elections. However, the legislature has recognised that some societies—particularly those linked to institutional structures—may require different leadership appointment arrangements to ensure continuity, administrative alignment, or organisational governance models.
From an enforcement and compliance perspective, the Order is equally important because it creates a conditional legal pathway. The exemption is not “free-standing”; it is tied to by-law amendments. In practice, this means that corporate secretarial and legal teams must treat by-law review as a core compliance task. If by-laws are outdated, inconsistent, or silent on the appointment mechanism, the society may be unable to rely on the exemption.
For members and stakeholders, the Order also has governance implications. An appointment model may change how accountability and representation are perceived compared with election-based selection. While the Order does not remove oversight entirely, it shifts the selection power away from member elections and towards internal appointing authorities (president or board of trustees). Lawyers advising on governance disputes, internal constitutional amendments, or challenges to office-holder legitimacy should therefore focus on (i) whether the society is within the named list and (ii) whether the by-laws validly implement the appointment mechanism required by section 2(2).
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular:
- Section 59(1)(a) (general election requirement for chairman, secretary and treasurer)
- Section 97 (ministerial power to make exemptions)
- Co-operative Societies (Exemption under Section 97) (No. 3) Order 2010 — this instrument
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 3) Order 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.