Statute Details
- Title: Co-operative Societies (Modification of section 66(1) in respect of NTUC Eldercare Co-operative Limited) Order 1998
- Act Code: CSA1979-S426-1998
- Legislation Type: Subsidiary Legislation (Order)
- Authorising Act: Co-operative Societies Act (Cap. 62)
- Authorising Power: Section 97 of the Co-operative Societies Act
- Key Provision Modified: Section 66(1)(g) of the Co-operative Societies Act
- Subject of Modification: NTUC Eldercare Co-operative Limited
- Enacting Formula / Minister: Minister for Community Development
- Citation: S 426/1998
- Deemed Commencement: 4 August 1998
- Date Made: 11 August 1998
- Current Status (as provided): Current version as at 27 Mar 2026
What Is This Legislation About?
The Co-operative Societies (Modification of section 66(1) in respect of NTUC Eldercare Co-operative Limited) Order 1998 is a targeted legislative instrument. It does not create a new regulatory regime from scratch; instead, it modifies how a specific statutory provision in the Co-operative Societies Act applies to one particular co-operative society: NTUC Eldercare Co-operative Limited.
In plain terms, the Order addresses a practical governance and funding issue. Section 66(1)(g) of the Co-operative Societies Act sets out requirements relating to the raising of funds for certain purposes within a co-operative society. The 1998 Order modifies that provision so that, for NTUC Eldercare Co-operative Limited, the society’s building fund may be raised by donations from its members.
This kind of “modification order” is common where Parliament (through the enabling power in the parent Act) authorises the Minister to tailor statutory requirements to the circumstances of a particular co-operative. The legal effect is that NTUC Eldercare Co-operative Limited enjoys a specific flexibility that would not automatically apply under the unmodified wording of section 66(1)(g).
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the Order and its effective date. The Order may be cited as the “Co-operative Societies (Modification of section 66(1) in respect of NTUC Eldercare Co-operative Limited) Order 1998”. Importantly, it states that the Order “shall be deemed to have come into operation on 4th August 1998.”
From a practitioner’s perspective, the “deemed” commencement date matters. It can affect the legality of actions taken between 4 August 1998 and the date the Order was made (11 August 1998). If the society relied on the modified power during that window, the deemed commencement helps validate that reliance by ensuring the modification is treated as effective from 4 August 1998.
Section 2 (Modification of section 66(1)(g) of Act to donations) is the substantive provision. It states that section 66(1)(g) of the Co-operative Societies Act shall, in its application to NTUC Eldercare Co-operative Limited, be modified “to the extent that the building fund of NTUC Eldercare Co-operative Limited may be raised by donations from its members.”
This is a narrow modification with a clear legal consequence: it authorises (for this society) member donations as a permissible source for the building fund. While the extract does not reproduce the full text of section 66(1)(g), the wording of the modification indicates that, under the unmodified Act, the building fund may have been limited to other sources (for example, subscriptions, levies, or other forms of co-operative funding) and did not clearly permit raising the building fund through member donations. The Order resolves that by expressly allowing donations from members.
Scope of the modification (“to the extent”) is also legally significant. The Order does not broadly liberalise all funding or all purposes. It modifies section 66(1)(g) only “to the extent” necessary to permit donations from members for the building fund. This suggests that other restrictions or conditions in section 66(1)(g) remain intact, except insofar as they would prevent member donations from being used for the building fund.
Practical compliance implication: for NTUC Eldercare Co-operative Limited, the society’s internal governance documents, accounting treatment, and member communication should align with the modified statutory basis. Donations from members should be properly characterised and recorded as part of the building fund, and the society should be able to demonstrate that the donations are indeed “from its members” (not from non-members or third parties) and that they are applied to the building fund as contemplated by the Act and the society’s constitution.
How Is This Legislation Structured?
The Order is structured in a simple, two-section format:
Section 1 deals with citation and commencement. It identifies the instrument and sets the effective date using a “deemed” commencement mechanism.
Section 2 contains the operative modification. It specifies the parent provision being modified (section 66(1)(g) of the Co-operative Societies Act) and the extent of the modification (allowing the building fund to be raised by donations from members) for the named co-operative society.
There are no additional parts, schedules, or complex procedural requirements in the extract. The legal architecture is therefore straightforward: a single targeted amendment to a single statutory provision for a single society.
Who Does This Legislation Apply To?
This Order applies specifically to NTUC Eldercare Co-operative Limited. The modification is not general; it is not a blanket change to all co-operative societies under the Co-operative Societies Act. The language in section 2 is explicit that the modification applies “in its application to” NTUC Eldercare Co-operative Limited.
Accordingly, other co-operative societies cannot rely on this Order as authority to raise their building funds by member donations unless they have their own specific statutory modification or unless the unmodified section 66(1)(g) already permits donations under its general terms. For practitioners, this is a key interpretive point: the Order is a bespoke legislative instrument, and its benefits are confined to the named society.
Why Is This Legislation Important?
Although the Order is brief, it is legally meaningful because it alters the statutory funding mechanics for a co-operative society’s building fund. Building funds are often central to long-term capital planning—particularly for co-operatives involved in community services, housing-related initiatives, or facilities that require significant capital expenditure. Allowing member donations can expand the society’s fundraising toolkit and may improve the feasibility of capital projects.
From an enforcement and compliance standpoint, the Order reduces legal uncertainty. Without the modification, a society might face questions about whether donations fall within the permitted sources of funds under section 66(1)(g). By expressly modifying the provision, the Order provides a clear statutory basis for the society’s fundraising approach, which is important for audits, regulatory scrutiny, and governance accountability.
Finally, the deemed commencement date supports legal continuity. Where fundraising or financial arrangements may have commenced around the time of the Order, the deemed operation from 4 August 1998 helps ensure that the society’s actions are treated as authorised from that earlier date. This can be crucial in resolving disputes about the legality of contributions, the classification of funds, or the validity of financial decisions taken in the interim period.
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular, section 66(1)(g) (modified by this Order) and section 97 (the enabling power for the Minister to make modification orders).
- Co-operative Societies Act — legislation timeline (for version control and to confirm the operative text of section 66(1)(g) at the relevant time).
Source Documents
This article provides an overview of the Co-operative Societies (Modification of section 66(1) in respect of NTUC Eldercare Co-operative Limited) Order 1998 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.