Statute Details
- Title: Co-operative Societies (Modification under Section 97) (No. 2) Order 2015
- Act Code: CSA1979-S207-2015
- Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Chapter 62)
- Legal Basis: Powers under section 97 of the Co-operative Societies Act
- Enacting Date / Made On: 8 April 2015
- Commencement: 14 April 2015
- Current Status: Current version as at 27 March 2026
- Key Provisions:
- Section 1: Citation and commencement
- Section 2: Modification of section 39(1)(a) of the Co-operative Societies Act for a specified society
What Is This Legislation About?
The Co-operative Societies (Modification under Section 97) (No. 2) Order 2015 is a targeted legal instrument. Rather than creating a new regulatory regime, it makes a narrow “modification” to an existing provision in the Co-operative Societies Act. In practical terms, it adjusts the membership eligibility rules for one specific co-operative society: the Industrial and Services Co-operative Society Limited.
At the heart of the Order is a question of who may be admitted as a member. The general rule under the Co-operative Societies Act restricts membership where a person is (i) a bankrupt or (ii) a person against whom a conviction stands for an offence punishable with imprisonment. This Order modifies that rule for the specified society, allowing membership admission even if the prospective member falls within those categories.
Because the Order is made under section 97 of the Co-operative Societies Act, it reflects the legislative design that certain societies may be subject to tailored rules—typically where the Minister considers that a modification is appropriate for the society’s circumstances. For practitioners, this means the Order should be read alongside the parent Act: it does not replace the Act, but it carves out a specific exception for a specific society.
What Are the Key Provisions?
Section 1 (Citation and commencement) is straightforward. It provides the formal name of the Order and states that it comes into operation on 14 April 2015. For compliance and legal effect, the commencement date matters because the modification only applies from that date onward.
Section 2 (Modification of section 39(1)(a) of Act) is the operative provision. The Order states that section 39(1)(a) of the Co-operative Societies Act, as it applies to the Industrial and Services Co-operative Society Limited, is modified to the extent that a person may be admitted to membership whether or not that person is:
(a) a bankrupt; or
(b) a person against whom a conviction stands for an offence punishable with imprisonment.
In other words, the usual statutory disqualifications tied to bankruptcy and certain criminal convictions are not applied (at least for the purpose of admission to membership) in the case of this particular society. The modification is expressly limited to admission to membership, not necessarily to other membership-related consequences (such as removal, suspension, or other governance matters) that may be governed by other provisions of the Act or the society’s rules. Practitioners should therefore avoid over-reading the Order as a blanket waiver of all eligibility restrictions.
Scope and precision of the modification. The Order uses careful legal drafting: it modifies the Act “in its application to” the specified society. This indicates that the modification is not general and does not automatically extend to other co-operative societies. It is also “to the extent that” the person may be admitted whether or not they are bankrupt or convicted. That phrasing suggests the modification is confined to the specific disqualifying conditions listed, and only for the admission stage.
Interaction with section 39(1)(a). While the extract does not reproduce the full text of section 39(1)(a), the Order makes clear that section 39(1)(a) contains a restriction that ordinarily prevents admission to membership where the prospective member is a bankrupt or has a standing conviction for an imprisonable offence. Section 2 overrides that restriction for the specified society. A lawyer advising the society should therefore treat the statutory eligibility rule as modified for this society, and ensure that membership admission procedures reflect the modified legal position.
How Is This Legislation Structured?
This Order is structured as a short subsidiary instrument with two sections:
Section 1 provides the citation and commencement date. It is a standard legislative “front-end” provision that identifies the instrument and when it takes effect.
Section 2 is the substantive provision. It identifies the specific provision being modified—section 39(1)(a)—and specifies the extent and the beneficiary of the modification—the Industrial and Services Co-operative Society Limited. The Order does not contain additional parts, schedules, or procedural rules in the extract provided; its effect is achieved entirely through the targeted modification.
Who Does This Legislation Apply To?
The Order applies to the Industrial and Services Co-operative Society Limited in relation to the operation of section 39(1)(a) of the Co-operative Societies Act. That means the society’s membership admission decisions must be assessed against the modified rule: it may admit a person to membership even if the person is a bankrupt or has a standing conviction for an offence punishable with imprisonment.
For other co-operative societies, the Order generally does not apply. Unless another modification order exists for a different society, those societies remain subject to the unmodified statutory restrictions in section 39(1)(a). Practitioners should therefore confirm whether a society is named in any relevant modification orders before advising on eligibility.
Why Is This Legislation Important?
Although the Order is brief, it can have significant practical consequences for co-operative governance and membership administration. Membership eligibility rules affect not only who can join, but also the society’s compliance posture, internal governance decisions, and potential disputes. If a society admits a member without considering the statutory restrictions, it risks legal challenge or regulatory concern. Conversely, if a society refuses admission where the law has been modified, it may face complaints from prospective members or internal governance issues.
This Order is particularly important because it addresses two categories that often trigger legal and reputational concerns: bankruptcy and criminal convictions (for offences punishable with imprisonment). By allowing admission notwithstanding these statuses, the Order signals that—at least for this society—the policy balance has shifted from strict exclusion to a more permissive approach for membership admission.
From an enforcement and compliance perspective, the modification should be treated as a legal exception embedded in the statutory framework. The society should ensure that its membership admission processes, records, and resolutions are aligned with the modified eligibility rule. Lawyers advising the society should also consider whether other provisions of the Co-operative Societies Act (or the society’s own rules) impose separate requirements for membership continuance, disciplinary action, or office-holding—issues that are not necessarily addressed by this Order.
Finally, the Order illustrates how Singapore’s co-operative law can be adapted through subsidiary legislation. For practitioners, this is a reminder to check not only the parent Act but also any modification orders made under section 97. Such orders can materially alter the legal position for specific societies.
Related Legislation
- Co-operative Societies Act (Chapter 62) — in particular section 39(1)(a) (membership eligibility) and section 97 (power to modify)
- Co-operative Societies (Modification under Section 97) (No. 2) Order 2015 — this instrument (SL 207/2015)
Source Documents
This article provides an overview of the Co-operative Societies (Modification under Section 97) (No. 2) Order 2015 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.