Symbol of Institute
35.—(1) The Institute has the exclusive right to the use of such symbol, design or representation as it may select or devise in connection with its activities or affairs.
(2) Any person or body corporate who uses a symbol, design or representation identical with that of the Institute or which so resembles the symbol, design or representation of the Institute as to deceive or cause confusion or to be likely to deceive or cause confusion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Titles of certificates issued by Institute
36.—(1) The Institute has the exclusive right in the form and presentation of its titles of certificates or other qualifications issued by the Institute to any person who attains the standard set by the Institute.
(2) Any person who issues or uses, or causes or permits the use of, titles of certificates or other qualifications identical with those of the Institute shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Compulsory insurance
37. The Institute may require any person who attends any course or avails himself or herself of any facility provided or approved by the Institute under this Act to be insured against personal injuries and loss of life.
Accidents happening to employees during training provided or approved by Institute
38.—(1) In relation to accidents happening to employees (within the meaning given by the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act) who attend courses or avail themselves of the facilities provided or approved by the Institute, that Act has effect subject to subsection (2).[5/2008; 27/2019]
(2) For the purposes of the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act, any act done by an employee for the purposes of and in connection with his or her training referred to in subsection (1) is, if it is not done for the purposes of and in connection with his or her employer’s trade or business, deemed to be so done. [5/2008; 27/2019]
Power to obtain information from employers
39.—(1) The Chief Executive Officer may require employers in commerce or industry to furnish such returns and other information and to keep such records and produce them for examination as appear to the Chief Executive Officer to be necessary for the purposes of this Act.
(2) Subject to subsection (3), returns and other information furnished pursuant to subsection (1) and any information obtained on an examination made pursuant to subsection (1) must not, without the consent of the employer to whose business the returns or information relate, be disclosed otherwise than to —(a)
the Institute or a committee appointed by the Institute;
(b)
an officer of the Institute or of the committee; or
(c)
any person entitled to take part in the proceedings of the Institute.
(3) Subsection (2) does not apply to —(a)
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; or
(b)
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 those proceedings.
(4) A certificate purporting to be issued by or on behalf of the Chief Executive Officer and stating that he or she has approved any kind of information, return or record for the purposes of subsection (2) is, in any legal proceedings, evidence of the facts stated in the certificate.
(5) Any person who fails to comply with any requirement made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.
(6) Any person who —(a)
knowingly or recklessly furnishes, pursuant to any requirement made under subsection (1), 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) or, with intent to deceive, makes use of any such entry which the person knows to be false; or
(c)
discloses any information in contravention of subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Obstructing officers of Institute
40. Any person who obstructs or hinders any officer, employee or agent of the Institute acting in the discharge of his or her duty under this Act or any regulations made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Proceedings conducted by employees of Institute
41. Proceedings in respect of any offence under this Act or any regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by an employee of the Institute.[15/2010]
Consent of Public Prosecutor
42. No prosecution in respect of any offence under this Act or any regulations made under this Act may be instituted except by or with the consent of the Public Prosecutor.[15/2010]
Offence by body corporate
43. Where an offence under this Act or any regulations made under this Act 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 or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Regulations
44.—(1) The Institute may, with the approval of the Minister, make any regulations necessary for carrying into effect the provisions of this Act.
(2) Without limiting subsection (1), the Institute may make regulations for all or any of the following matters:(a)
the collection of fees, rates or charges and the award of scholarships and other financial assistance to persons attending training and education in technical skills;
(b)
the registration of apprentices and the conduct and supervision and regulation of apprenticeship programmes and schemes;
(c)
the appointment, promotion, conduct, disciplinary control, dismissal and termination of service of employees of the Institute.[24/2016]
Transitional provisions
45.—(1) Any document or thing done under any provision of the repealed Vocational and Industrial Training Board Act (Cap. 345, 1985 Revised Edition), and every such document or thing so far as it is subsisting or in force on 1 April 1992 continues and has effect as if it had been made or done under the corresponding provisions of this Act.
(2) As from 1 April 1992, all references in any written law to the Vocational and Industrial Training Board are references to the Institute of Technical Education, Singapore.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
