DESTITUTE PERSONS ACT
CHAPTER 78
(Original Enactment: Act 8 of 1989)
REVISED EDITION 2013
(31st December 2013)
An Act to provide for the care and rehabilitation of destitute
persons and to provide for matters connected therewith.
[1st May 1989]
Short title
1. This Act may be cited as the Destitute Persons Act.
Interpretation
2.—(1) In this Act, unless the context otherwise requires
—
“destitute person” means —
(a) any person found begging in a public place in such a way as
to cause or be likely to cause annoyance to persons frequenting the
place or otherwise to create a nuisance; or
(b) any idle person found in a public place, whether or not he
is begging, who has no visible means of subsistence or place of
residence or is unable to give a satisfactory account of
himself;
“Director” means the Director of Social Welfare appointed under
section 3(1) of the Children and Young Persons Act – Cap. 38 and
includes any person who is authorised by him to perform any of the
duties or exercise any of the powers of the Director under this
Act or any rules made thereunder;
“public place” includes any place to which the public is
admitted without payment or on payment;
“superintendent” means a person having the management or control
of any welfare home established under the provisions of, and for
the purposes of, this Act;
“welfare home” means any institution or part thereof for the
reception, care and rehabilitation of destitute persons established
under the provisions of, and for the purposes of, this Act.
[20/2001]
(2) For the purposes of this Act, a person shall be deemed to be
begging if his conduct is calculated to induce the giving of alms,
whether or not there is any pretence of singing, playing,
performing, offering anything for sale or otherwise.
Power to require destitute person to reside in welfare home
3.—(1) Any public officer acting under the direction of the
Director or any police officer may take in his charge any destitute
person and deliver him to the custody of the Director.
(2) If the Director has reasonable cause to believe that any
person so delivered into his custody has no visible means of
subsistence, he may arrange for that person to be temporarily
admitted into a welfare home until an inquiry has been held by
him.
(3) Every such inquiry shall be completed within a period of 30
days from the date of that person’s admission into a welfare home
or such further period, not exceeding 30 days, as the Minister may
approve.
(4) If after holding such inquiry the Director is satisfied that
that person is a destitute person within the meaning of this Act,
he may by warrant under his hand require that person to reside in a
welfare home.
Penalty for begging
4.—(1) Any person being a habitual beggar found begging in a
public place in such a way as to cause or be likely to cause
annoyance to persons frequenting the place or otherwise to create a
nuisance shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $3,000 or to imprisonment for a
term not exceeding 2 years.
(2) In this section, “habitual beggar” means a person who on at
least 2 previous occasions was found begging in a public place in
such a way as to cause or be likely to cause annoyance to persons
frequenting the place or otherwise to create a nuisance and was in
consequence thereof required on those 2 occasions to reside in a
welfare home.
Voluntary admission into welfare home
5. Any destitute person who voluntarily seeks admission into a
welfare home shall be required to undertake that, if admitted, he
will abide by the conditions of admission imposed under this Act or
any rules made thereunder.
Taking of finger impressions and photographs
6.—(1) The Director may authorise the taking of finger
impressions and photographs of any destitute person residing in a
welfare home.
(2) Subject to subsection (3), after the expiry of 2 years from
the date of discharge of a destitute person from a welfare home,
the Director shall, on the application from that person, deliver to
him the sheet upon which his finger impressions have been made
together with the negatives and copies of the photographs taken of
him, and if no such application is received after that period of 2
years and before the expiry of 3 years from the date of discharge,
those records shall be destroyed.
(3) The Director may retain 3 copies of the photographs taken of
the destitute person for maintaining a register of destitute
persons admitted to and discharged from welfare homes.
Minister may establish welfare homes
7.—(1) The Minister may, by notification in the Gazette,
establish welfare homes at such places within Singapore as he
thinks proper for the reception, care and rehabilitation of
destitute persons in accordance with the provisions of this
Act.
(2) The Minister may appoint superintendents and other officers
for the management of such welfare homes.
(3) Every superintendent or officer shall be deemed to be a
public servant within the meaning of the Penal Code (Cap.
224).
Board of Visitors
8.—(1) The Minister may, by notification in the Gazette, appoint
a Board of Visitors to advise and make recommendations to the
Director on all matters pertaining to the welfare of the residents
and such other matters as the Minister may refer to the Board.
(2) A Board of Visitors may be appointed for one or more welfare
homes as the Minister thinks fit.
Rules for management of welfare homes
9. The Minister may make rules —
(a) for prescribing the constitution and functions of the Board
of Visitors;
(b) for regulating the management of welfare homes and the
admission of persons to welfare homes;
(c) for the care, control and rehabilitation of persons residing
in welfare homes;
(d) for prescribing the forms to be used for the purposes of
this Act; and
(e) generally for carrying out the purposes of this Act.
Review Committee
10.—(1) The Minister may, by notification in the Gazette,
appoint a Review Committee which shall review the case of every
resident at intervals of not more than 12 months to assess his
suitability for discharge from the welfare home.
(2) A Review Committee may be appointed for one or more welfare
homes as the Minister thinks fit.
(3) The Review Committee shall have power to recommend to the
Director that any resident may be discharged from a welfare home
either conditionally or unconditionally.
Discharge from welfare homes
11. Any person admitted to a welfare home, either on his own
application or otherwise, may be discharged by the Director either
conditionally or unconditionally on the advice of the Review
Committee.
Discharge to care of relative or other person
12.—(1) Whenever any relative or friend of a destitute person
who, in the opinion of the Director is willing and able to provide
care and support for the destitute person, desires that the
destitute person be discharged from a welfare home to his care and
support, the Director shall, upon the application of the relative
or friend and on his giving security to the satisfaction of the
Director that the destitute person will be properly taken care of
and that he will ensure that destitute person’s compliance with any
condition of discharge from the welfare home, order that destitute
person to be discharged to the care of the relative or friend.
(2) Where for any reason the care and support of the relative or
friend for the destitute person ceases, the relative or friend
shall inform the Director in writing within 24 hours of the
cessation of such care and support.
(3) Any person who, having undertaken the care and support of a
person discharged from a welfare home, fails to inform the Director
in writing within 24 hours of his ceasing to care and support for
such discharged person shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $500 or to
imprisonment for a term not exceeding 2 months.
Persons in welfare home may be required to work
13.—(1) Any person residing in a welfare home may be required to
engage in any suitable work for which the medical officer of the
home certifies him to be capable of, either with a view to fitting
him for an employment outside the welfare home or with a view to
contributing to his maintenance in the welfare home.
(2) Any person residing in a welfare home who attends work
outside the welfare home shall be deemed, while engaged in such
employment, to be a resident of the welfare home.
Persons in welfare home may be sent to hospital
14. Any person residing in a welfare home may, if so directed by
the medical officer of the home, be sent to a hospital or other
medical institution for treatment, and shall be deemed, while
receiving such treatment, to be a resident of the welfare
home.
Director may transfer persons in welfare homes
15. Any person residing in a welfare home may, if so directed by
the Director, be removed from that welfare home and admitted to
another welfare home.
Penalty for escape from lawful custody of welfare home
16. Any person who —
(a) escapes from the police while committed to the charge of the
police under this Act;
(b) without permission of the superintendent, leaves a welfare
home in which the person is required to reside in accordance with
section 3 or to which the person has been admitted on his own
application under section 5; or
(c) having obtained the permission of the superintendent left a
welfare home for a limited time or for a specified purpose, fails
to return at the expiration of such time or when such purpose has
been accomplished or found to be impracticable,
shall be guilty of an offence and shall be liable on conviction to
imprisonment for a term not exceeding 6 months.
Penalty for behaving in disorderly manner
17. Any person residing in a welfare home who —
(a) takes part in any assault or attack on any officer of the
welfare home;
(b) aggravates or repeatedly assaults any other person residing
in the welfare home; or
(c) wilfully destroys any property of the welfare home,
shall be guilty of an offence and shall be liable on conviction to
a fine not exceeding $3,000 or to imprisonment for a term not
exceeding 2 years.
Arrest of escaped destitute person
18. Any person who is reasonably suspected of having committed
an offence under section 16 or 17 and who refuses or fails to
accompany a police officer to, or to appear before, a Magistrate’s
Court when required to do so for the purposes of this Act may be
arrested without a warrant.
Return to welfare home after serving sentence
19. A person who has completed serving a sentence imposed on him
under section 16 or
17 shall be returned to a welfare home, and the Director shall
have the power to take that person into custody for this purpose
after he has served his sentence.
Discharge
20. The Minister may at any time order any person admitted to a
welfare home to be discharged.
http://statutes.agc.gov.sg/
