Public Collections ACT, 1961 Act 59 (Revised Edition)

ACT 59
Public Collections Act, 1961
ACT 59
PUBLIC COLLECTIONS ACT, 1961
ARRANGEMENT OF SECTIONS
SECTION
1. Public appeals for donations in money or in kind restricted. 2. Application to collections begun before the commencement of this Act. 3. Exemptions. 4. Registration of public collections. 5. Method, effect and duration of registration. 6. Power of the registration authority to call for books of account. 7. Collectors. 8. Proceeds of collection considered to be received for stated objects. 9. Offences and penalties. 10. Legal proceedings. 11. Regulations. 12. interpretation. 13. Repeal. 14. Commencement. ACT 59
PUBLIC COLLECTIONS ACT, 19611
AN ACT to consolidate the law relating to public collections of money or in land,
and to provide for related matters. 1. Public appeals for donations in money or in kind restricted
(1) Subject to this Act it is unlawful to make an appeal to the public or a part or class
of it for donations in money or in kind for an object, except where registration of the pub
lic collection has been effected in accordance with this Act.

it for donations in money or in kind for an object, except where registration of the pub
lic collection has been effected in accordance with this Act.

(2) A payment of money in exchange for a token or an article of token value only, or
for an article or benefit the value of which is substantially less than the value of the pay
ment shall be deemed to be a donation for the purposes of this section. (3) Where an appeal for donations to be applied to a particular object is made to five
or more members of the public, the burden of proving, in any criminal or civil proceed
ings taken in relation to the appeal, that it was not an appeal to the public within the
meaning of this section shall be on the defendant in the proceedings. 1. The Act was assented toon 29th May, 1961 and came into force on 1st July, 1961. VI - 4201 [issue 1]

n shall be on the defendant in the proceedings. 1. The Act was assented toon 29th May, 1961 and came into force on 1st July, 1961. VI - 4201 [issue 1]

ACT 59
Public Collections Act, 1961
2. Application to collections begun before the commencement of this Act
An appeal for donations made before the commencement of this Act which would, if
made after the commencement of this Act, be subject to this Act shall, if donations con
tinue to be solicited or made after the commencement of this Act, be considered as a pub
lic collection to which of this Act applies. 3.

donations con
tinue to be solicited or made after the commencement of this Act, be considered as a pub
lic collection to which of this Act applies. 3.

Exemptions
This Act does not apply to
(a) a collection made at divine service in a place of public worship for charita
ble, benevolent or philanthropic purposes;
(b) requests made by or on behalf of the committee of any club, association or
trade union to members of a sub-club, association or union for subscriptions;
(c) collections of a purely parochial character made in good faith for the bene
fit of a local church, school, sports club or charity, or a project in the inter
ests of local public welfare;
(d) collections made in good faith among a limited class of persons for the
purpose of making a presentation to a person on a special occasion;
(e) collections in respect of customary ceremonial rites; or
(f) a person or class of person exempted by order of the Minister in relation to
a collection for an object specified in the order. 4. Registration of public collections
(1) A person who desires to promote a public collection shall make an application for
registration in the prescribed form to the registration authority for the area within which
the collection is to be made.

hall make an application for
registration in the prescribed form to the registration authority for the area within which
the collection is to be made.

(2) The application shall, in addition to any other particulars that may be prescribed,
contain a full and accurate statement of the objects to which the proceeds of the collec
tion are to be applied. (3) The registration authorities for each Region shall be the persons that the Minister
may appoint.

he proceeds of the collec
tion are to be applied. (3) The registration authorities for each Region shall be the persons that the Minister
may appoint.

(4) The registration authority shall not refuse registration, or, where registration has
been effected, shall not revoke it, unless it appears that
(a) any of the stated objects is or are illegal;
(b) the applicant or the promoter is not a qualified person to be registered by
reason of the fact that the applicant or promoter has been convicted of an
offence, the conviction for which necessarily involved a finding that the
applicant or promoter acted fraudulently or dishonestly;
(c) the applicant or the promoter, in promoting a public collection, has failed to
exercise due diligence to secure that collectors who authorised the appli
cant or promoter to assist in making the collection, are the applicant or pro
moter persons, to secure compliance on the part of collectors with the pro
visions of this Act or to prevent certificates of authority being obtained by
persons other than duly authorised collectors;
(d) the applicant or the promoter has been convicted of an offence against a
provision of this Act; or
[Issue 1] VI - 4202

duly authorised collectors;
(d) the applicant or the promoter has been convicted of an offence against a
provision of this Act; or
[Issue 1] VI - 4202

ACT 59
Public Collections Act, 1961
(e) remuneration which is excessive in proportion to the total amount likely to
be collected is to be or has been retained or received out of the proceeds of
the collection by a person. (4) Where the registration authority refuses registration, or if the registration author
ity revokes registration, the registration authority shall immediately give written notice to
the applicant or promoter, stating the grounds on which registration has been refused or
revoked, and informing the applicant or promoter of the right of appeal given by this sec
tion, and the applicant or promoter may appeal by petition to the Minister against the re
fusal or revocation of registration.2
(5) The appeal shall be brought within twenty-one days from the date on which no
tice is given under subsection (4). (6) Where the Minister decides that the appeal should be allowed, the registration au
thority shall immediately with effect, allow the registration or cancel the revocation, in
accordance with the decision of the Minister. 5.

tration au
thority shall immediately with effect, allow the registration or cancel the revocation, in
accordance with the decision of the Minister. 5.

Method, effect and duration of registration
(1) Except where registration is refused under section 4, the registration authority
shall cause the prescribed particulars, which shall include the stated objects, to be entered
in the register, and the promoter may then make a public collection for the stated objects
within the area in which registration has been effected. (2) A registration effected under this section, shall, unless revoked, remain in force
until the 31st day of December in the year in which it is effected. 6. Power of the registration authority to call for books of account
The registration authority may, by notice in writing, call on the promoter of a public
collection to pioduce, to the person named and at the time and place specified in the no
tice, the books of account and any other documents relating to the collection for examina
tion or audit. 7. Collectors
(1) A promoter may authorise a number of qualified persons to assist the promoter in
making a public collection for the stated objects.

7. Collectors
(1) A promoter may authorise a number of qualified persons to assist the promoter in
making a public collection for the stated objects.

(2) Each collector shall be supplied by the promoter with a certificate of authority
which shall specify fully and accurately the stated objects of the collection, and a collec
tor shall produce the certificate of authority on demand to a police officer in uniform or to
a person to whom the promoter has made an appeal for a donation. 8. Proceeds of collection considered to be received for stated objects
(1) The proceeds of a public collection shall, for the purposes of civil or criminal
proceedings, be considered to be received by the promoter and collectors for the purpose
of applying them to the staled objects. (2) Where a reasonable proportion of the proceeds of a public collection is applied to
the expenses of administration of the public collection, it shall be considered to have been
applied to the stated objects. 2. The words “and the decision of the Minister shall be tinal” have been omitted as being unconstitutional in
view of article 125 of the Constitution. VI - 4203 (Issue 1]

e decision of the Minister shall be tinal” have been omitted as being unconstitutional in
view of article 125 of the Constitution. VI - 4203 (Issue 1]

ACT 59
Public Collections Act, 1961
(3) For the purposes of subsection (2), the determination of what is a reasonable pro
portion is a question of fact in each case. 9. Offences and penalties
A person who contravenes a provision of section 1 (1), or any of the terms of a notice
given under section 6, or who makes an application for registration under section 4 know
ing it to be false in a material particular, commits an offence, and is liable on summary
conviction to a fine not exceeding two hundred penalty units or to a term of imprison
ment not exceeding six months, or to both, and, for a second or subsequent offence, to a
fine not exceeding two hundred and fifty penalty units or to a term imprisonment not ex
ceeding twelve months, or to both the fine and the imprisonment. 10. Legal proceedings
A prosecution for an offence against this Act shall not be instituted except by, or with
the written consent of the Attorney-General. 11. Regulations
The Minister may by legislative instrument, make Regulations for carrying into effect
the provisions of this Act. 12.

ttorney-General. 11. Regulations
The Minister may by legislative instrument, make Regulations for carrying into effect
the provisions of this Act. 12.

Interpretation
(1) In this Act, except where the context otherwise requires,
“collector” means a person duly authorised under section 7 to assist in making a
public collection;
“Minister” means the Minister responsible for the Interior;
“promoter” means a person duly registered under section 5 as the promoter of a
public collection;
“stated objects” means the full and accurate statement of the objects referred to
in subsection (1) of section 4. (2) For the purposes of sections 1, 2 and 7,
“ appeal” means a request or invitation however conveyed, whether by actions, in
words, pictorially or in writing, and whether made in public, through the press, or
electronic media, in conversation, by house to house visiting or through the post. 13. Repeal
Spent.3
14. Commencement
Spent.4
3. The section provided that
(1) The Public Collections Ordinance (Cap. 45) is repealed. (2) Every statutory instrument made under the repealed Ordinance and in force immediately before the com
mencement of this Act shall continue in force as if made under the corresponding provision of this Act. 4.

nce and in force immediately before the com
mencement of this Act shall continue in force as if made under the corresponding provision of this Act. 4.

The section provides that the Act shall come into force are provided for by the Minister by legislative in
strument. The Public Collections Act, 1961 (Commencement) Instrument, 1961 (L.I. 124) appointed the
1st day of July, 1961 as the date on which the Act shall come into force. [Issue 1] VI - 4204